How to Fight a PPO

Violations of the PPO
If the person restrained is contacting you, call the police. It will be easier to enforce your PPO if you let law enforcement know about contact right away, and not allow it to progress to a point where you might be in greater danger. When the police arrive, they will make a decision as to whether they can arrest the person. If the police do make an arrest or send a notice of violation to the prosecutor's office, the prosecutor will determine whether there is enough evidence to take the issue to court and try to have that person held in contempt. You may need to be present at the court hearing. This can take place within a few days after the arrest or violation, but could be adjourned for a number of weeks, depending on the amount of evidence, number of necessary witnesses, and the court's schedule. The police or prosecutor's office will contact you regarding when you need to appear. Prior to the hearing, the person you had restrained will be eligible to post bond and be released, but the PPO will still remain in effect.

If the police do not make an arrest or request a warrant and the prosecutor's office does not file a charge, you or your attorney (if you have one) may ask the judge to hold the person in contempt. This would happen at a hearing in court. If you want to have this hearing, you need a form (Michigan Court form #cc382) called "Motion and Order to Show Cause". You can get this form at the prosecutor's office or the County Clerk's office. If you choose to file a Motion to Show Cause form, you take the form to the clerk's office, and the court clerk will send it to the judge's office for a hearing date. Prior

to that hearing, you need to serve the other person with a copy of the petition and a notice of the Motion and Order to Show Cause hearing signed by the judge. Please see section IV above for your three options regarding service.

At the time of the hearing, you should be prepared to be a witness and testify, under oath about how the respondent violated the PPO. If the violation concerned letters or any other documents or recordings, including police reports, bring them with you so the judge can see all of the evidence that supports the violation.
Get the documents
In order to be prepared to fight the order you need to know exactly what is being said about you. These documents are public record and are available at the court house.
Know the law in your state
Know the timelines for contesting these orders, and take action immediately when you are informed that there may be an order against you.
Do not violate the order.
Even if you believe the temporary order was wrongfully entered, it is still an order from the court and violation of it could result in criminal charges and jail time. Violation of an order will also send a message to the judge that the order is needed, because you cannot even behave with it in place.
Do not violate the order.
Take a good hard look at what is being said about you and gather any proof you can that it did not occur or that it could not have occurred. If you are accused of doing something while you were at work, obtain your timecard to show the judge that you could not have possibly done it. If the petitioner is alleging that you are harassing her on the phone, get your phone records to show that you have not called her.
Put on your game face
When you walk into court, all the judge knows is what the other party has written in their petition. Go to court dressed nicely, be respectful, and be calm the entire time you are there. First impressions with the judge matter and will help you during the hearing.
Testify
If you get the chance to testify, take it. Spend your time explaining your relationship with the petitioner and what actually occurred during the times she alleges you were harming or threatening to harm her. Do not throw mud! Judges are not more sympathetic toward you if you show how crazy she is. Stick to objective facts and steer clear of making her personality an issue.
Hire an attorney
You have the right to have legal representation if a protective order is entered against you. It is important to have someone advocate for your rights and to hold the other party to their burden of proof. Cordell & Cordell has men's divorce lawyers located throughout the country.