Having a Personal Protection Order (PPO) issued against you can have serious consequences. A PPO case is not a criminal charge, so it won’t show up on your record. The problem is that it can limit your freedom. For instance, PPOs are recorded in the police’s Law Enforcement Information Network (LEIN) and are part of the public record. In Michigan, having a PPO isn’t something to belittle. However, there are several ways you can fight a PPO filed against you.
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Learn more about Personal Protection Order (PPO) here.
What Does Having a PPO entail in Michigan?
PPOs are classified into three forms under Michigan law. The type of PPO a victim seeks depends on their relationship with the offender. When the petitioner is in a domestic relationship with the respondent, a domestic relationship PPO tries to stop certain violent behaviors. A nondomestic relationship PPO is made when there are two or more acts of stalking, regardless of how close the victim is to the respondent. Lastly, a sexual assault PPO is best for people who have been sexually assaulted but don’t live with the respondent or haven’t been stalked by the respondent respondent twice or more.
If you have a PPO, you can’t:
- Show in certain places, including your home
- Speak to the petitioner and other specified people, including your kids.
- Have a firearm if your work necessitates one
If you are charged with violating a PPO, you can be apprehended without a warrant. The PPO may also be factor in a divorce or child custody proceeding. Moreover, if a judge finds you in violation of the PPO, you may face fines and imprisonment.
What Can I Do To Fight A PPO?
Because being the Respondent in a PPO matter might be detrimental, you should consult with an attorney. You can ask the judge to amend the provisions of the PPO or terminate (end) the PPO before coverage expires by filing a motion. Petitioners may also request that the judge extend the PPO’s expiration date.
File your motion with the court that imposed the protective order. There will be a court hearing at which both you and the Petitioner can present your version of events. The judge will decide whether to prolong, modify, or terminate the PPO at the hearing.
Remember that you only have 14 days to make a move to amend or cancel an ex parte PPO after learning about it. An ex parte PPO is a protection order signed by the judge without a hearing. This means that the judge approved the PPO solely on the basis of what the Petitioner stated in their petition.
The 14-day period begins once you are aware of the PPO. You may have learned about the PPO if you received the paperwork through proper service, or learned about it in another means.
If you fail to make your motion to fight a PPO within 14 days, you must demonstrate good cause for the judge to hear your motion to modify or terminate the PPO. Good cause means you had a legitimate reason for not filing your motion sooner or missing the court hearing. If the judge finds you lack reasonable reasons, your motion will be denied.
Assuming you file your motion on time, the court will hear it in 14 days. If you are a police officer and the PPO says you can’t have a gun, the hearing will happen within five days. You must ensure that the Petitioner receives your motion and the notice of hearing at least seven days before the hearing date.
Need a Competent Attorney To Help You Fight a PPO?
If you think someone has a personal protection order against you, you should hire a persistent and competent lawyer to fight a PPO issued against you. Goldman and Associates is here to provide you all the information you need about Personal Protection Order (PPO) in Michigan. Call us today for a free consultation or book an online appointment. We will call you as soon as possible and work with you to find a solution.