What Happens at a Violation Hearing for a Protective Order
My question involves restraining orders in the State of: Michigan
My ex boyfriend has a PPO against me. The terms of it state that we can not have any contact (in any form) whatsoever.
A few weeks ago, I got a bit too emotional and emailed him.
In this email I explained that I had lost irreplaceable pictures of a memorial we shared for our miscarried child. I asked him if he still had any digital copies, and if he would be willing to send them to me.
{no need to tell me I'm stupid/this was stupid. I KNOW that}
Needless to say; my ex decided to call the cops. I was arrested and spent one night in a holding cell. I was released the next day, and now have an arraignment hearing set for Monday.
I know that I could be facing fines and even jail time. But what can I expect to occur at this hearing? Will I get a chance to explain to the judge what had happened? Or will I just enter a plea and have to see what happens?
I just need to know how bad this could turn out. I'm pretty scared. Any advice would help!
Re: Violation Hearing. What Can I Expect
You will either plead guilty and immediately either face sentence or be scheduled for sentencing, or, you will plead not guilty and face trial. At trial, the state will have the burden of proving the elements of the crime. If you emailed him, when the order said NO contact, the state has an excellent case against you. Explaining what happened isn't like relevant. The court doesn't care what your REASONS were for violating the order. The court expects that NO contact means NO contact, for ANY reason. If found guilty, the court can impose jail time, fines, or both, and can be expected to extend the order, if it's not already a permanent one.
Re: Violation Hearing. What Can I Expect
It would be wise to familiarize yourself with the consequences of multiple violations of an order of protection as well. We will actually bring felony charges for that. We will attach a GPS on you. We will place you on probation for the first offense, but any subsequent offense will violate you for that and jail time is a possibility.
Re: Violation Hearing. What Can I Expect
to aardvarc; i understand most of what you said. and i'm in no way going to attempt to 'fight' or draw out this process with a pointless trial. i just want it dealt with as quickly as possible. i was just wondering if i get to give a testimony or explanation before getting my sentence.
is it usual for a first offense (a non-violent one at that) to be punished with jail time? basically i just want to know what i could be looking at.
not like it matters; but i've never been in trouble with the law or anything until things with my ex.
what can i do to make sure MY thoughts/needs are considered in this too?
to viol8te; you're from illinois, correct? thank you for the explanation of what can happen. that really broke it down for me. but; can i expect the same type of system in michigan?
Re: Violation Hearing. What Can I Expect
I can't find any info for subsequent violations. The first is punishable for up to 93 days in jail and I believe $500 in fines. What court issued the order is also relevant. Civil court as opposed to criminal court.
Re: Violation Hearing. What Can I Expect
it was issued in civil court. but when i go for the hearing i have to appear in circuit court.
i'm not too sure what that means. but this is a first offense, non-violent, single contact. will that be taken into consideration?