Legal Question in Criminal Law in Michigan
Ppo
Can the petitioner be arrested or be in violation of a PPO?
1 Answer from Attorneys
Re: Ppo
No.
A PPO is a court order that commands the Respondent (Defendant) to not do certain things. If the Respondent disobeys the order, he/she could be held in criminal contempt of court, and faces up to 93 days in jail &/or $500 fine.
The PPO does not command the Petitioner (Plaintiff) to do, or not do, anything ... so there is nothing for the Petitioner to violate that could lead to a charge or arrest.
If the Petitioner acts in a manner that is inconsistent with a need for an order of protection (eg, the Petitioner calls the Respondent, invites the Respondent over to his/her home, etc.), the Respondent should file a Motion to Terminate PPO (SCAO form CC 379 ... you can get a PDF version of this form at www.co.eaton.mi.us/ecpa/ppo.htm). After a hearing, the judge will decide whether the PPO should be dismissed or changed/modified.
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