What you Need to Know About Your PPO Termination Hearing

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 locations or communicating with certain people. 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.

Filing a Motion to Change or Terminate a PPO

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. Fortunately, you might be able to file a motion to modify or terminate the PPO.

A motion can be filed with the court that issued the PPO. Once accepted, a termination hearing will be held. This hearing provides an opportunity for both the Respondent and the Petitioner to tell their sides of the story.

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. This is true even if you do not receive proper service of the papers.

What to Include in Your Motion

When filing a motion, you will need to let the judge know whether you want the PPO changed or terminated. Any proposed changes must be clearly defined. It’s important to let the judge know if you believe the claims against you are false.

Make sure you include any evidence to support your motion. Print out and attach supporting emails, documents or text messages. It’s crucial to be as honest and accurate as possible when filing a motion to change or terminate a PPO.

Trusted Michigan Lawyer

A PPO can be damaging to your character and your freedom. It can affect your life in many ways. An experienced lawyer can help you file a claim to change or terminate a PPO.

Nessel and Kessel Law is one of Michigan’s top criminal defense and family law firms. We can help protect your rights and freedom. Please contact us for more information.

PPO Petition Denied in Wayne County

PPO Attorney Successfully Fights Petition.

At a hearing in the Wayne County Circuit Court, family division, Dana Nessel, top Michigan criminal defense attorney and PPO attorney, successfully argued against the issuance of a Personal Protection Order (PPO).  The petitioner and the client (respondent) were formerly husband and wife, but were divorced almost 10 years ago.  The petitioner claimed that she was in need of a PPO because our client had made numerous threats against her.  In her petition, she claimed that our client had been making these threats for months, that he had appeared at her home unannounced, and that he claimed he was going to use his pistol against her.

Our client lives in another state and had to arrange to hire a Detroit PPO attorney who would fight his case.  He maintained that the claims in the PPO were completely false…or more accurately, that they were true to a certain degree.  The petitioner claimed that the client had made threats, which was true in a manner of speaking.  The parties have two children together.  Our client has primary custody outside of Michigan.  Unfortunately, the petitioner has a habit of failing to follow the parenting time order that is in place.  As such, our client has had to file numerous police reports in order to prove to the court that she is violating the parenting time order.  Thus, the threats that the petitioner mentioned were threats that our client would report the petitioner to the police, again.


Continue reading “PPO Petition Denied in Wayne County” »