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.