Legal Question in Criminal Law in Michigan

ppo violation

It might be possible to rescind the PPO. I recommend that you phone Attorney Steven Freeman at

1 8005766035. He's had a lot of success with PPO cases and aggravated stalking cases around the state.

www.AggressiveCriminalDefense.com

Re: ppo violation

A party to a PPO (and you are one since you are a respondent in the PPO file) can file a motion with the court to modify (change the terms of) or even terminate (dismiss) a PPO. Use SCAO Form CC 379, which can be downloaded at http://www.eatoncounty.org/prosecutor/ppo.htm

Fill it out (in particular, paragraph #2, which asks you to explain WHY the PPO should be terminated or changed), file it with the court, get a hearing date, and have the PPO Petitioner/Plaintiff served with all of that paperwork (but YOU should not serve the papers, since that might be viewed as violating a no-contact order). A "proof of service" form must be filed with the court cerk to prove that the Petitioner was legally served with the papers.

If this PPO has been in effect for 3 years, the Petitioner would have had the PPO extended a couple of times already, since they are usually issued on an annual basis. If so, did you ever attend the hearings on extending the PPO? Did you object? Why did the judge keep the PPO active? Have any of the reasons (why the PPO was continued) changed significantly or disappeared?

Even if the PPO is set aside, that in and of itself will not cause the Stalking charge to be dimissed because that crime looks at the status on the offense date ... and the PPO was still in effect on that date. BUT it might influence the prosecutor to work out a deal because the need for the PPO continuing may no longer exist (if it was dismissed).

You should consult with an attorney who handles PPOs and Stalking cases.

One final point: until the PPO expires or is changed/dismissed by the court, all of the PPO terms are active and must be complied with. If you do not, you can face criminal contempt of court (with possible jail time), or even more serious criminal charges (like Aggravated Stalking). Even if you think that the order should never have been issued, respect the order, the judge and his/her authority. Judges do not like people ignoring their orders. Even if the PPO Petitioner initiates contact with you, do NOT interpret that as a "green light" to live life as if the PPO does not exist. THE PPO is an order against YOU and YOUR conduct, not the Peitioner. You are the one in the hot seat ... until the order expires or is dismissed.