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- How to file a PPO
- Types of PPOs
- Filing a Case
- Notification of LEIN
How to file a PPO
- To file a PPO you can call the Circuit Court Clerk's Office at 269-969-6518 and ask for instructions, OR you can come into the Circuit Court Clerk's Offce in the Justice Complex in Battle Creek. You will need to complete the PPO packet to start the process.
- You will need to provide a detailed affidavit including dates, times and locations of the incidents, details of any injuries and description of events. The Circuit Court Clerk's Office has the forms you will need to fill out. You should bring any proof you have available to substantiate your claim, such as copies of police reports, screen shots of text messages, photographs, hospital records, etc. NOTE: You must bring printed screen shots of text messages as you are not allowed to bring your cell phone into the building.
- Once you have completed the PPO packet, let the Circuit Court Clerk know you are ready for an appointment with the PPO Coordinator. Petitions will be taken on a first come, first serve basis, on the day you appear. Should you choose to schedule an appointment with the PPO Coordinator, it is important that you arrive on time for your scheduled appointment with your paperwork completed. Otherwise, the appointment will need to be rescheduled.
- Your PPO petition will then be filed with the 37th Circuit Court Clerk's office. There are two ways to file a petition. An ex parte petition is when the petition is sent up to the judge for review without a hearing. You may also choose to have a hearing on the petition. If you choose to do an ex parte petition, the Clerk will assign your case to a judge and your petition will be forwarded to that judge for review. Your judge will either grant your petition, deny your petition, or deny your petition reserving the right for you to ask for a hearing.
- If you choose to have a hearing on your petition, the Clerk will assign your case to a judge and your petition will be set up in a file, assigned a case number and a court date, and you will be given copies of the petition to have served on the respondent.
- If you have chosen to have an ex parte petition sent directly to the assigned judge, call the Circuit Court Clerk's office at the time you have been advised to and find out if your ex parte petition has been granted or denied.
- If your PPO is granted, you will need to return to the Circuit Court Clerk's office to pick up your PPO and arrange for service.
- Once your PPO has been served, file the Proof of Service with the 37th Circuit Court Clerkï¿½?s office.
- If your PPO is denied ex parte a Circuit Court Clerk can assist you in setting a hearing in front of the judge.
- Domestic Relationship: A petitioner in a domestic relationship with the named individual - a spouse, a former spouse, an individual with whom he/she has had a child in common, an individual with whom he/she has or has had a dating relationship, or an individual residing or having resided in the same household as the petitioner.
- Non-Domestic (Stalking) Relationship: A petitioner that is not in a domestic relationship with the named individual.
No fee is required to file a petition for a PPO, although the petitioner is responsible for the cost of serving papers.
If the petitioner is 17 years of age or younger, a parent or guardian may file the PPO on behalf of the petitioner.
For protection purposes, the petitioner may request that his/her address and telephone number be kept confidential.
Upon entry of a PPO or an order for modification, dismissal or termination of a PPO, the PPO Coordinator will notify the appropriate law enforcement agency of entry of the PPO or changes to the PPO that need entry into LEIN.
Violation of a PPO subjects a respondent to immediate arrest and to the civil and criminal contempt powers of the court, which may include up to 93 days incarceration and/or a fine up to $500.00. There are three ways in which a respondent may be brought before the court for violating a PPO:
- A law enforcement officer may make a warrantless arrest when probable cause is shown that the PPO has been violated; or
- The petitioner may file a Motion and Order to Show Cause for Violating PPO and a show cause hearing will be scheduled. The petitioner may accomplish this by calling 269-969-6518 and scheduling an appointment with the PPO Coordinator.
- The responding police officer can file a copy of the PPO Violation and police report with the Prosecutor's Office and the Prosecuting Attorney can file a Motion and Order to Show Cause for Violating PPO. A show cause hearing will be scheduled.
To modify, extend or terminate a PPO, a hearing will have to be held in front of the assigned judge. The appropriate paperwork for this type of motion may be obtained from the 37th Judicial Circuit Court Clerkï¿½?s office.
REMEMBER THAT CELL PHONES ARE NOT ALLOWED INTO THE JUSTICE CENTER.