Legal Question in Criminal Law in Michigan
My wife lied to get a ppo on me and then moved out. I moved 450 miles away from her when I found out she had a ppo. She came to our house every day until I moved, after the ppo was served. I moved away she called and we talked sometimes. She decided that she wanted me back and I went to visit her three times. the last time she called the cops filed a false police report saying i forced my way into the house. anyhow no charges came from it but i did get a ppo violation hearing. My question is when a ppo was false in the first place and the pettitioner contacted the respondent right from the start wouldn't that void the ppo? Is there any case law to support my theory?
3 Answers from Attorneys
The PPO is not false unless you challenged it and the judge set it aside. Her contacting you is fine but your continued contact is not. The PPO is not voided by her actions. Your actions have violated the PPO assuming it was the blanket variety. Do not go into the violation hearing alone or you may be facing some serious contempt violations.
You can file a form to ask the judge to set aside / dissolve the PPO because of the plaintiff's actions -- which (according to you) indicate that the original allegations were trumped up, and because the plaintiff has not always acted like she needs protection from you. The form to file is a standard state form (SCAO form CC 379); you can Google it and download it from the state web site, or even from the PPO web pages at www.prosecutingattorney.info . The form needs to be filled out; attach additional factual materials to support your argument that the PPO should be dissolved or modified, file it with the court and get a hearing date, and then hire a process server to serve the plaintiff (do not do this yourself!). You can do this on your own, but I agree with the other attorney that you should have representation in the hearing to make the best factual presentation and argument. If she has been initiating calls to you, get copies of your detailed phone records to prove that she called you. If she sent you any correspondences (emails, texts, Facebook messages, letters, cards, etc.), preserve them for the hearing (print them off, take photos of them and print the pictures of them, etc.). If other people are witnesses to the events and can back your story up, have them subpoenaed to court to testify. Again, get a lawyer to help you marshal your evidence and present it. You *can* do it, but if this issue is important to you, have a pro help you!