TRN v MDG - Oct 15, 2019 - 345306

Petitioner obtained a PPO based on the claim that the Respondent made a statement threatening suicide and subsequently the next day she found him in his bed with an object and that he became confrontational with her. The PPO was issued under both the Stalking section and the Domestic Relationship PPO sections. The opinion has a good discussion of the elements and burdens of proof under both actions. The Court of Appeals overturned the PPO finding that the Petitioner’s claims did not meet the elements of Stalking for the Stalking based PPO and that the trial court filed to make “a positive finding of prohibited behavior” as required by MCL 600.2950(4) and Kampf v Kampf, 237 Mich App 377, 386 (1999). In a foot note the COA noted that they were not going to address the respondent’s claim regarding a First Amendment ‘right to insult’ the petitioner; but it did reference MCL 750.411h(1)(c) which provides “Harassment does not include constitutionally protected activity or conduct that serves a legitimate purpose.”