When you’re hit with a Personal Protection Order (PPO) in Michigan, you feel like a heavy cloud is hanging over your life. The order restricts who you can see, where you can go, and even how you communicate with certain people. Perhaps it was granted unjustly, based on misleading accusations, or the situation has simply changed. Whichever way you found yourself here, you'll agree that you're probably feeling frustrated, confused and desperate for a way forward.
The good thing is that a PPO isn't always set in stone, and there are legal avenues you can use to modify or terminate a Personal Protection Order (PPO) if circumstances have changed or it was issued unfairly.
When Can You Modify or Terminate a Personal Protection Order (PPO) in Michigan?
A Personal Protection Order (PPO) is an order issued by the court to protect an individual from violence, harassment, and threats. It's used to prevent direct or indirect contact, communication, or physical closeness between the parties involved. In Michigan, three different types of PPOs exist, each designed to fit unique scenarios. These types include Domestic Relationship PPO, Non-Domestic Sexual Assault PPO, and Non-Domestic Stalking PPO.
PPOs provide critical protection in sensitive situations but there are times when the court may decide to drop (terminate) or modify them. Some of these instances include:
Mutual agreement - The individual who sought protection through the PPO (officially known as the petitioner) may decide to have it modified or removed. And they can do that by filing a motion with the court. However, before their request is granted, the judge must assess whether the modifications still protect those involved.
Expiration or non-renewal - PPOs last for a specified period. It may be for six months or a year. The petitioner has to request renewal of the PPO upon its expiration so that the order continues to stand. If they fail to renew it, the order automatically ends on the expiration date.
Change in circumstances - Certain circumstances like relocation, reconciliation, or resolving the conflict contributing to the PPO are also good grounds to have it modified or terminated. And the respondent (the person served with the PPO) can petition the court for changes or removal.
Violation of due process - If the PPO was issued without informing the other party (respondent) or giving them a fair chance to defend their stance, they may have valid grounds to oppose it.
Lack of justification - The respondent may sometimes feel that the petitioner made false or exaggerated claims to get a PPO against them. In such a scenario, the respondent can request a court hearing to dispute the need for an order.
Error in issuance - There are also times when the court can grant a PPO based on incorrect or incomplete information. And if the respondent raises the issue, the court may choose to reconsider and amend or dismiss it.
When a respondent wants modification or termination, they must file a Motion to Terminate or Modify PPO with the court. They must also present strong arguments that justify the need for the change. Upon submission, the court will set a date for the hearing where both the respondent and petitioner will present their evidence and arguments before a final judgment is issued.
Case Study: A PPO Issued in Error
Let's take a look at what happens when there's an error in the issuance of a PPO through a real-life scenario. A divorced couple was at the center of a case where the ex-wife (petitioner), was granted an ex parte PPO (PPO without notice due to urgent danger) against her ex-husband (respondent) in 2018.
The PPO barred him from her home and any stalking behavior. The court later extended it until May 2020. After divorce and financial settlement, the court ordered the ex-wife to leave the marital home by February 4, 2020. However, the judgment erroneously recorded the date as February 6, 2020, due to a scrivener's error (error in drafting a judgment).
Alleged PPO Violations and Contempt Ruling
The ex-wife accused the ex-husband of three PPO violations, These include going to his marital home on February 5, 2020, believing he was legally permitted, showing a personal photograph on February 14, 2020, during a parental exchange, and shouting at the ex-wife’s child during another parental time exchange on March 11, 2020, whom he had not fathered.
The trial court judged that each incident constituted an individual PPO violation. The ex-husband was sentenced to 30 days in jail for contempt of court.
Upon review, the Michigan Court of Appeals found a legal error in the trial court's ruling. The court insisted that Michigan law (MCL 750.411h) classifies stalking as a repeated pattern of conduct with at least two separate incidents.
The trial court misapplied the law by treating each act as a standalone PPO violation rather than examining their collective pattern. Due to this abuse of discretion, the appeals court reversed the contempt order and returned the case for further proceedings.
Why You Need Expert Help with Your PPO
In this case, Mark Linton, a seasoned Michigan appellate lawyer, made the appeal successful by closely examining the PPO and the trial court's reasoning, which revealed the errors in legal interpretation.
He then disputed the PPO violations and asserted that they didn't satisfy Michigan's legal criteria for stalking. That way, he successfully secured a reversal of the contempt ruling and protected the ex-husband from an unfair jail time sentence. Without Mark's legal expertise, the ex-husband would have received wrongful jail time due to a misapplied law.
In other cases where respondents failed to hire skilled attorneys without specialized appellate experience like Mark Linton, they had worse experiences and received harsh penalties. These ranged from losing the right to appeal and unfair restrictions to penalties that affected their gun rights, employment, and even child custody arrangements.
Don't Risk it, Get Expert Help Today!
The feeling of being trapped under the weight of an unfairly issued PPO or one that no longer reflects reality, can be devastating. And all you ever experience is frustration, helplessness, and fear of what might come next. But this shouldn't be a battle you fight alone.
Mark Linton understands your situation perfectly. And he has defended many others like yourself who felt helpless and powerless against a system that seemed unwilling to listen. And he can help overturn the unjust PPO you were served with, restore your rights and reclaim your freedom and future. Don't let a PPO dictate your life any longer. Contact Mark Linton today to begin the fight to set things straight.
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