They are intended to protect people from threats, harm, or harassment from someone who has been warned to stop offensive behavior but has failed to do so. A judge will grant a PPO if a petitioner convinces a court that he or she has a reasonable fear for his or her safety. A PPO can be issued without a hearing.
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Dec 31, 2011 · Posted on Jan 3, 2012. While you do not need an attorney to answer the PPO, it is a good idea to have one. Having a PPO on you is not a criminal charge, however, if you violate the PPO you can be criminally charged. If the PPO is issued, you must abide by it.
A Personal Protection Order (PPO) is a court order to stop threats or violence against you. A PPO can help protect you from someone who is threatening, hurting, harassing, or stalking you. You can get a PPO if you have a reasonable fear for your personal liberty or safety.
Nov 18, 2019 · A personal protection order ( PPO) is a court order to stop threats or violence made by one person against another. They are intended to protect people from threats, harm, or harassment from someone who has been warned to stop …
Jan 03, 2018 · A Personal Protection Order (PPO) is meant to protect the Petitioner from threats or violence. While having a PPO against you does not give you a criminal record, it can severely affect your freedom. A PPO can prevent you from visiting certain …
To ask for a PPO, you must file a petition with the court. You can use the Do-It-Yourself Personal Protection Order (PPO) tool to create a petition for any of the three types of PPOs. The petition is used to give the judge important information they need to decide whether to give you the order you want.
To get a domestic relationship PPO, you must show the judge that the abuser is likely to assault, threaten, harass, or stalk you. You must also show that you and the abuser have a domestic relationship. You have a domestic relationship with the abuser if they are:
Or, if the judge denies your petition for an ex parte order, there will be a hearing if you request one within 21 days. In either of these situations, you must have a copy of the petition and a notice of hearing delivered to the abuser. The abuser will have the opportunity to attend the hearing and respond to the information in your petition. In this situation, the abuser will know you are asking for a PPO before you are protected by an order.
Top. A Personal Protection Order (PPO) is a court order to stop threats or violence against you. A PPO can help protect you from someone who is threatening, hurting, harassing, or stalking you. You can get a PPO if you have a reasonable fear for your personal liberty or safety. There are three types of PPOs:
To get a stalking PPO, you must show that there have been at least two incidents of harassment. Harassment is contact you don’t want. It has no valid purpose and causes you emotional harm or fear. It is also something that would cause a reasonable person to suffer emotional harm or fear.
Go to the State Bar of Michigan Lawyer Search page. Enter the type of lawyer you need ( divorce, bankruptcy, etc.) and your city or county, and click "Find a Lawyer." Then scroll down to the box on the left side that says "Don't see the filter you need? Type in your own words" and type “limited scope ;” or
Your PPO and petition must be served on the abuser. Your PPO can be enforced anywhere in Michigan as soon as it is signed by a judge. Once your order is served, it can be enforced anywhere in the United States.
In PPO violations, however, the court will rule based on a “preponderance of the evidence,” meaning it will hear from both sides and decide which party presents the more persuasive evidence.
If the judge believes a respondent violated the PPO, he or she will almost always impose jail time. The prosecution must demonstrate that a defendant committed a crime beyond a reasonable doubt. In PPO violations, however, the court will rule based on a “preponderance of the evidence,” meaning it will hear from both sides and decide which party presents the more persuasive evidence. The petitioner almost always gets the benefit of the doubt unless a strong, credible defense is mounted. Though “preponderance of the evidence” may sound fair, it means that the chances of you being found guilty of a violation are higher than in a criminal case, and the amount of proof against you can be slim. If the petitioner makes accusations that you violated the PPO and the court finds you in contempt, you may be imprisoned for up to 93 days and fined up to $500. Once out, the petitioner could make the same accusations again, leading to jail time & fines as long as the PPO stands.
If the petitioner makes accusations that you violated the PPO and the court finds you in contempt, you may be imprisoned for up to 93 days and fined up to $500. Once out, the petitioner could make the same accusations again, leading to jail time & fines as long as the PPO stands.
