Brown v Rudy – DN 335923 – March 27, 2018
This was a very unusual PPO which was brought by the Petitioner’s limited guardian against the Petitioner’s boyfriend. The Court of Appeals found that the Respondent’s conduct did not give rise to a finding that he did or would commit any of the violent, threatening, or harassing acts prohibited by MCL 600.2950(1) and it appeared that the limited guardian sought the PPO to better control the Petitioner than because of a specific risk of stalking by the Respondent. In an unusual move the COA in addition to vacating the PPO, ordered the Circuit Court to consider the removal of the petitioner’s guardian under MCR 7.216(A)(7) due to the manner in which the limited guardian handled the matter as well as the antagonistic relationship between the guardian and the petitioner.