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Can a void judgement be made legal? Personal Protection Order?

Davison, MI |

Okay, so I got a PPO against me. On the order itself, there are numbers under a subheader entitled "The Court Finds" (the reasons for the issuance of the PPO), but it is blank. I have a relative who had a PPO against him after his divorce from a few years ago, the forms are different now, but there still was a reason for the issuance of his PPO.

My question is, if the order is void, can the order be made legal? Can the judge say "oh, it appears that I made a mistake, let me correct that now and reissue a valid PPO"? Or is it once the Order is void, it cannot be made valid, or would it be up to the Petitioner to refile for a PPO? Basically, if it is void, under what circumstances can it be made valid, or can it be (has the validity been forever prohibited)?

Attorney Answers 4

Posted

If the order was ever valid and it was a procedural mistake someone must bring it to the attention of the court or they will not know to correct it, if the order was not allowed it cannot be unilaterally enforced without a proper hearing. take care.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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Posted

The court has the absolute right to modify its prior order by virtue of a clerical error. You obviously know there was a hearing at which a court granted a request for a PPO. As long as it is a "true" copy, or a copy bearing a case title, case number and possible carbonized copy of judge's signature, and you're the Respondent, you have notice that an order is in place (and you probably know why).

Consult a criminal law attorney to review the facts in greater detail for a more informed opinion.

Neil M. Colman
www.divlawyer@gmail.com
586.254.1100

Mr. Colman is licensed to practice law in Michigan. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Colman strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

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Posted

If there is a clerical error on the order, the Court certainly can correct the error. Such a correction will not void the order. If you believe a mistake has been made, you should contact the clerk's office or the judge's secretary for clarification and so that the error can be corrected.

This information and advice cannot be taken literally and should be used as only informational. The information provided here is not legal advice and should not be interpreted as such. This offer of free, general answers is not intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially.

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Posted

The court will say that you had notice that you were not supposed to contact the Petitioner. Trying to play games over a clerical error could get you thrown in jail. If you think that there is a mistake, contact the court. As a practical matter, you already know to stay away from the Petitioner. I often ask, why would anyone want to go near a person who wants you to get lost? Stay away and stay out of jail. If you have more specific questions, contact an attorney. I am available for a free consultation. (517)402-5229

If you are seeking legal advice, you should contact an attorney. Neither use of the information on this page nor an email to this office establishes an attorney-client relationship. Such relationship can only be established by an express agreement.

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