PPO extension (realistic?)

This is a discussion on PPO extension (realistic?) within the Other Family Law Matters forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; My inquiry is two fold. I'm looking for a firm I feel confident in to represent me in the near ...

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Old Mar 19th, 2008, 11:27 AM   #1
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Default PPO extension (realistic?)

My inquiry is two fold. I'm looking for a firm I feel confident in to represent me in the near future if need be. I want to have a firm ready to retain if my ex spouse decides to attempt to extend the ppo (to fight the extension) that she was granted last may. It will expire soon as it was granted on May 10th 2007. If you could answer a few questions in the meantime it would be helpful. I understand she could ask the judge for a six month extension, is this correct? When it expires does it go off my record or is it something that will always show? I ask this because I have been unable to get a job and am sure the ppo is effecting this situation. Most job applications these days include a consent to check background record form. With a plethora of applicants, I can't blame employers from passing on a guy with a ppo out against him. One problem is that I was found in violation of the ppo once last summer when I was wrongly accused but was scared and had terrible council. My ex called 911 to state that she was afraid when I had pulled up alongside her vehicle to say bye to my children after a child exchange. She claimed on her report that I pulled in front of her vehicle and blocked her. On the day of the hearing I brought a couple of my older children that were present to testify that no such thing happened. The judge stopped the hearing and postponed it for the following day and then gave my children to their mother even though it was my week of parenting time with them. Needless to say I couldn't bring the witnesses in with me the next day. It was explained to me by my council that I was in violation of the ppo every time I exchanged children. The ppo forbade me from being in her sight but made no provisions for child exchanges where I would be in her sight. He told me that if the judge wanted to push it he would convict me for that alone. The prosecuting attorney and my ex told the judge that if I accepted a guilty plea then they would accept a fine in lieu of pushing for jail time. I was advised to take this rather than fight it. Looking back it was a mistake because I really had done nothing wrong. Score one for the woman who got a ppo for the wrong reasons and used it as a sword rather than a shield. The following September I went to my daughters daycare where my ex enrolled her, without my consent, even though we share both physical and legal custody. I saw my ex with the director down the hall together. I called to the director that I needed to see her, I wanted to meet the people, see the class, etc for my daughters daycare. She told me she would see me later. My ex drug me in to court for a second time on a ppo violation. This time she told the judge that I came within 4 feet of her, wouldn't leave, and how scared she was. She then called up the director of the day care as a witness. Unfortunately for her the director would not go along with her lies and told the judge that I was never closer than an entire hallways length away (40-50 feet) and that I immediately left when I saw she was with my ex. It was easy for the judge to see through my ex's tactic here and dropped the charge and found me not guilty. Needless to say, I'm dealing with a very aggressive and nasty ex spouse. We have been forced to do all our child exchanges at the state police post for the duration of this silly ppo. On what day will this nonsense end if the ppo does not get extended? May 10th? May 9th (at midnight)?, May 11th? How will I even know if she has asked the judge for a six month extension of the ppo? How will (or how soon) I know if it is granted? With her vindictive track record, I'm quite sure she will push for an un-needed extension. Will the guilty plea from last summer have a lot of weight on the judges decision to grant an extension? Sorry this email got so long but you had to know a little about the person I'm battling against. I have only scratched the surface on the lies she has presented to the court, friend of the court, sheriff's department, etc. She is really god at getting what she wants by any means including what I would consider purgery and has gotten away with it for the most part so far. It seems the system caves in to a woman who lies that she is scared, asks for no proof, and automatically wants to make the man a bad guy. I hope you can answer some of my questions presented here.
This is in Livingston County, Michigan.
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Old Mar 20th, 2008, 08:51 PM   #2
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Default Re: PPO extension (realistic?)

If you want to hire counsel you to address this you may want to contact counsel directly or world law directly...

the forum is more for others to comment and offer solutions, etc
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Old Mar 21st, 2008, 05:16 PM   #3
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Default Re: PPO extension (realistic?)

That is a copy of an email I sent to several law firms for answers.