Within those 14 days, you will have to file a Motion to Terminate. If you do not act within 14 days, the PPO will stay in effect, and you will not have a right to a hearing to dispute the accusations. Although you may not be able to seek a total dismissal of the PPO after 14 days, you can always file a motion to modify or terminate specific parts ...
Though “preponderance of the evidence” may sound fair, it means that the chances of you being found guilty of a violation are higher than in a criminal case, and the amount of proof against you can be slim.
Two Types of PPO’s are Domestic and Non-Domestic. A Domestic Personal Protection Order is appropriate when there is a familial, domestic, or romantic relationship between the petitioner and the respondent (also known as the defendant). A domestic relationship is broadly defined and can include blood relatives, relatives by marriage, ...
If your thought is that you know you are not worried about a violation because you are going to avoid contact, you may want to rethink your position. If the allegations in the petition for the Personal Protection Order were false or exaggerated, there is a reason to be concerned about false or exaggerated allegations of a violation.
What you Need to Know About Your PPO Termination Hearing. In Blog by Chris KesselJanuary 3, 2018. A Personal Protection Order (PPO) is meant to protect the Petitioner from threats or violence. While having a PPO against you does not give you a criminal record, it can severely affect your freedom. A PPO can prevent you from visiting certain ...
Any proposed changes must be clearly defined. It’s important to let the judge know if you believe the claims against you are false.
Keep in mind that a judge can sign an ex parte PPO without holding a hearing. Once the ex parte PPO is signed, you only have 14 days to file a motion to change or terminate the PPO.
Violating a PPO can lead to serious criminal charges and arrest. A PPO may also be used against you in a divorce or child custody case. Having a PPO against you can impact several aspects of your life. A PPO can forbid you from entering your home or speaking with your family members, including your children.
Once the ex parte PPO is signed, you only have 14 days to file a motion to change or terminate the PPO. This is true even if you do not receive proper service of the papers. When filing a motion, you will need to let the judge know whether you want the PPO changed or terminated.
DO NOT wait! Contact an attorney before it is too late! You can reach an experienced PPO defense attorney by calling 866 766 5245.
The attorneys at The Kronzek Firm handle PPO cases throughout mid-Michigan. We are an experienced and aggressive team of defense attorneys, who will fight vigorously and persistently to protect your rights and reputation. The right attorney is critical. We can help you.
The second type is a Non-Domestic Stalking PPO (MCLA 600.2950a). This type of PPO protects victims of stalking, regardless of the relationship between the parties. “Stalking” is defined as:
The parties involved in a PPO action are called the petitioner and the respondent. The petitioner is the person seeking the protection of the PPO (this person is sometimes called the Plaintiff). The respondent is the person named in the PPO as the stalker or abuser (this person is sometimes called the defendant).
A Domestic Relationship PPO (MCLA 600.2950), is available to restrain certain behaviors (including stalking) that interfere with a person’s personal freedom, or that cause a reasonable fear of violence. The Domestic Relationship PPO applies if the respondent:
Michigan Personal Protection (Restraining Order) Attorneys. A Personal Protection Order (also known as a PPO) is a civil protection order against violence, the threat of violence, and various forms of stalking. In other words, if someone has stalked you, threatened you, tried to hurt you, or has successfully hurt you, ...
Fill out a “Certificate of Mailing” and file with the Circuit Court Clerk’s Office after placing the paperwork in the mail; it can be found at the bottom of the “Order on Motion to Modify, Terminate, or Extend PPO.”
A PPO can help protect you from someone who is threatening, hurting, or harassing you. You need to use different PPO forms if the person you need protection from is a minor. To learn more about the different types of PPOs, read the article Overview of Personal Protection Orders.
The Respondent in a PPO case has the right to file a motion to modify (change) or terminate (end) an ex parte PPO. The motion must be filed within 14 days after the Respondent is served with the PPO or receives notice of it.
Nondomestic Stalking PPO. A nondomestic stalking PPO is used to protect you from stalking if you and the abuser don't have a domestic relationship.
