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Question about domestic ex parte ppo

New Baltimore, MI |
Filed under: Domestic violence

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

Attorney Answers 6

Posted

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.

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Posted

Thank you

Posted

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.

To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .

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Posted

The ppo was granted on 10/31/13 the allegations of the PPO are false. I worry that him continuing to stay at the home is not in his best interest sence there is an active PPO against him in regards to his wife

John F. Brennan

John F. Brennan

Posted

He is taking a risk, her word against his.

Posted

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
www.kellylambertlaw.com
616-732-8888

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Posted

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.

Michelle L Radloff 248-767-0239. The advice provided here is provided under the limitations of Avvo's terms of use and does not establish an attorney/client relationship.

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Posted

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!!!

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Posted

She is living in the home along with there 3 minor children whom suposably are attatched to the PPO. Sence this post she has filed a motion to terminate the PPO. Although the hearing isn't untill Dec.5 .

Posted

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.

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Posted

Graduated from the same high school graduating class been friends for 15 yrs glad ur interested in the nature of our friendship although I don't see how it is relevant

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