This could mean a violation of a Michigan PPO (Personal Protection Order), a judgment of divorce or many other types of orders and judgments. A violation of a Michigan court order could mean civil or criminal contempt for the violator.
To determine where or not you have an action to bring forth a motion for contempt, here is a handy checklist:
1) Has an order of a Michigan court or judgment been violated? A Michigan court cannot use its contempt power without an actual violation. An anticipatory violation is not enough to hold someone in contempt of court.
2) Can the court's contempt power be invoked to remedy or punish the alleged violation? Only orders and judgments that are enforceable by the Court can qualify as violations.
3) Is this civil or criminal contempt? Depending on the type of contempt, there would be different burdens of proof and sanctions available to the Court.
4) If the first two steps are satisfied, your Michigan attorney should prepare a motion for an order to show cause the opposing party. The motion will set forth the alleged violation with supporting facts and/or attachments and a request for the party to appear in Court to answer for his/her violation of the court order or judgment.
5) From there, your attorney will file the motion, order and any supporting documentation with the Court. The Court will review the motion and all supporting documentation and determine whether or not to issue a show cause. If granted, the Court will provide a time and date, and the other party will need to be properly notified.
6) On the day of the Michigan show cause hearing, you will attend court with your attorney. The other party will need to appear, and may or may not have an attorney with them. The party who filed the motion has the burden of showing the alleged violations are a sufficient basis to go forward. The show cause can either be dismissed by the Court or if the Court finds a sufficient basis, it can set the matter for pretrial or trial. If the contempt is criminal in nature, the judge will refer the matter to the local prosecutor.
In Michigan, there are three remedies for contempt: coercion/force compliance with the order, criminal punishment and compensatory relief to the complainant for damages suffered as a result of the contempt.