(a) A police officer may arrest an individual for violating Section 656.04 , regardless of whether the violation was committed in his or her presence, if the police officer has reasonable cause to believe both of the following:
(1) The violation occurred or is occurring.
(2) The individual has had a child in common with the victim, resides or has resided in the same household as the victim, or is the spouse or former spouse of the victim.
(b) A police officer; without a warrant, may arrest and take into custody an individual when the peace officer has reasonable cause to believe all of the following apply:
(1) A personal protection order has been issued under Section 2950 or 2950a of the Revised Judicature Act of 1961, Public Act 236 of the Public Acts of 1961, being M.C.L.A. §§ 600.2950 and 600.2950a.
(2) The individual named in the personal protection order is in violation of the order. An individual is in violation of the order if the individual commits one or more of the following acts the order specifically restrains or enjoins the individual from committing:
A. Assaulting, attacking, beating, molesting, or wounding a named individual.
B. Removing minor children from an individual having legal custody of the children, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.
C. Entering onto premises.
D. Engaging in conduct prohibited under Section 411h or 411I of the Michigan Penal Code, Act No. 328 of the Public Acts of 1931, being M.C.L.A.§§ 750.411h and 750.411I.
E. Threatening to kill or physically injure a named individual.
F. Purchasing or possessing a firearm.
G. Interfering from petitioner's efforts to remove petitioner's children or personal property from premises that are solely owned or leased by the individual to be restrained or enjoined.
H. Interfering with petitioner at petitioner's place of employment or engaging in conduct that impairs petitioner's employment relationship or environment.
I. Any other act or conduct specified by the court in the personal protection order.
(3) The personal protection order states on its face that a violation of its terms subjects the individual to immediate arrest and to criminal contempt of court and, if found guilty of criminal contempt, the individual shall be imprisoned for not more than 93 days and may be fined not more than five hundred dollars ($500.00).
(c) Any person arrested pursuant to divisions (a) or (b) of this section shall not be released on an interim bond or on his or her own recognizance, but shall be held until he or she can be brought before a magistrate for arraignment. If a magistrate is not available, or trial cannot be held, within 24 hours of arrest, the person shall be held for 20 hours, after which the person may be released on an interim bond or on his or her own recognizance.
(d) After investigating or intervening in a domestic dispute as described in divisions (a) or (b) of this section, a police officer shall provide the victim with a copy of the notice in this section. The notice shall be written and shall include all of the following:
(1) The name and telephone number of the responding police agency.
(2) The name and badge number of the responding police officer.
(3) The following statement:
"You may obtain a copy of the police incident report for your case by contacting this law enforcement agency at the telephone number provided.
Your domestic violence shelter program and other resources in your area are (include local information).
Information about emergency shelter, counseling services and the legal rights of domestic violence victims is available from these resources.
Your legal rights include the right to go to court and file a petition requesting a personal protection order to protect you or other members of your household from domestic abuse which could include the following:
A. An order restraining or enjoining the abuser from entering onto premises.
B. An order restraining or enjoining the abuser from assaulting, attacking, beating, molesting, or wounding you.
C. An order restraining or enjoining the abuser from threatening to kill or physically injure you or another person.
D. An order restraining or enjoining the abuser from removing the minor children from you, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.
E. An order restraining or enjoining the abuser from engaging in stalking behavior.
F. An order restraining or enjoining the abuser from purchasing or possessing a firearm.
G. An order restraining or enjoining the abuser from interfering with your efforts to remove your children or personal property from premises that are solely owned or leased by the abuser.
H. An order restraining or enjoining the abuser from interfering with you at your place of employment or engaging in conduct that impairs your employment relationship or environment.
I. An order restraining or enjoining the abuser from engaging in any other specific act or conduct that imposes upon or interferes with your personal liberty or that causes a reasonable apprehension of violence."
(e) The police officer shall prepare a domestic violence report after investigating or intervening in a domestic dispute or an incident involving domestic violence as described in division (a) of this section. The report shall contain, but is not limited to containing, all of the following:
(1) The address, date and time of the occurrence or incident being investigated.
(2) The victim's name, address, home and work telephone numbers, race, sex, and date of birth.
(3) The suspect's name, address, home and work telephone numbers, race, sex, date of birth, and information describing the suspect and whether an injunction or restraining order covering the suspect exists.
(4) The name, address, home and work telephone numbers, race, sex, date of birth of any witness, including a child of the victim or suspect, and the relationship of the witness to the suspect or victim.
(5) The following information about the occurrence or incident being investigated:
A. The name of the person that called the law enforcement agency.
B. The relationship of the victim and suspect.
C. Whether alcohol or controlled substance use was involved in the occurrence or incident, and by whom it was issued.
D. A brief narrative describing the dispute or incident and the circumstances that led to it.
E. Whether and how many times the suspect physically assaulted the victim and a description of any weapon or object used.
F. A description of all injuries sustained by the victim and an explanation of how the injuries were sustained.
G. If the victim sought medical attention, information concerning where and how the victim was transported, whether the victim was admitted to a hospital or clinic for treatment, and the name and telephone number of the attending physician.
H. A description of any property damage reported by the victim or evident at the scene.
(6) A description of any previous domestic disputes or incidents involving domestic violence between the victim and the suspect.
(7) The date and time of the report and the name, badge number, and the signature of the police officer completing the report.
(f) The Police Department shall retain the completed domestic violence report in its files. The Police Department shall also file a copy of the completed domestic violence report with the prosecuting attorney within 48 hours after the dispute or incident is reported to the Police Department.
(g) Any person violating this section may be imprisoned for not more than 93 days and/or fined not more than five hundred dollars ($500.00) or both.
(Ord. 85A-5. Passed 11-10-99.)