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Joseph
Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience:  I have over a decade of experience as a Family Law litigator
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I have been served with a personal protection order. I have

Resolved Question:

I have been served with a personal protection order. I have not contacted my girlfriend in any way at all well before I was served with the order. I live an hour away in another state and would like the court to consider terminating the order. What are they expecting to see in my motion for termination that would lead to them granting the termination. I planned on just telling the truth, that I am of no threat to her and have not contacted her and will not contact her in the future. Also, she accepted a facebook event invite from me that was sent weeks prior to the argument which resulted in the order. This scared me because I was afraid she would show up at my event and somehow try to get me in trouble. Again I have not contacted her at all. I am moving on as I suspect she wants me to hence the order which squashes any hope of reconciliation. Any help in this matter would be greatly appreciated.
Submitted: 1 year ago.
Category: Family Law
Expert:  Joseph replied 1 year ago.

Before beginning, I need a bit of clarification....are you saying that the order is from Michigan? Thank you.

Customer: replied 1 year ago.

the order was gotten by her in michigan

Expert:  Joseph replied 1 year ago.
And the hearing on the order has not been held yet, correct? Thank you.
Customer: replied 1 year ago.


no. it is an exparte order and I have 14 days to respond. I picked it up certified mail today at post office so I have been officially served by signing for it. to late now but I'm wondering if I shouilda picked it up

Expert:  Joseph replied 1 year ago.

When your former girlfriend filed for the protection order, a hearing was scheduled. The hearing is her opportunity to testify as to the contents of the order and to request that the order be put in place permanently. Similarly, it is your opportunity to refute her allegations and to argue why the order should not be put in place permanently.

.

Here is where the issues you detailed above become relevant. Your former girlfriend will need to argue that you have been violent or threatened violence and that, for those reasons, she is in fear for her safety. Your argument will likely be that the events did not occur and/or that she is not in fear for her safety. If you have had no contact with her since "well before" the order, it would seem unlikely that she could be in fear for her safety. Likewise, if you live an hour apart from each other, she seems to have little reason to fear for her safety. Perhaps most compelling, if one of the most recent contacts was her accepting an invite from you, this would suggest that she is not in fear of you.

.

With all these things in mind, it would seem likely that you would prevail at the hearing and the order will be dismissed.

.
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Customer: replied 1 year ago.


I just reread the order from top to bottom and there is no hearing date on it nor was I notified of one in any other way

Expert:  Joseph replied 1 year ago.
You mentioned time "to respond". What did you mean by this? What does the order say in that regard? Thank you.
Expert:  Joseph replied 1 year ago.
My apologies, give me a moment...
Expert:  Joseph replied 1 year ago.

I was assuming the hearing had already been set. Based on the information you just provided, it seems that the former girlfriend filed her request and you were served BUT the hearing was not yet set. So, the 14 day limitation was for you to request that hearing. The hearing will then be set, likely within a couple weeks. Then, as I detailed above, you will need to present testimony and evidence to refute her allegations.

.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
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Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Expert:  Joseph replied 1 year ago.

We began this discussion over an hour ago, it has grown late and I need to sign off for the evening to prepare my files for the morning court appearances. While I believe I have answered your questions, please feel free to respond, if necessary, and know that I will be back on-line tomorrow to continue to assist you. I thank you in advance for your patience.

Joseph, Family Law Attorney
Category: Family Law
Satisfied Customers: 7279
Experience: I have over a decade of experience as a Family Law litigator
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Joseph
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I have over a decade of experience as a Family Law litigator