A copy of your petition and anything you attach to your request for the PPO is public record and will be given to the person you want restrained. If you do not want to include your home address or phone number in these documents, use an alternate address that the respondent already knows.
If you do not have an alternate address to use, please speak to the PPO advocate. A law enforcement officer or person licensed to carry a gun has no special protections against a PPO petition. You must advise the Court if the person you are trying to restrain is a law enforcement officer or person who must carry a weapon as a condition of employment! As of July 1, , a Respondent's employer must be notified immediately if a PPO is issued against a person who is identified in pleadings as a law enforcement officer!
Also, the County concealed weapons licensing board must be notified if a PPO prohibits a Respondent from owning or purchasing firearms. There is no filing fee for PPOs. However, the cost of serving a copy of the PPO on the restrained person which is the petitioner's responsibility may vary depending on who does it.
PPOs are only filed electronically. You can file a PPO remotely from any computer with internet access https: Clemens, MI on the 1st floor available to complete and file your personal protection order. An advocate is available to assist Monday - Friday from 8: Before filing, please re-read your ppo and attachments.
Do they fully and accurately tell the Judge what the respondent has done and why you need a PPO? Anyone who is over the age of 18 other than you can serve the respondent. There are 3 ways service of process can be completed:.
Once the respondent is served, you must scan and file your completed proof of service into your MiFILE account. The proof of service requires information on the date, time and place where service occurred. The order goes into effect as soon as the judge signs it.
The PPO can be enforced immediately. If your situation is an emergency, CALL ! Otherwise, call the nearest police department. A police officer may make a warrantless arrest of a PPO respondent if the officer has "reasonable cause" to believe that he violated the PPO. An officer may rely on a copy of the order if it contains all of the following: The officer may rely on the petitioner's or respondent's statement that the respondent has received prior notice of the order.
The PPO statute does not impose a time limit on the police officer's arrest authority, so a warrantless arrest may happen even if the respondent has left the scene of an alleged violation. If the police cannot find the respondent, they may choose to file a warrant request for Stalking; repeated violations of a PPO may constitute the crime of Aggravated Stalking. The police are encouraged to arrest if they have evidence of a PPO violation, but they have discretion to arrest or not arrest.
If arrested, the restrained party will be brought to a Circuit Court judge within 24 hours. The Judge will also set a date for a Show Cause hearing where you and other necessary witnesses will testify about the how the Respondent violated the PPO. If the restrained person is not arrested, you will have to file a motion to show cause and a request for a hearing in your MiFILE account. A "show cause" action focuses on whether the respondent should be held in contempt of court for violating the PPO.
Your motion to show cause will be reviewed by the Judge. You will have to have the motion and hearing date served upon the respondent. You must attend the show cause hearing; bring eye witnesses and supporting evidence, because testimony will be needed if the respondent disputes what you alleged in your motion. A PPO is a court order, so any violation proven beyond a reasonable doubt is criminal "contempt of court".
PPO violations happen in seclusion and public, at night and in broad daylight. Many times, police are not present when the violations occur. The constant is you.
Therefore, your help is necessary in order to prove that a violation occurred. Preserve all available tangible evidence of the PPO violation, such as notes or letters, voicemails, texts, etc.
Keep written notes of when and where the violations happened, what was said and done, who else may have seen or heard the respondent's conduct. Take photographs of property damage. Give all of these to the police or Prosecutor. Michigan statutes clearly state a Legislative intent that criminal sanctions be imposed in addition to whatever criminal penalties apply for a separate criminal offense.
Regardless of the petitioner's wishes for contact, the respondent will have violated the court's order. The petitioner's invitation or consent may mitigate sanctions, but it is no defense to the violation. If you do not want or need the PPO in effect any more, move to set it aside or modify it. Only a court can change a PPO; the parties cannot do this privately or informally.
Otherwise, the order will remain in effect until the date the judge originally set for it to expire. Assistance can be obtained from the PPO Office. I needed personal attention to build a high-performance resume. I had spoken with several services and found Class A to be highly experienced and pr….
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