My friend has had a ppo granted against him by his wife. He has not been served & currently resides in the marital home. The accusations used to obtain the ppo are false and he belives that it is being used to aid in a future divorce case. My question is should he continue to reside in the marital home even though he has not been served with the ppo
PPO are effective at the time of awareness. He does not have to be served with it for it to be active. If he knows that he is not suppose to be there because of the PPO he needs to leave or he will be jailed. If the PPO was based on lies he needs to file a Motion to terminate it but in the mean time he must obey it.
Without details it is impossible to answer. He should contact an attorney immediately and seek to have the PPO set aside and if necessary commands a divorce proceeding. He is probably being set up.
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I agree with what the information the other attorney have provided; however, I wanted to add that in many counties to fight a PPO you have to file the Motion to Modify or Rescind within 14 days of being served or receiving notice of the actual PPO Order. Make sure you pay careful attention to this deadline to ensure your paperwork is timely filed. Failure to do this could cause the PPO to remain in full force, even if you can prove the allegations as false.
Kelly G Lambert III
Animal Law Attorney
The attorneys above have pointed out many of the possible problems. In a situation like this, it is imperative that he IMMEDIATELY seek advice of an attorney or he could end up violating the PPO.
State, Local, and Municipal Law Attorney
When I first read the question, I assumed she's living at the home as well. But when I reread the question, I noticed it didn't say. If she isn't, I wouldn't move out by any means. But he needs to talk to an attorney immediately. If she is, he needs to talk to an attorney immediately. Either way, he needs to talk to an attorney immediately. Did I mention HE NEEDS TO TALK TO AN ATTORNEY IMMEDIATELY!!!
It appears he has knowledge, regardless you haven't disclosed the nature of your friendship.
The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.