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Can a DV A&B case that was dismissed with prejudice be used against me for a PPO & child custody case 1 year later?

Rochester, MI |

Last year I was faced with defending myself against a DV A&B case against my girlfriend (ex now). The case was dismissed with prejudice. We now have an 8 mo old daughter and recently, in an effort to both effect an eviction from her home & prevent me from seeing my daughter, she filed for and received an ex parte PPO. Evidence used to grant the PPO was from the dismissed case and she claimed fear of safety. The PPO filing was AFTER she served me with eviction papers the week before and on the day that she received the summons for my suit against her for custody to establish parental rights. It's obvious that this is a retaliatory action on her part. Can any info from the dismissed case be used against me in any way? I can also prove that her statements against me are not factual.

Also, in her verified statement to obtain the PPO, she twisted and left out facts to distort events in her favor. We are currently fighting this because until we can get the PPO terminated, I cannot see my daughter. Second, how is it that she was even able to use the dismissed WITH prejudice case in the first place? She had to have supplied the court with her own personal file of the case but I would have thought that the judge would have at least looked it up to see that the case was dismissed and would have disallowed any mention of it for her PPO request.

Attorney Answers 1


You can use any information you want to use when you file for a PPO. It does not matter that your ex-girlfriend used events from a criminal case that was dismissed with prejudice. Obviously the judge believed there was enough factual support to grant the PPO. Get an attorney to defend you.

We do not have an attorney-client relationship. This answer was purely for informational purposes and it was not intended to create an attorney-client relationship. If you would like to speak with our office to discuss representation options please do so! Zac Bonham, Joseph, Kroll, & Yagalla, P.C. 4121 Okemos Rd. Ste. 10 Okemos, Michigan 48864 (517) 381-2663

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Would Res Judicata apply in this case? Since the original case was already ruled upon with the dismissal , how can any details from it be used to pursue further action (application of PPO) by the same party a year later?

Zacharia Spencer Bonham

Zacharia Spencer Bonham


You are comparing apples and oranges. Anyone can use any information they want in filing a PPO against anyone else. I am not sure where you are getting your legal advice, but you should get an attorney to represent your interests. Good luck.

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