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

Asked over 1 year ago - 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)

  1. Howard M Lewis

    Pro

    Contributor Level 20

    2

    Lawyers agree

    10

    Answered . 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... more
  2. Neil M. Colman

    Pro

    Contributor Level 16

    2

    Lawyers agree

    Answered . 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... more
  3. Nancy Katherine Chinonis

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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... more
  4. John William Toivonen

    Contributor Level 9

    1

    Lawyer agrees

    Answered . 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... more

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