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  1. #1
    Join Date
    Nov 2009
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    4

    Default Ex is Violating Her PPO Against Me

    My question involves restraining orders in the State of: Michigan

    My ex made up a bunch of lies about me to get a ppo against me. Well it worked and she did it to try to get me in trouble.We are allowed to communicate due to our children but there's to be no harassing behaviors. Since then she sends me text messages cursing,calling me names, and being very rude in hopes that I'll text nasty stuff back which I don't.

    If I file a motion to have the ppo terminated and attach the printed out texts, what are my chances of the judge terminating the ppo?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
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    16,307

    Default Re: Ex is Violating Her PPO Against Me

    Court does not work on "chances", it works on facts and evidence.

    The first thing you need to do is take your facts and evidence to an attorney in your area -first consultation is usually free. Determine first if the text messages will hold up in court - sometimes they do, sometimes they don't - then proceed from there.

    If the judge doesn't find your evidence compelling enough, the order will stand. We can't read her text messages, so we can't tell you if they would be considered abusive or merely childishly irritating.

  3. #3
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    Nov 2009
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    Default Re: Ex is Violating Her PPO Against Me

    The ppo states that there is to be no harassing which includes texts, email, or verbal profanity, vulgar, cursing. The texts are pretty rude and graphic but to be polite I'm not going to post them. I have the proof because I printed the texts out for the judge to read but as well have them saved on my phone for proof which shows who they're from, time and dates. Law enforcement told me that she is violating her own ppo, I just wanted to get others opinions. Her texts to me show proof that she isn't scared of me and got the ppo against me on false pretenses and to try to get me in trouble.

  4. #4
    Join Date
    Nov 2009
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    5

    Default Re: Ex is Violating Her PPO Against Me

    You better be careful. She can break the ppo all she wants to and thats fine, if u break it one time your going to jail buddy, they dont care if she causes it, breaks it, if she at your house, only you can get in trouble. U can either try to get it dropped, you both must agree, or get one on her. It must go in front of a judge. You can look up free court forms for your state and see if u can find a dismiss form or a modification form. If u decide to get a ppo on her, you can go to courthouse and they will give u forms or the police station will assist u on procedure to get a ppo. Good luck to you...what ever u do dont break the order or its your butt on the line.

  5. #5
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    Jan 2008
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    Toledo, OH
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    16,307

    Default Re: Ex is Violating Her PPO Against Me

    Quote Quoting taco112
    View Post
    The ppo states that there is to be no harassing which includes texts, email, or verbal profanity, vulgar, cursing. The texts are pretty rude and graphic but to be polite I'm not going to post them. I have the proof because I printed the texts out for the judge to read but as well have them saved on my phone for proof which shows who they're from, time and dates. Law enforcement told me that she is violating her own ppo, I just wanted to get others opinions. Her texts to me show proof that she isn't scared of me and got the ppo against me on false pretenses and to try to get me in trouble.
    That's all well and fine, but you STILL need to take them in to an attorney to see if they're going to hold up in court.

  6. #6
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    Nov 2009
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    4

    Default Re: Ex is Violating Her PPO Against Me

    PBrown, unfortunately you're wrong about something. If someone has a ppo against you, they cannot violate it either. This was told to me from the police and the ppo dept. in the court building where this was issued from. I notified the police of the ppo and the text messages(what the texts said) and instantly they told me this person is violating their own ppo and she can't say that to you. I made the police report and was advised to talk to the ppo dept and tell them what's been happening. They said the same thing as the polive that she's violating her own ppo and said I need to go back in front of the judge and ask for it to be terminated based on the proof I have. Ultimately it's up to the judge but the police and the ppo dept. said they feel strongly that the judge will see that she's not really scared of me because if she was she wouldn't be sending harassing texts to me and will terminate the ppo. The ppo dept said that the judge can terminate the ppo but could also charge her with contempt of court for violating her own ppo.

  7. #7
    Join Date
    Apr 2008
    Location
    Bunker Hill, West Virginia
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    72

    Default Re: Ex is Violating Her PPO Against Me

    I don't know about in Michigan, but for Virginia, what PBrown says is absolutely true. My daughter has a ppo against her ex-fiance/father of her daughter. Police officer told us that it doesn't matter what she says or does to him (well, provided she's not breaking any laws). Shortly after she got the ppo, there were text messages exchanged between her and her ex. He claimed she texted him first; he actually texted her first and she responded because she didn't know who it was (he had changed his phone number). Anyway, he ultimately threatened to burn down our house and we called the police. Seems the ex had called the police earlier in the day accusing my daughter of violating the ppo by texting him. The police said she could text him all she wanted (she shouldn't, but she could) and it wasn't violating anything, but if he texted her, then HE was violating the ppo. He actually ended up getting arrested that night for violating the ppo and for threatening to burn down our house.

  8. #8
    Join Date
    Nov 2009
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    4

    Default Re: Ex is Violating Her PPO Against Me

    Let me clarify it up maybe I explained it wrong. If someone has a ppo against you which states you can talk to eachother due to having children together but you can't harass them, the same goes for the petitioner. If the ppo holder sends harassing and inapproprate text messages to you, him/her is violating their own ppo. Although the petitioner won't get arrested for doing it, you then as the respondent can file a motion to terminate the ppo based of him/her violating it. And bring proof of texts to court. Generally if the judge does the right thing, He/she will see that the petitioner does not need a ppo because if you're truly scared of someone you won't be harassing or taunting them.

  9. #9
    Join Date
    Jun 2009
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    48

    Default Re: Ex is Violating Her PPO Against Me

    NOT true Taco - I too live in MI and have a ppo against my ex - with NO contact, even for children. I can "violate" it all I want - if I want to , which I have not. If you do not have mutual PPOs she can do and say as she pleases - my advice to you is to seek a mutual ppo for writing rude messages -

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