NOW COMES Defendant [Redacted], by and through her attorney Patrick A. Maizy, and hereby moves for modification of release decision, pursuant to MCR 6.106(H)(2)(b).

1. Beginning on September 10, 2015, Complainant [Redacted] filed a series of complaints against the alleged actions of Defendant [Redacted], the last of which was filed on October 25, 2015.

2. On or around November 21, 2015, Complainant [Redacted] filed paperwork for a Personal Protection Order at the Macomb County Circuit Court.

3. The Honorable JUDGE EDWARD SERVITTO of the Macomb County Circuit Court ruled that an evidentiary hearing would first need to be conducted, scheduled the hearing for December 7, 2015.

4. Complainant [Redacted] failed to attend said hearing on December 7, 2015, at which point, the request for a Personal Protection Order was dismissed.

5. On or about January 14, 2016, nearly 90 days after any complaints were filed by Complainant [Redacted], and more than 30 days after the Honorable JUDGE EDWARD SERVITTO dismissed the Personal Protection Order request, Defendant [Redacted] was arrested outside of her home.

6. Defendant [Redacted] was then arraigned and released on bond, with a release condition that she be required to wear a tether / ankle bracelet, ensuring she remains at least one-quarter mile away from the home of the Complainant.

7. Pursuant to MCR 6.106(H)(2)(b), which reads as follows:

Rule 6.106 Pretrial Release

(H) Appeals; Modification of Release Decision.

(2) Modification of Release Decision.

(b) Arraignment on Information and Afterwards. At the defendant's arraignment on the information and afterwards, the court having jurisdiction of the defendant may, on the motion of a party or its own initiative, make a de novo determination and modify a prior release decision or reopen a prior custody hearing.

Defendant [Redacted] requests a modification of the prior release decision requiring that a tether / ankle bracelet be worn. A tether / ankle bracelet is not reasonably necessary for the protection of any named person, and far less restrictive means, such as a Personal Protection Order, exist.

WHEREFORE Defendant [Redacted] requests that the condition for release ordering her to wear a tether / ankle bracelet to ensure she remains at least one-quarter mile away from the home of Complainant [Redacted] be modified to a less-restrictive alternative.