I thought there must be a lot of people who have had ppos against them and thought I could find a few answers. I have found out by the way that most women taking out ppos against spouses and ex-spouses do not need them (as in this case) and like to use them aggressivly in bad ways. Most women who really need a ppo are afraid to get one. It can have a negative effect on a really aggressive person.
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Old Mar 21st, 2008, 06:02 PM   #4
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Default Re: PPO extension (realistic?)

Even a casual search of the internet will reveal much about the misuse of temporary restraining orders (TRO)-- Judges tend to “err on the side of caution” when a claim of domestic violence is made and tend to issue more temporary protection orders than they reject (TPO). Given there are no consequences for making false reports then it should come as no surprise that filing for an order of protection for domestic violence or OPDV (as it is known in Nevada) is a common tactic for female litigants. Maybe she also gains some sort of sick satisfaction knowing that a deputy has served him the notice of a hearing for a protection order at his place of employment.
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Old Mar 21st, 2008, 06:05 PM   #5
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Default Re: PPO extension (realistic?)

Don't mess around!! get counsel! It can be serious:


A Personal Protection Order (PPO) is an order signed by a Circuit Court Judge that forbids or requires a person to do something.

The person obtaining the PPO is the 'Petitioner' and the person against whom the PPO is filed is the 'Respondent'.

A PPO may order the Respondent not to:

- Enter your property

- Assault, attack, beat or wound you

- Threaten to kill or physically harm you

- Remove children from you IF you have court-ordered custody

Interfere at your place of employment

- Interfere with your efforts to removeyour children or personal property

- Contact you by telephone

Send you mail (including electronic mail)

- Purchase or possess a firearm

To be eligible to obtain a PPO, you must establish that there is reasonable cause to believe that the Respondent will commit one or more of the above behaviors.

Penalties for violating a PPO:

- Maximum 93 days in jail and/or

- Maximum $500 fine
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Old Mar 22nd, 2008, 06:19 PM   #6
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Default Re: PPO extension (realistic?)

(someone said)... Given there are no consequences for making false reports then it should come as no surprise that filing for an order of protection for domestic violence or OPDV (as it is known in Nevada) is a common tactic for female litigants.

Not only that but they get FREE representation from the public Proseciting Attorney. I had to pay $5,000 for legal council to defend me from these false charges. Then the judge doesn't do anything when someone gets caught bald face lying on the stand (under oath) and didn't even say sham on you to her. Not a word spoken about her obvious false charges or purjury. Why bother asking them to raise their right hand and swear to tell the truth when there are no consequences for lying and bringing false charges?


(someone else said).. Don't mess around!! get counsel! It can be serious

I know all the facts and dos/don'ts about what I can and can't do for the duration of the ppo. She even has tried to tempt me into violations. I walk very carefully, believe me.

I can't seem to find anyone who knows about how and when they end. How and when she can file for an extension? Chances it will be granted? Will it remain on my record or will it dissappear? etc.
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Old Mar 24th, 2008, 07:52 PM   #7
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Default Re: PPO extension (realistic?)

If you can show it was purposely false and baseless, the person can be charged with a crime, or fined.
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Old Mar 26th, 2008, 04:34 PM   #8
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Default Re: PPO extension (realistic?)

Quote:
Originally Posted by olive View Post
If you can show it was purposely false and baseless, the person can be charged with a crime, or fined.

Yes I could but that would have me sinking almost to her level. I really do not want to get my childrens mom in trouble. That would not be good for my kids. I'm trying to take the highroad here and live with the evils she deals out. I just want to be a good dad and live in peace. Believe me, the ppo was never warranted. The only hitting that ever occured in our 12 year marriage was her hitting me and I never struck back. She got the ppo for adverse reasons and it has been proven more than once already. Punnishing her or getting her fined would take money away from my children. I also would not want my children to see me acting like their mom. Kids are extreemly observant. They know who has done right and who has done wrong over the last few years in our family.

I just have obtained such large amounts of incredibly sad knowledge of how Un-Just our system really is. It is pathetic that a judge does not even say anything to this purjuror and lets it go. I mean really..Why even bother with making the liar even swear to tell the truth, see that she is lying then not even say anything to her?
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