Legal Question in Criminal Law in Michigan

false statements on a court document foe personal gain

I a person falsifies statements on a protection order application, and it can be proven, is the order void?


Asked on 1/25/04, 1:48 pm

1 Answer from Attorneys

Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: false statements on a court document foe personal gain

It depends on how important the "false" statements are regarding why the judge issued the PPO. If the "false" statement was about a critical fact, then the court could modify the order or even set it aside. If the "false" fact was not very important, then it would probably not affect the order.

The person against whom the PPO was written can file a written reques to challenge the PPO, and have it modified or even dismissed. At this hearing, the defendant can put evidence before the judge about all the facts, and maybe even prove that facts that caused the order to be issued are not true.

I recommend that you consult with an attorney who handles PPO matters so that the proper papers are filed, and relevant facts are presented to the judge.

To learn more about Michigan PPOs, go to www.prosecutingattorney.info and click on the button for "Personal Protection Orders".

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Answered on 1/25/04, 2:30 pm


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