Judge Rudy Reports : Dropping A PPO
By: Rudy Serra
Q: HOW DO I DROP A PERSONAL PROTECTION THAT I FILED?
Answer: In answering your question, I assume you mean a Personal Protection Order, or PPO.
A PPO is an order from the court telling another person to stop certain behavior or they will be arrested and prosecuted. A petition for a PPO is a civil action between two private individuals. The proceedings are always in circuit court. Violating the court’s civil order can still lead to jail time for contempt of court. Once an order is issued, violating the civil court order can result in criminal prosecution. If you have a PPO to stop stalking and there is a violation, the person who violated the order can be charged with the crime of aggravated stalking.
A PPO will not be granted unless the person seeking it is illegally threatened. You cannot get a PPO to impede legitimate business. A court will not grant a PPO against your landlord that prevents him for collecting rent or evicting. A PPO can be granted in cases of domestic violence, or in cases involving stalking behavior, such as harassing calls and threats. A list of conduct that can be forbidden (such as sending mail, or showing-up at your work place) is included on the petition you file asking for the PPO.
The answer as to how to “drop” the order depends a lot on what you mean by “filed” and what stage you’re at. If by “filed” you mean that you have completed a circuit court petition for a PPO that has not yet been heard or granted, you should go back to the court and notify the clerk that you want to withdraw your petition. If by “filed” you mean that a PPO has been granted (either with or without hearing) then you should file a written request to terminate the PPO. You can do this by going to the same court that granted the order. There is a form available on-line for a motion to terminate or modify a PPO. If your PPO was granted after a hearing, then you will certainly be required to file a formal written request to terminate it. The judge may set a date to require you to come to court to testify on the record about why you no longer feel you need a PPO. PPOs are routinely granted without attorneys being involved. Nonetheless, it is often helpful to have counsel. If a PPO is issued against you, there is limited time to fight it, and having legal counsel is even more important.
JUDGE RUDY REPORTS is a regular feature in Ferndale Friends. This ¨ask the lawyer¨ format column welcomes questions from readers. If you have a legal question or concern, send your question by email to rudy.serra@sbcglobal.net. Advice about specific cases cannot be provided but general legal questions and topics are welcome.
