A Personal Protection Order is an Order issued by a Circuit Court or the Family Division of a Circuit Court that limits the activity and interaction between the person who requests the Order (Petitioner) and the person upon which the Order is served (Respondent). A person may request a PPO to restrain a current or former spouse, an individual with whom he or she has a child with, an individual with whom he or she has had a dating relationship, an individual that he or she is living with or has lived with, or anyone else that is stalking or posing some type of threat to him or her.
Personal Protection Orders can prevent a person from:
- Entering on the premises of the person who obtained the Order;
- Assaulting a person named in the Order;
- Threatening to kill or injure a person named in the Order;
- Removing children from the person who has legal custody unless there is a Court Order to do so;
- Purchasing or possessing a firearm;
- Refusing to allow the person who obtained the Order onto your property when their purpose is to recover possessions and/or children;
- Interfering with the person who obtained the Order at their work place or engaging in conduct that might affect the protected individual’s employment; or
- Obtaining access to records which may indicate the address or location of the protected individual or minor children involved.
In order to obtain a PPO, you must present a compelling case to the judge. You only have one opportunity so involving an attorney is critical.
If you have been served with a PPO, you generally have 14 days to file a Motion to terminate or modify the Order and to request a hearing. If you fail to do so within that 14 days, the Order goes into effect without objection. If you file a Motion within the 14 days, the Court will hold a hearing to determine whether or not there is just cause to enact and enforce the Order. You are entitled to an attorney at any and all PPO hearings. Contact Brandt & Dehncke, PLLC, to assist you in fighting the PPO.