|Personal Protection Order (PPO)|
|Written by Robert Stelmock|
|Thursday, 13 November 2008 10:29|
II. Filing for PPO
File Petition on court approved form, with required information completed. Relationship of parties:
If none of these relationships apply, relief is limited to stopping stalking
B. Behavior Petitioner wants terminated:
1. Assaulting, attacking, beating, wounding harassing petitioner or children.
III. Ex-Parte Order
A. Order can be issued ex-parte if there is sufficient information in the petition to show that (1) respondent has been violent or threatening and (2) the Order is necessary to protect the Petitioner from further violence or threats and (3) immediate and irreparable injury, loss or damage will result from the delay required to effect notice or notice itself will precipitate adverse action before a Personal Protection Order can be issued.
B. If the Court denies a petition, the reason(s) for denial must be clearly stated on the order.
If the ex-parte order is denied, the Petitioner can file the Petition and get a hearing.
A. Motion requirements must be followed.
B. Petitioner testifies in response to attorney's or judge's questions about incidents alleged in petition. (If Petitioner alleges extreme fear of Respondent, she/he may testify by phone and avoid being at hearing with Respondent.)
C. Respondent testifies in response to attorney's or judge's questions regarding answers to allegations.
D. If Judge determines that allegations in petition are true and meet the legal standards, the Petition should be granted.
E. Court needs to determine whether restrictions make sense. Need to adhere to options in preprinted order. (Limitations of LIEN)
F. Court needs to determine length of time the order is in effect (at least 182 days but not more than one year).
G. The Judge will deny the Petition if the allegations are not proven by a preponderance of evidence, or do not meet the legal standard. The order must reflect the reasons for denial.
V. For Objection Hearings after the Ex-Parte Order has been granted
A. Judge should determine whether objections were filed within 14 days of being served. If beyond 14 days, objecting party must allege good cause for the delay.
B. Was Petitioner served with objections and notice of hearing.
C. Does the evidence presented by the Respondent refute the allegations contained in the petition.
VI. Extension or Modification of PPO
If a PPO is granted the Petitioner may file for extension or modification.
VII. Violation Hearings
A. Petitions for an Order to Show Cause should be filed and scheduled for hearing on Motion day.
B. Motion requirements must be met, including service on Respondent.
C. Argument and brief testimony taken.
D. If Judge determines that Respondent violated order, may impose sanctions such as:
1. Jail time.
The information you obtain at this site is not, nor is it intended to be, legal advice and does not establish an attorney-client relationship. Please consult the Law Offices of Stelmock & Associates, PLLC, 734 927-9782 for individual advice regarding your own situation.
|Last Updated on Tuesday, 18 November 2008 15:38|