Full Answer
Dec 15, 2021 · When it comes to service, the petition and order can be served by anyone who is not a party to the case who is over 18. However, if you want law enforcement to serve it, service of PPO may cost anywhere from $10.00 to $100.00 depending on the travel costs associated with locating the respondent. 4 1 See MCLA 600.2950b (4)
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. If you have any contact with the police, even during a traffic stop, they will see ...
Power of attorney allows a third party, known as the attorney-in-fact or the agent, to make financial, legal and sometimes health decisions on someone's behalf. Without a power of attorney, loved ...
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 …
You are really asking us the wrong question; of course we all think you will need an attorney! But, in a perfect world, you should not. You should be able to go to Court and explain why you have not engaging in any threatening or abusive conduct that would justify a PPO.
I'm not sure I understand what you mean that you have been issued a petition for a PPO.#N#If you are the Petitioner, you are applying for a PPO against someone and you will probably not need an attorney to do that, at the time of filing it.#N#If you are the Respondent, and the PPO was already issued against you, you...
Most of the time when one files for a Personal Protection Order, the Petition and documents to support the request for the issuance of the Order are sent to the Judge for consideration as to whether to enter the Order without further notice (ex-parte), and the Judge has 24 hours to make the decision.
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.
To get started, follow these basic guidelines for designating power of attorney: 1 How to set up power of attorney. 2 Consider durable power of attorney. 3 Limited vs. general power of attorney. 4 Immediately effective vs. springing power of attorney. 5 Power of attorney for health care.
Power of attorney is a written legal document that allows an agent or attorney-in-fact to take financial and legal actions for you.
A springing power of attorney goes into effect in a predetermined situation, such as after the principal becomes incapacitated. Typically, the legal document will specify the circumstances under which the power takes effect. An immediately effective or nonspringing power of attorney is in place once the paperwork is signed.
Generally, power of attorney applies to legal and financial matters, but a separate document can also allow a proxy to make health care decisions for you if you are incapacitated. The rules for designating power of attorney vary from state to state, so it's important to know your own state's laws. Here's what to know about power ...
That's where durable power of attorney comes in. A durable power of attorney continues after the individual is incapacitated. So if you are unable to make financial or medical decisions on your own after an accident or illness, the document will remain in effect.
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 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:
Entering your home or another place. Assaulting, attacking, beating, molesting, or wounding you or another person. Threatening to kill or physically injure you or another person. Removing your children from you if you have legal custody of them. Buying or having a gun.
Carry Your Papers. Always keep a copy of your PPO and Proof of Service with you. Keep a second copy in a safe place. You can ask the court clerk for extra copies of the order (or you can make extra copies) to give to your children’s schools or daycare providers, your place of work, and others who need to know about it.
Having access to your home/work address or telephone number in records that concern a child of both of yours. Stalking you. Intentionally causing you mental distress or controlling you by harming or threatening to harm an animal you own, taking the animal from you, or keeping it from you.
The purpose of a nondomestic PPO is to protect you from stalking or harassing behavior if you and the abuser don't have a domestic relationship. 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.
The purpose of a nondomestic sexual assault PPO is to protect you from a person who has sexually assaulted you or threatened to sexually assault you when you do not have a domestic relationship with that person. If you are under 18, sexual assault includes giving you obscene material.
If you can’t have the Respondent served by any of these methods, you can ask the court for permission to have them served by regular first class mail or another way. You must file a Motion and Verification for Alternate Service. If the judge allows alternate service, they will sign an Order for Alternate Service.
The notice of hearing. The Respondent must be served at least one day before the hearing date if you are asking for a domestic relationship PPO or a nondomestic stalking PPO. If you filed a petition for a nondomestic sexual assault PPO, the Respondent must be served at least two days before the hearing.
In some counties, the sheriff or a local police department will serve the Respondent for you. There is usually a cost for this, but not always. This type of service may be safer than having a friend or relative serve the papers.
The server can mail the papers by registered or certified mail, with service restricted to the Respondent and a return receipt requested. This type of service only works if the Respondent accepts delivery of the papers and if you have a safe address where the return receipt can be mailed.
If the judge decides to grant your PPO at a hearing, the judge will sign the order. If the Respondent attends the hearing, you can ask the court to serve the Respondent at that time. If the Respondent doesn’t attend the hearing, you must arrange for service of the signed PPO.
The LEIN is a statewide computer database used by police and other law enforcement agencies. An officer can search the LEIN database to find out if there is a PPO against another person and whether or not that PPO was served. Having your PPO and Proof of Service entered into LEIN will help the police enforce your PPO.
Domestic PPO#N#To get a domestic PPO you must show that someone with whom you have or had a relationship has threatened you, committed domestic violence, or restricted your independence or freedom. You can file for a domestic PPO against:
To get either type of PPO, you must file a petition with the court. In the form, you must state what the other person (respondent) did, the dates the incidents occurred, and how you suffered as a result. Although a police report is not required, if you have one, you can include it with your petition.
After your PPO has been granted, you must have the PPO and petition delivered to the respondent. You do not have to do this yourself; rather, the documents can be delivered by a police department, a process server, another adult, or through registered mail with a return receipt requested.
You are unable to file a petition for a PPO against your minor child, and your minor child cannot file a petition against you or their other parent.
When you file a petition for a PPO, you have initiated a court process, and you must adhere to the rules of the court. Having an experienced attorney on your side can help you navigate the complexities of obtaining a PPO. Our lawyer has over 20 years of legal experience and has handled various family law cases.
If there is a PPO against you, you can be restrained from doing things such as: 1 Appearing in certain locations, including your own home 2 Communicating with the Petitioner and other named people, including your children 3 Having a gun (even if your job requires you to have one)
You can be arrested without a warrant for allegedly violating a PPO. If a judge determines you violated the PPO, you can face fines and jail time.
Time Is of the Essence Top. You only have 14 days after you find out about an ex parte PPO to file a motion to modify or terminate it. An ex parte PPO is a PPO that the judge signs without having a hearing. It means the judge signed the PPO based only on what the Petitioner wrote in their petition.
Good cause means you have a valid reason why you didn’t file your motion earlier or why you didn’t appear at the court hearing. If the judge does not believe you have good cause, your motion will be denied. If you file your motion by the deadline, there will be a court hearing within 14 days.
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.
PPO’s are court-issued orders compelling a person not to threaten, harm, harass, intimidate, or have contact with another person. The severe ramifications for someone who is the subject of a PPO, including jail time, are little known among the public, but they can haunt someone for the rest of his or her life.
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 ...
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, or simply people who have lived together (like roommates).
The burden of proof is substantially lower than in criminal matters. 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.
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.
People commonly believe that Personal Protection Orders don’t make any difference if they are not interested in making contact. This belief is seriously flawed and can lead to disastrous consequences. A PPO is entered into the Law Enforcement Information Network (LEIN), essentially meaning that it is on your record. When someone searches the network for your name, the PPO may come up, suggesting that you are a dangerous person. Additionally, private companies that maintain records for background searches keep and report records of personal protection orders to potential employers, licensing agencies, banks, and other interested parties.