|
1. Get a petition form and an "ex parte" order from the Oakland County Circuit Court Clerk, located on the ground floor of 1200 N. Telegraph Rd, in Pontiac, or from our website www.streetsmartlaw.com..An "ex parte" order means that you can get a PPO without having a hearing and without the person you are trying to restrain coming to court or being notified prior to the PPO issuing.
2. Fill out the forms. You will need information about the person being restrained, such as: name, date of brith, age, address, and physical description. For your PPO to be granted you must allege at least one incident if you are related to, live/lived with, or have/had a dating relationship with the person being restrained. For anyone else the court requires at least two incidents. You must allege that you felt threatened, harrassed or intimidated. Be sure to include the dates and places where the incidents occurred. You can attach police reports, e-mails, text messages, transcripts from phone messages, photos and anything else that you think might help prove your case.
3. File the petition and order with the PPO Clerk on the second floor of the court house.
4. Go in front of the judge. You will have to swear, under oath, that everything you wrote in your PPO petition is the truth.
5. Get the order signed by the judge. Be sure to wait and pick up the signed order from the judge.
6. Serve the petition on the person you want to leave you alone. You will usually be required to pay for a police officer to do this. An "ex parte" PPO is not enforceable until the person being restrained has notice of it.
7. Call the police or file a Motion to Show Cause if the Order is violated.
8. Be prepared to have a hearing. The person you are restraining can petition the court to have a hearing and make you prove that the PPO is necessary. Keep records of all contacts with the person and have your witnesses ready. You or the person you are getting the PPO against are entitled to have a lawyer at the hearing to set aside the PPO.
|
