(A) A peace officer who has reasonable cause to believe that an assault, an assault and battery or an aggravated assault has taken place or is taking place and that the person who committed or is committing the violation is a spouse, a former spouse or a person residing or having resided in the same household as the victim may arrest the violator without a warrant, irrespective of whether the violation was committed in his presence.
(B) When a peace officer has reasonable cause to believe that all of the following exist, he may arrest and take into custody the violator:
(1) One of the following injunctive orders:
(a) An injunctive order issued pursuant to M.C.L.A. § 552.14 (annulment, divorce or separate maintenance);
(b) An injunctive order issued by a circuit court stating on its face the period of time for which the order is valid and specifically restraining or enjoining a spouse, a former spouse or a person residing or having resided in the same household as the victim from entering onto premises, from assaulting, beating, molesting or wounding a named person or removing minor children from the person having legal custody of the children;
(2) A true copy and proof of service has been filed with the law enforcement agency having jurisdiction where the moving party resides;
(3) The person named in the order has received notice of the injunctive order;
(4) The person named is committing 1 of the following:
(a) Assaulting, beating, molesting or wounding a named person;
(b) Removing minor children from the custodial person in violation of custody and visitation orders;
(c) Entering onto premises;
(5) The order states on its face that violation of its terms subjects the person to criminal contempt of the court.
(C) A person arrested pursuant to subsection (B) of this section shall be brought before the circuit court within 24 hours after arrest to answer a charge of contempt for violation of the injunctive order. If the circuit judge is not available within 24 hours after arrest, the person arrested shall be taken before the district court.
(1993 Code, § 34-65)
Statutory reference:
Similar provisions, see M.C.L.A. §§ 764.15a, 764.15b