I filed and was granted a PPO against my husband because of a domestic violence incident about a month ago. He has asked the court to terminate it and a hearing is scheduled. I now wish to also have the PPO terminated. Can I simply just agree for it to be terminated or is there more to it. Since I am don't want to fit his request do I need a lawyer to help represent me at the hearing and assist with getting it terminated?
You can just file the form to terminate it now, long before court. Don't waste everyone's time at a hearing if you want to cancel it. It should be as simple as it was to file in the first place.
If you do not appear (assuming he can establish appropriate service on you regarding his request and a hearing date) the court should automatically dismiss the PPO, as there would be no opposition. Just remember that if a PPO is needed in the future against your husband, the court could question whether to issue the same based on its issuance of this PPO and your willingness to allow it to be dismissed.
Neil M. Colman
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.
As others have stated, the answer is yes. Technically speaking, the court should independently find that the PPO should be terminated. However, it is a formality.
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