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False PPO - Michigan

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What is the name of your state (only U.S. law)? Michigan

I'll make this as brief as possible as I'm sure no one wants to know my whole life's history. First, I was served with divorce papers in 2014, divorce was finalized in 2015. In between hearing dates, my wife hired an attorney, totally within her rights. Immediately after being hired the attorney filed a request on my ex-wife's behalf for a PPO. I contested the PPO only for the judge to say, "She doesn't care about my ex not being afraid or there never being a physical threat or any instance of abuse." I had wrongly assumed that justice would prevail. I should have hired an attorney I believe. Now, almost 5 months after the PPO was issued, I was just served with a show cause motion for violating the PPO. I did not violate it in any way. My ex is stating I emailed her, I did not. I did however receive junk/spam email from her a week or so ago. However, I did not reply. I did save the email. She is also stating I've contacted mutual friends in an effort to gain information about her. Again, not true.

My question is, what is my best course of action here? Should I hire an attorney, or is this something that will be pretty straightforward?

I appreciate everyone's time. Thank you.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Michigan

I'll make this as brief as possible as I'm sure no one wants to know my whole life's history. First, I was served with divorce papers in 2014, divorce was finalized in 2015. In between hearing dates, my wife hired an attorney, totally within her rights. Immediately after being hired the attorney filed a request on my ex-wife's behalf for a PPO. I contested the PPO only for the judge to say, "She doesn't care about my ex not being afraid or there never being a physical threat or any instance of abuse." I had wrongly assumed that justice would prevail. I should have hired an attorney I believe. Now, almost 5 months after the PPO was issued, I was just served with a show cause motion for violating the PPO. I did not violate it in any way. My ex is stating I emailed her, I did not. I did however receive junk/spam email from her a week or so ago. However, I did not reply. I did save the email. She is also stating I've contacted mutual friends in an effort to gain information about her. Again, not true.

My question is, what is my best course of action here? Should I hire an attorney, or is this something that will be pretty straightforward?

I appreciate everyone's time. Thank you.
Are there children?
 

LdiJ

Senior Member
I apologize for neglecting that detail. No there are no children. That was one of the reasons I was partially accepting of the PPO. It was a small inconvenience.

Thank you.
I would get an attorney. You do not want the risk of justice not prevailing again.

You also need to delete her from your contacts list in your email.
 

single317dad

Senior Member
Situations like this one are why I tell people that protective orders are not "a minor inconvenience", but an ax hanging over one's head.

Ensure that "read receipts" and "delivery receipts" are turned off in your email. While an automatically generated email receipt will not rise to the level of violation of the order, it is some communication that would be sent back to the email sender.

Ensure that if you receive "group" emails that include her address among many others, you do not reply to them. Some email providers require that you use "reply all" to reply to all associated addresses; others reply to all participants by default, as is the style developed by Apple in their text messaging.

Change your email address, and any other contact information she has for you. Ensure that friends and family do not include both of you simultaneously in any conversations. Relate to those who you choose to trust with your new contact information that sharing this info in any way is cause for excommunication.

Violation of a protective order is a crime. Allegations against you will have to be proven. A criminal defense attorney will be invaluable in this regard. Said attorney should also encourage the court to voice its displeasure regarding the fabricated basis for the hearing.

The other way this could have gone is for your ex to call the police instead of her lawyer. If the police had a reasonable belief that the PPO was violated, they would have arrested you.
 
Last edited:

not2cleverRed

Obvious Observer
Also, block her on any and everything. Email, phone, social media...

Clearly she hasn't deleted *you* from her contact list - sounds like her account was hacked, judging from the spam.
 
I thought I did actually block her. Problem is she had too many separate email addresses. Thank you for the advice.

I am starting to see how much of a pain a PPO is actually. I was mildly inconvenienced when I was prohibited from carrying a firearm. Previously, I carried every day. I'm wondering how I can stop her from continuing to harass me with the courts? When she obtained the ppo, she lied about the contents of a police report. The judge just blew it off. Almost every time we've had court she's accused me of violating the PPO. One time she said I was following her in my vehicle, at the time, I had no motor in that vehicle. I know need to protect myself, I'm wondering what the best way is.

