Personal Protection Orders.

My $.02:

In general terms, Personal Protection Orders by statute are for cases involving domestic violence or stalking.  However, sometimes what would not necessarily appear to be included within that definition still can be the basis for a PPO because of the relevant facts and circumstances between the parties.

If an ex-parte Personal Protection Order is granted, the respondent has the right to file a Motion to terminate the PPO within 14 days after being served with (or receiving actual notice of) the PPO.  (A motion filed by the respondent after the required 14 days may require the respondent to show good cause for the late filing of the motion.)  At the hearing on the respondent’s Motion to terminate the PPO the petitioner has the burden of proof to show through legally admissible, substantive evidence that the PPO was issued correctly and remains necessary today.

If your petition for any ex parte Personal Protection Order is denied, it may be because, in fairness to both sides, both parties should be present and have the opportunity to present evidence to the judge as to whether a PPO is appropriate.  It is not necessarily that there is insufficient evidence for the Personal Protection Order, but the ex parte denial may simply be that the court is not satisfied upon review of the petition that petitioner will suffer immediate and irreparable injury, loss or damage by having to wait for a hearing whereby both parties (and witnesses) can be present. 

If you wish to present evidence at any hearing, witnesses are generally required.  Please remember that hearsay is generally inadmissible, except for admissions made by the opposing party or otherwise as allowed by the Rules of Evidence.  This includes what other people may have told you whether that other person be a police officer, lawyer, family member, friend or stranger.  Likewise, police reports, letters, medical reports and affidavits are hearsay and generally not admissible unless you can lay a proper foundation under the Rules of Evidence.

At the hearing please do not interrupt when someone else is talking.  The judge will try to give both sides a full opportunity to be heard before making any decision.  Do not argue with the other party.  You are there to convince the judge, not the other party, that your position is correct.

When you don’t follow these rules it can affect your credibility.  We know and understand that people are nervous when they appear in court, but even if you are nervous or upset, you can still be polite, civil or courteous to the other party, witnesses and the court.