My cousin filed a PPO against me. The day I was served, I went to the courthouse to fight it. There were several inaccuracies and many missing details in her reasons listed for the PPO, much of which would have pointed blame in her direction. I have physical evidence as well as pictures of several different things she did to me that she conveniently left out of her report. We are going to court. Do I have enough proof to get the PPO dropped? Will it be dropped if she doesn't show up to court? Should I get a lawyer?
I am hired regularly to handle PPO cases and I see countless people representing themselves in court. It is very common that someone will go to court and "feel" that they have powerful evidence that will result in a PPO getting dismissed. What many people do not realize is that there are detailed, complex rules regarding the admission of evidence in cases. Frequently, someone will have a piece of valuable evidence but it turns out to be worthless because he or she does not know how to admit the evidence into the court record.
Additionally, there are almost always two sides to every story and there is often evidence on both sides. The judge cannot go back in time and see the incident for himself so he can just listen to the testimony from the witnesses and make the best guess he can regarding who has proven the case. Evidence that may seem to you to be very powerful may only have minor evidentiary value in light of other testimony or evidence. Also, some evidence which may have high evidentiary value may only be helpful in court if put in proper context. What you may think will be helpful may only be based upon your knowledge and life experiences with the complainant. If the judge is not made to understand why the evidence is helpful, its value will be lost.
Given that PPO dockets are frequently congested and parties are only given a short period of time to develop their cases, it is critical that an experienced lawyer be involved who knows how to be highly efficient in the hearing. Avvo is an excellent place to find a 10.0 Rated Michigan Criminal Defense Attorney to help you. A criminal defense lawyer typically has the most experience in court and is in the best position to handle a hearing on a PPO.
Mr. Loren Dickstein, Esq.
10.0 Rated Michigan Criminal Defense Attorney
LEWIS & DICKSTEIN, P.L.L.C.
2000 Town Center, Ste. 2350
Southfield, MI 48075
(248) 263-6800 - Fax: (248) 357-1371
National Super Lawyer
Avvo Rated: 10.0 Superb
Martindale Rated: Preeminent - AV
Yes, you should hire an attorney to represent you. The attorney will know how to proceed and what/who will be necessary to testify in your defense. Do you have enough proof? Who knows, since you didn't divulge what your evidence/defense is. If she doesn't show up the court might decide to reschedule. That's why you need an attorney.
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.
Criminal Defense Attorney
Assuming you have requested a hearing within the required time frame, you should be represented by an attorney to assure the best chance of getting it dropped or modified.
We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I accept a retainer, and we explictly agree to enter into representation.