Your PPO will remain in effect until the expiration date unless the judge extends it. An emergency PPO must be in effect for at least six months. But the judge could make it effective longer than six months.
A "no-contact" order is usually a bond condition in a criminal case. A “no-contact” order usually means the abuser can’t: If the abuser violates a “no-contact” order that is a condition of bond, the judge can revoke or increase the amount of the bond. Only a judge can change a bond condition after it’s ordered.
You must file the motion at least three days before the expiration date. In the motion explain why you want your PPO extended. If you file a motion, the judge can extend your PPO without a hearing.
You have a domestic relationship with someone who is: A Domestic Relationship PPO can help you if someone assaulted or threatened you, or if you have a reasonable fear for your personal liberty or safety. To learn more, read Domestic Relationship Personal Protection Orders.
When you or your healthcare provider asks the PPO for pre-authorization, the PPO will probably want to know why you need that test, service, or treatment. It’s basically trying to make sure that you really need that care, and that there isn’t a more frugal way to accomplish the same goal. For example, when your orthopedic surgeon asks for pre-authorization for your knee surgery, your PPO might require you to try physical therapy first. If you try the physical therapy and it doesn’t fix the problem, then the PPO may go ahead and pre-authorize your knee surgery.
Prior authorization is a way for a PPO to make sure it’s only paying for healthcare services that are really necessary , so the insurers might require you to get pre-authorization before you have expensive tests, procedures , or treatments.
Managed-care plans like HMOs, exclusive provider organizations ( EPOs) and point-of-service (POS) plans differ from PPOs and from each other in several ways. Some pay for out-of-network care; some don't. Some have minimal cost-sharing; others have large deductibles and require significant coinsurance and copays. Some require a primary care physician (PCP) to act as your gatekeeper, only allowing you to get healthcare services with a referral from your PCP; others don’t. In addition, PPOs are generally more expensive (for a plan with comparable cost-sharing) because they give you more freedom of choice in terms of the medical providers you can use. 6
PPOs got this name because they have lists of healthcare providers that they prefer you to use. If you get your health care from these preferred providers, you pay less. 1. PPOs are a type of managed care health insurance plan like their distant cousins, health maintenance organizations, or HMOs.
A PPO’s network includes not just physicians, but every imaginable type of healthcare service like labs, X-ray facilities, physical therapists, medical equipment providers, hospitals, and outpatient surgery centers. 4.
Cost-sharing is part of a PPO’s system for making sure you really need the healthcare services you’re getting.
This is one of the ways a PPO differs from an HMO.
In addition to the judge, others may be at the hearing, including the court reporter, sheriff’s deputy, attorneys, the other party, a victim advocate and you. Some courts will hold several hearings during a set period of time, so the individuals involved in those cases may also be in the courtroom.
It is important that you attend the hearing so that you can provide the judge all of the information that is available and necessary to either issue a final protection order or to dismiss the case.
If you have an attorney with you, the attorney can make certain that evidence is given to the judge. The judge will likely ask the other person if there are any issues or concerns, called objections, with your request. The judge will then decide whether to accept the item as evidence.
When a judge decides that the petition for a protection order or a renewal should be granted based on the contents of the petition, the judge may sign an ex parte order. If this is the case, the respondent has the opportunity to request a hearing, to provide an opportunity to say why the protection order or renewal should be denied.
After both parties have had an opportunity to speak, the judge has several options. The judge may sign a final protection order, dismiss the protection order, or decide to think about it and make a decision later.
Once a hearing date has been scheduled, the date and time will be provided to both parties. You will be contacted by the court staff when a date and time for the hearing has been set. In some circumstances the date and time of the hearing may be mailed to you so it is important to let the court know of any change in your mailing address so that you can receive the notice.
The process for the hearing may change depending on whether any attorneys are present at the hearing. If you are represented by an attorney you should talk with your attorney prior to the hearing. Your attorney should describe the hearing process. In some cases, even if an attorney is present, the judge may not allow the attorney to ask the parties questions during the hearing. Each side will be given an opportunity to testify in court, or in other words to explain to the judge why a protection order should or should not be granted.