General Procedures
- Interview with the PPO Coordinator.
- Fill out the appropriate paperwork.
- Phone the clerk’s office at the time designated to you by the PPO Coordinator to see if the Judge signed the order.
- If the Judge signs the order, you will need to return to the clerk’s office to pick up your copies and the copies to be served upon the respondent. It is state law that the respondent be served a copy of both the petition and the order as soon as possible. It is the petitioner’s responsibility to make arrangements for such service, and the PPO Coordinator will provide you with the information necessary to complete the service requirements.
- If the Judge denies the order, your copies will be sent to you in the mail.
- Remember to report all violations by calling 911, and if you have any questions or concerns, please contact our office.
Service of a Personal Protection Order
Personal Service - Hire someone(Barry County Process server)to deliver the paperwork to the respondent. You may also have a friend or family member (a legally competent adult) serve the respondent. In either case, be sure that the Proof of service is properly filled out and returned to the court as soon as possible.
Certified Mail – Mail paperwork to the respondent through the U.S. Post Office using certified mail and restricted deliver. Once you receive the green return card back, staple it to the Proof of Service and return the proof of service to the court as soon as possible.
Violation of a Personal Protection Order
If an arrest is made, either the courts or the Prosecutor’s office will contact you. You will most likely be asked to testify at the hearing. If you have any questions, you should contact the clerk’s office.
If no arrest is made, you can contact the clerk’s office and file a Motion to Show Cause for Violating the Personal Protection Order. A hearing will be set, and both you and the respondent will be given the opportunity to state your case. It is at the discretion of the judge whether any witnesses or evidence will be allowed as part of your testimony.
Motions Regarding a Personal Protection Order
A Motion to Terminate can be filed by either party if he or she feels the order should not be effective. If this motion is filed by the respondent(it must be within 14 days of service), a hearing will be scheduled for both parties to attend. If the petitioner files the motion, the motion will be forwarded to the judge for review and signature (no hearing).
A Motion to Modify can be filed by either party when a change is in order is necessary. A hearing will be set for the judge to determine if the change is indeed necessary. Both parties need to be present for the hearing.
A Motion to Extend the PPO must be filed at least twenty-eight (28) days before the expiration of the PPO. This motion, if granted will extend the length of time in which the PPO is effective. A hearing will be scheduled, and both parties will need to attend.
Page Last Modified: July 12, 2007 at 4:02 pm
