Ch v. Bd

CourtMichigan Court of Appeals
DecidedJune 11, 2026
Docket376696
StatusUnpublished

This text of Ch v. Bd (Ch v. Bd) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ch v. Bd, (Mich. Ct. App. 2026).

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

CH, UNPUBLISHED June 11, 2026 Petitioner-Appellee, 1:37 PM

v No. 376696 Macomb Circuit Court BD, LC No. 2025-001112-PP

Respondent-Appellant.

Before: CAMERON, P.J., and BOONSTRA and SWARTZLE, JJ.

PER CURIAM.

The trial court granted petitioner’s request for a personal protection order (PPO) and denied respondent’s motion to terminate the PPO. Respondent now appeals, arguing that the PPO was improperly granted and infringed on her rights. Because the trial court did not err, we affirm.

I. BACKGROUND

These parties appeared previously in this Court when respondent appealed a trial court order that denied respondent’s motion to modify custody and parenting time involving the child. Dean v Hunter, unpublished per curiam opinion of the Court of Appeals, issued March 18, 2026 (Docket No. 376734). Although this appeal deals with the same events, respondent is appealing the trial court’s order denying her motion to terminate the PPO in this case.

The problems between the parties that resulted in the PPO began when the child was in petitioner’s care, and respondent repeatedly called and messaged petitioner to speak to the child. The situation escalated when respondent posted a video on social media that included a screenshot of the parties’ messages, along with petitioner’s cell phone number. Petitioner received messages from an unknown number that told petitioner that his information was “going viral,” the police were being called, and his address would be leaked. Further, respondent contacted the police, and officers visited petitioner’s home and performed a welfare check on the child. Petitioner informed respondent that he intended to file for full custody and asked respondent why she was harassing him; respondent replied that she would call the police every time petitioner denied her contact with the child.

-1- Petitioner moved for full custody and sought an ex parte PPO against respondent. The PPO was granted without a hearing, and petitioner informed respondent of the PPO when she contacted petitioner to arrange pick up of the child. A week later, the trial court held a custody hearing and increased petitioner’s parenting time. After respondent delayed transfer of the child to petitioner during petitioner’s next scheduled parenting time, the trial court adopted the Friend of the Court’s (FOC) recommendation that respondent’s parenting time be temporarily suspended.

When the child was finally transferred into petitioner’s care, respondent contacted law enforcement and requested that they conduct a welfare check on the child at petitioner’s house. According to a police report, the officers who received the dispatch call were familiar with the situation between the parties and contacted respondent, informing her that they would not be conducting a welfare check due to the excessive number of calls where neglect was unfounded. The officers proceeded to petitioner’s home, spoke with petitioner, and checked on the child.

Respondent moved to modify custody and parenting time, and the FOC recommended that petitioner be awarded sole legal and physical custody of the child. At the hearing on respondent’s motion, the trial court reviewed police reports documenting respondent’s excessive reporting of petitioner to the police. Given the lack of evidence of abuse, the trial court instructed respondent to cease calling the police and confirmed that petitioner’s PPO was still effective. After claiming that she had never been served notice of the PPO, respondent was served with the PPO by the trial court.

Subsequently, respondent moved to terminate the PPO, and the trial court denied the motion. Respondent now appeals the trial court’s order denying the PPO termination.

II. ANALYSIS

A. PERSONAL PROTECTION ORDER

On appeal, respondent argues that the trial court erred in granting petitioner’s request for a PPO. We review for an abuse of discretion of the trial court’s grant of a PPO, as well as its denial of the PPO’s termination. CAJ v KDT, 339 Mich App 459, 463; 984 NW2d 504 (2021). The trial court abuses its discretion if its decision is “outside the range of principled outcomes.” Brown v Rudy, 324 Mich App 277, 288; 922 NW2d 915 (2018). The trial court’s findings of fact for its PPO decision are reviewed for clear error—a “definite and firm conviction that a mistake has been made.” CAJ, 339 Mich App at 464.

Here, the PPO expired on September 3, 2025, and there is no evidence in the record of efforts to continue the PPO, which suggests that this case is moot, and a judgment would not “have any practical legal effect upon a then existing controversy.” TM v MZ, 501 Mich 312, 317; 916 NW2d 473 (2018). A case is not moot, however, if a respondent argues that a PPO was improperly issued and requests that notice of the PPO’s rescission be reflected in the Law Enforcement Information Network (LEIN). Id. at 319-320. Respondent argues on appeal that if the trial court should have never issued the PPO, then references to the PPO should be removed from LEIN. Accordingly, this case is not moot.

-2- Under MCL 600.2950, a trial court must issue a PPO that restrains an individual with whom a petitioner shares a child if the trial court determines that there is reasonable cause to believe that the individual may commit certain acts, including unauthorized removal of a child, conduct under MCL 750.411h or MCL 750.411i, or “[a]ny other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.” When deciding whether there is reasonable cause for the PPO, the trial court considers whether respondent has committed one of the acts listed, as well as testimony, documents, or other evidence. MCL 600.2950(4). “The petitioner bears the burden of establishing reasonable cause for issuance of a PPO and of establishing a justification for the continuance of a PPO at a hearing on the respondent’s motion to terminate the PPO.” Hayford v Hayford, 279 Mich App 324, 326; 760 NW2d 503 (2008) (cleaned up).

Here, respondent’s actions created reasonable cause to believe that she would commit acts of stalking under MCL 750.411h. Under MCL 750.411h, stalking includes repeated uncontested contact through electronic communications that reasonably causes emotional distress, such as terror, fright, or intimidation. After petitioner received an excessive number of calls and messages from respondent and told respondent to stop contacting him, respondent not only ignored his request but also published petitioner’s phone number on social media, which led to threats from an unknown phone number, as well as called the police to petitioner’s house multiple times.

Because petitioner reasonably felt harassed, intimidated, and concerned for his safety as a result of respondent’s actions, there was reasonable cause to believe respondent committed an act under MCL 600.2950(1). Further, there was reasonable cause to believe that respondent would continue the harassment, considering that respondent explicitly stated that she would be continuing her course of action, including contacting the police every time petitioner denied respondent contact with the child. Although respondent claims that her conduct was simply parental communication, the excessiveness and pervasiveness of respondent’s contact with petitioner fails to serve any legitimate purpose. See Hayford, 279 Mich App at 332-333.

Respondent also argues that the PPO was misused to interfere with the custody arrangement.

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Bluebook (online)
Ch v. Bd, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ch-v-bd-michctapp-2026.