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Form CC 379
MOTION TO MODIFY, EXTEND, OR TERMINATE
PERSONAL PROTECTION ORDER
Use this form if you want the court to modify, extend, or terminate the personal protection order.
INSTRUCTIONS FOR COMPLETING "MOTION TO MODIFY, EXTEND, OR TERMINATE PERSONAL
PROTECTION ORDER"
Please print neatly. Press firmly because you are printing on five copies.
By filling in this form, you are asking the court to modify, extend, or terminate a personal protection order.
Items A through E must be completed before your motion can be filed with the court. Please read the instruction for each item.
Then fill in the correct information for that item on the form.
A Fill in the "Case No." the same way it appears on form CC 376 or CC 380.
B Fill in the "petitioner" and "respondent" and addresses the same way they appear on form CC 376 or CC 380,
including the ages of the "petitioner" and "respondent" if either is under the age of 18.
C Write in the same date that form CC 376 or CC 380 was signed by the judge. That date is in the lower left hand
corner of form CC 376 or CC 380.
D If you are the person the protection order is against, check item 2a. Also check either the box "modify" if you
want the court to change something in the order or check the box "terminate" if you want the court to terminate
the entire order. Then explain why you want the order changed or terminated. If the order was issued without
a hearing (ex parte), you may file a motion and request a hearing within 14 days after being served with, or
receiving actual notice of, the order. If the order was issued ex parte and more than 14 days have passed, you
must show good cause for the motion. If the order was issued after a full hearing, you must show good cause
for the motion. See MCR 3.707(A)(1)(b).
If you are the person who is protected by the order, you can check either item 2b or item 2c. Check item 2b if
you want the court to change something in the order. Check item 2c if you want the court to extend the
expiration date of the order or terminate the entire order. Then explain why you want the order extended or
terminated. To extend the expiration date of the order, you must file this motion no later than 3 days before the
order expires.
E If you are under 18 years old, you may need an adult (called a "next friend") to petition for you. Check this box
if you have a next friend helping you file this form.
F Write in today's date and sign the form.
G If you checked box 2a or box 2b in D you must get a hearing date. Ask the clerk to schedule a hearing.
The clerk will give you the information you need to fill out this part of the form. If you checked box 2c and the
judge terminates the order without a hearing, skip the instructions below in H . If you checked box 2c and the
judge will not terminate the order without a hearing, follow the instructions below in H .
H Write in today's date and sign the form. Hand the form to the county clerk. The clerk will keep two copies and
return the blue, pink, and yellow copies to you.
You must serve the other party with a copy of this form. If there is a hearing scheduled, you must serve this form at
least 7 days before the hearing date unless the respondent is a law enforcement officer or a person required to carry
a firearm as a condition of employment. In that situation, you must serve this form at least 5 days before the hearing date.
For details about serving the form, read page 7 of the booklet "Instructions for Personal Protection Orders."
If a hearing was scheduled, make sure you attend the hearing. Take a blank copy of form CC 376 or CC 380 with you to the
hearing. If a hearing was not scheduled, the court will notify the law enforcement agency to make changes to LEIN as stated
in the order.
•
For details about the hearing, read page 8 of the booklet "Instructions for Personal Protection Orders."
•
If you asked for a modified order and it is granted by the judge, you will need to fill out form CC 376 or CC
380, get it signed, and serve it on the other party. For details on how to do this, read pages 5 and 6 of the
booklet "Instructions for Personal Protection Orders."
MOTION
1. On
Date
a personal protection order was entered by this court.
a. I am the respondent. I ask the court to conduct a hearing to
b. I am the petitioner. I ask the court to conduct a hearing to modify the order.
the order.
c. I am the petitioner. I ask the court to
2.
Explain why you want the order modified, extended, or terminated. If box 2a is checked, the respondent must show good cause if the order was issued
terminate
terminate
the order.
extend
modify
after a full hearing or if more than 14 days have passed since the ex parte order was served.
3. I have a next friend motioning for me. I certify that the next friend is not disqualified by statute and is an adult.
F
Date
Signature of moving party
Complete this Notice of Hearing only
if you checked box 2a or 2b above.
NOTICE OF HEARING
G
You are notified that a hearing has been scheduled to modify, extend, or terminate the personal protection order
issued in this case.
C D
E
Judge:
Date:
Time:
Location:
If you require special accommodations to use the court because of a disability or if you require a foreign language interpreter
to help you fully participate in court proceedings, please contact the court immediately to make arrangements.
The court can modify, extend, or teminate the order even if you do not attend the hearing. It is important for you to attend.
H
Date
Signature of moving party
CC 379 (6/17) MOTION TO MODIFY, EXTEND, OR TERMINATE PERSONAL PROTECTION ORDERMCL 600.2950, MCL 600.2950a, MCR 3.707Petitioner’s nameAgeVRespondent’s name, address, and telephone no.AgeAddress and telephone no. where court can reach petitionerApproved, SCAO Original - Court1st copy - Judge/Assignment clerk (green)2nd copy - Respondent (blue)3rd copy - Petitioner (pink)4th copy - Return (yellow)STATE OF MICHIGANJUDICIAL CIRCUITCOUNTY MOTION TOMODIFY, EXTEND, OR TERMINATEPERSONAL PROTECTION ORDERCASE NO.Court addressCourt telephone no.AB
PROOF OF SERVICE
Motion to Modify/Extend/Terminate
Personal Protection Order
Case No.
TO PROCESS SERVER: You must serve the copies of the motion to modify, extend, or terminate personal protection order
and file proof of service with the court clerk. If you are unable to complete service, you must return this original and all copies
to the court clerk.
CERTIFICATE / AFFIDAVIT OF SERVICE / NONSERVICE
OFFICER CERTIFICATE
OR
I certify that I am a sheriff, deputy sheriff, bailiff, appointed
court officer, or attorney for a party [MCR 2.104(A)(2)], and
that: (notarization not required)
AFFIDAVIT OF PROCESS SERVER
Being first duly sworn, I state that I am a legally competent
adult who is not a party or an officer of a corporate party,
and that: (notarization required)
I served a copy of the motion to modify, extend, or terminate personal protection order by:
personal service
registered mail, delivery restricted to the nonmoving party (return receipt attached) on:
Nonmoving party name
Complete address of service
Day, date, time
I have personally attempted to serve a copy of the motion to modify, extend, or terminate personal protection order on the
following party and have been unable to complete service.
Nonmoving party name
Complete address of service
I declare that the statements above are true to the best of my information, knowledge, and belief.
Service fee
$
Incorrect address fee
$
$
$
Miles traveled Fee
Signature
Miles traveled Fee
TOTAL FEE
Name (type or print)
Subscribed and sworn to before me on
County, Michigan.
My commission expires:
Date
Signature:
Deputy court clerk/Notary public
Notary public, State of Michigan, County of
Title
,
$
Date
ACKNOWLEDGMENT OF SERVICE
I acknowledge that I have received a copy of the motion to modify, extend, or terminate personal protection order on
Day, date, time
Signature of nonmoving party
.
MCR 2.105(A)(2)