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Before beginning, I need a bit of clarification....are you saying that the order is from Michigan? Thank you.
the order was gotten by her in michigan
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
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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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
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.
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.
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