Michigan PPO Violation Defense Attorneys

Jail is the typical sentence for a Personal Protection Order violation. A proactive, experienced defense team can help you avoid jail and, in many cases, get a violation dismissed.

Defending against a Personal Protection Order Violation Allegation

Anyone who fails to comply with a Personal Protection Order (“PPO”) is subject to the criminal-contempt powers of the court and may be sentenced to jail. A judge can lawfully hold someone in criminal contempt for violating the conditions set forth in the PPO. If you are charged with criminal contempt for the violation of a PPO, you have various due process rights, not the least of which is the right to an attorney. Having an experienced attorney in place early in the PPO Violation process can mean the difference between a dismissal and jail.

Rights at a Personal Protection Order Violation Hearing

The accused has the following rights if they wish to fight a PPO violation:

Right to Notice and Hearing: If someone is accused of violating a PPO, they have the right to receive notice of the allegations and a hearing where they can present their side of the story. This is guaranteed under due process rights.

Right to Legal Representation: The accused has the right to hire an attorney to represent them during the hearing and any related legal proceedings.

Right to Present Evidence and Witnesses: During the hearing, the accused can present evidence and call witnesses to support their defense. This can include any documentation, alibis, or testimony that contradicts the allegations.

Right to Cross-Examine Witnesses: The accused has the right to cross-examine any witnesses brought by the petitioner to challenge the validity and reliability of their testimonies.

Right to Appeal: If the court rules against the accused, they have the right to appeal the decision to a higher court. This involves filing a notice of appeal and arguing in the Court of Appeals that the accused’s rights were violated.

Possible Penalties for PPO Violation

Someone convicted of a PPO violation faces a maximum of 93 days in jail and a fine of up to $500.00. The judge may also extend the duration of the PPO or impose additional conditions. An experienced criminal defense attorney has the best chance of reducing the possible penalties for a PPO violation.

Types of PPO Violation

Stalking

A willful course of conduct involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the person to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Stated differently, stalking involves a course or pattern of conduct that involves continuing or repeated harassment arising out of separate noncontinuous acts.

Harassment

“Harassment” is defined as “conduct directed toward a person that includes, but is not limited to, repeated or continuing unconsented contact that would cause a reasonable individual to suffer emotional distress and that actually causes the individual to suffer emotional distress.”

Unconsented Contact

Unconsented contact means any contact with another individual that is initiated or continued without that individual’s consent or in disregard of that individual’s expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

Following or appearing within the sight of that individual.
Approaching or confronting that individual in a public place or on private property.
Appearing at that individual’s workplace or residence.
Entering onto or remaining on property owned, leased, or occupied by that individual.
Contacting that individual by telephone.
Sending mail or electronic communications to that individual.
Placing an object on, or delivering an object to, property owned, leased, or occupied by that individual

One PPO Violation is Enough

A judge need not find multiple PPO violations in order to find a person in violation of a PPO and guilty of criminal contempt. Likewise, a petitioner need not allow repeated violations to occur in order to obtain relief. Most judges find that the smallest infraction or breach of a PPO condition constitutes a violation. For example, if a Personal Protection Order prohibits contact with the petitioner and the respondent says “hello” to them, they’ve violated the order and are subject to jail.

How can an attorney help with a PPO violation?

When facing allegations of violating a PPO, the stakes are high, and the consequences can be severe. Whether the allegations are false or partially true, or if the accused has indeed violated the PPO, having a skilled attorney can make a significant difference in the outcome. Here’s how an attorney can assist in such situations:

False or Exaggerated Allegations Do Not Constitute a Violation

What if you didn’t violate the PPO and the court is presented with false or exaggerated claims of PPO violations? That can be challenging, but a skilled defense attorney has the expertise to contest these allegations effectively by contesting the evidence, discrediting a witness, presenting counter-evidence, and filing the necessary documents with the court to fight the allegations.

An Actual Violation – So You’ve Violated the PPO, What Now?

If you did violate the terms of a PPO, an attorney can still provide critical assistance. Here’s how:

Negotiating Pleas: A defense lawyer can negotiate with the petitioner, prosecutor, and judge to reach a plea agreement that may reduce the charges or lessen the penalties. By pleading guilty to a lesser violation, the accused might avoid more severe consequences.

Avoiding Jail Time: A skilled attorney, such as the lawyers with LEWIS & DICKSTEIN, P.L.L.C., knows the best ways to help their client avoid jail when possible. This can include negotiating alternatives such as probation, community service, or fines. They will advocate for the least restrictive penalties that still satisfy the court.

Guidance on Rehabilitation: In many cases, a lawyer can guide the accused towards getting help or rehabilitation, which can mitigate potential sentences. Enrolling in anger management, substance abuse programs, or counseling can demonstrate to the court a commitment to change and responsibility.

Developing Alternatives: Defense attorneys can propose alternative sentencing options such as house arrest, electronic monitoring, or participation in educational programs. These alternatives can serve as effective deterrents while allowing the accused to maintain some degree of normalcy in their lives.

Mitigating Factors: An attorney will present any mitigating factors that could influence the judge’s decision, such as the accused’s lack of prior criminal history, their role in the community, or the circumstances that led to the violation.

Need a great PPO Violation Defense Lawyer? You are in the right place!!

You have rights! We can protect them!

Individuals facing PPO violation allegations need help navigating the legal complexities of this process. The knowledgeable and experienced attorneys at LEWIS & DICKSTEIN, P.L.L.C. are committed to providing zealous and effective defense strategies and compassionate support to clients in these challenging situations. Call us for a free consultation today. If you call, we will take the time to answer your questions, address your concerns, and work with you to develop a winning strategy.

Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.