Wrongful Ppo

[Darius]

My question involves restraining orders in the State of: Michigan

I was served with a ppo from an ex whom we had broke up in the month of february.
Up until the end of March we had continued contact with each other mainly through txt messaging.
I have not spoke with this person on the phone since the end of March and the same with txt messaging.
I have copies from my phone carrier supporting last dates of contact.
On March 31st after not hearing from my ex.
I did send an email simply stating that I hoped they had fun on a pending vacation.
This was the last form of communication I have had with them.
Surprisingly 5 days ago I was served with a ppo.
It appears that they had dinner with a neice whom claims that I have tried to contact them (which isnt true).
It apparently upset them and they have created a bogus claim that I showed up to their house in the middle of the night drunk and that they felt threatened.
They cited in their ppo request the date and time of the incident stating they called a good friend while i was present who told them call 911 and they did.
I have called the police department where they live and there is no police report filed and there is no record of a 911 call for the date and time they wrote on their request for a ppo.
The girl at the police station asked if I had the right date, I told her it was the only date I knew of because the incident didnt happen but I was just seeing to what extreme my ex went to to support her story.
I guess my question is this if I fight this ppo and they have specific dates and times listed are those the dates listed or can my ex turn around and claim she wrote the wrong dates and times down.
If i plan on taking this to court I want to make sure I have the documentation to blow her false claims out of the water so she will leave me alone.

Thank you!

[Joop]

Quoting detour40



I guess my question is this if I fight this ppo and they have specific dates and times listed are those the dates listed or can my ex turn around and claim she wrote the wrong dates and times down.
If i plan on taking this to court I want to make sure I have the documentation to blow her false claims out of the water so she will leave me alone.

Thank you!







Some courts/judges hand out PPO's like candy to just about everyone who requests one, under the idea that a CIVIL ppo doesn't really negatively impact an innocent party (in other words, unless they work or go to school at the same place, telling you to stay away from someone you're already staying away from isn't seen as "overburdensome" and they choose to err on the side of caution), while other courts/judges really grill petitioners and want very clear and convincing evidence that SOMETHING is happening that would NECESSITATE the issuing of an order - and of course some courts/judges are somewhere in between. It never hurts to take a sick day from work and go sit in your local courthouse for a couple of hours one afternoon and listen to other cases and see what's what in YOUR particular court - what questions is the judge asking, what arguements seem to be the "swing factor", if any, etc.

Of course she can claim that she wrote down the wrong dates. It'll really come down to who the judge feels is more credible. Since you're already familiar with the request of info from the police department involved, ask for a call record of ALL calls received from her particular address (or phone number, or name) over a period of time, say 3 or 6 months. So when she says "oh, I must have the wrong date", you whip out your call history report from the police dept. and say "well, Your Honor, according to the police, there hasn't been a call in the last 4 months...about me, or ANYTHING else". Credibility. Yep.

[Ceileachan]

Thank you! That is exactly what I will do to make sure all bases are covered!