Thank you.
 

LdiJ

Senior Member
I thought I did actually block her. Problem is she had too many separate email addresses. Thank you for the advice.

I am starting to see how much of a pain a PPO is actually. I was mildly inconvenienced when I was prohibited from carrying a firearm. Previously, I carried every day. I'm wondering how I can stop her from continuing to harass me with the courts? When she obtained the ppo, she lied about the contents of a police report. The judge just blew it off. Almost every time we've had court she's accused me of violating the PPO. One time she said I was following her in my vehicle, at the time, I had no motor in that vehicle. I know need to protect myself, I'm wondering what the best way is.

Thank you.
Sometimes, moving away is the only totally safe option.
 
Sometimes, moving away is the only totally safe option.
Ive actually contemplated that. Its hard knowing she is causing me to take actions I wouldn't otherwise take, exacting a bit of control. Family and friends are all here.

Anyone have any experience with getting a PPO lifted, or removed? Is that even possible?

I thank everyone for their time.
 
I had a show cause hearing today. I was represented by my attorney. However, I may have a misunderstanding about what a show cause hearing is. I thought that the judge was going to determine if there was enough evidence for a trial. This was not the case. She skipped right to arraigning me and placing a $1000 bond on me. I was shocked. The judge was insistent on not hearing evidence and even told my attorney that she will base her decision on testimony rather than evidence.

Is that typical of a show cause for allegedly violating a ppo?

Thanks.
 

single317dad

Senior Member
I had a show cause hearing today. I was represented by my attorney. However, I may have a misunderstanding about what a show cause hearing is. I thought that the judge was going to determine if there was enough evidence for a trial. This was not the case. She skipped right to arraigning me and placing a $1000 bond on me. I was shocked. The judge was insistent on not hearing evidence and even told my attorney that she will base her decision on testimony rather than evidence.

Is that typical of a show cause for allegedly violating a ppo?

Thanks.
Seems very much in line with this resource from the Michigan State Bar Association:

http://michiganlegalhelp.org/self-help-tools/protection-from-abuse/what-happens-if-you-violate-personal-protection-order

http://michiganlegalhelp.org/self-help-tools/protection-from-abuse/what-happens-if-you-violate-personal-protection-order

Except for this part:

The judge [...] told my attorney that she will base her decision on testimony rather than evidence.
Did she actually say those exact words?

As I said before, violation of a protective order is a crime. The standard procedure for criminal justice is in effect.
 
Seems very much in line with this resource from the Michigan State Bar Association:

http://michiganlegalhelp.org/self-help-tools/protection-from-abuse/what-happens-if-you-violate-personal-protection-order

http://michiganlegalhelp.org/self-help-tools/protection-from-abuse/what-happens-if-you-violate-personal-protection-order

Except for this part:



Did she actually say those exact words?

As I said before, violation of a protective order is a crime. The standard procedure for criminal justice is in effect.

Her exact words were, "I'll be basing my decision primarily on testimony rather than evidence."
 

Zigner

Senior Member, Non-Attorney
Her exact words were, "I'll be basing my decision primarily on testimony rather than evidence."
I think she simplified what she was saying so that a layman would understand. To be completely accurate, though, testimony IS evidence.
 

quincy

Senior Member
Just give up in mi males are regulerly abused by the state and you can have her on recording admitting she was lien and its alk a false report just to make troibke for you snd in the state of mi because of corruption nothing will be done.. I know i ha e my ex on recording bragging about filing false reports. Ot just against me but against others on other occasions and nothing will be done. If your a male in mi they care about 2 things locking you up. ... And taking your money... If you have any chance its to move to another state and file charges there with any proof you have. Mi does not care about men or children period.
This thread is from 2015.

Please start your own thread if you have a legal question. Thanks.
 

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