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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 26435
Experience:  Litigation Attorney
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Is there any proper way to defend myself in a potential violation

Customer Question

Is there any proper way to defend myself in a potential violation of PPO ? It is in Michigan and I do believe I have what I need to win this but not sure how I should go about presenting my evidence?
Submitted: 1 year ago.
Category: Legal
Expert:  Roger replied 1 year ago.

Kirk Adams : Hi - my name is XXXXX XXXXX I'm a litigation attorney. Thanks for your question. I'll be glad to assist.
Kirk Adams : There's no specific method or process to present your evidence.
Kirk Adams : Instead, you would just have to make your presentation to the court and provide the information/proof that you have in a chronological order that makes the most sense.
Customer:

well what kind of answer is that I need some real info and Im thinking this is a rip off

Kirk Adams : I'll be glad to answer your questions, and ask all you want.....
Kirk Adams : BUT there's no way to tell you what the proper way to present your evidence to defend yourself when I have no idea about the facts of your case, the evidence you have and want to present, etc.
Customer:

I was told that I would speak to a real lawyer and I need some answers as to what kind of language I might use and if I should try for a motion to dismiss

Kirk Adams : I can tell you the procedure one can go through to introduce documents as evidence, but as far as being specific about what to present first, second, etc., I really can't do that.
Kirk Adams : I am a real lawyer....
Kirk Adams : I just don't know if I understand exactly what you are asking. ....
Customer:

I have a police report for information purposes that states there was no evidence of violation, I have contradicting police report with what was stated on the motion for the court hearing

Kirk Adams : In order to present a document as evidence, you (1) have the document marked for identification by the court reporter; (2) you or the person testifying about the document will have to identify the document and tell the court they know what it is; (3) the person testifies about the document (to lay the proper foundation of the document); (4) you ask the court to admit the the document into evidence.
Kirk Adams : Ok. That's what you would do with the police report.
Customer:

This is between my ex wife and myself , also my son is probally going to testify against me

Kirk Adams : YOU would have to get the officer who drafted the police report to testify that this is his report, that it is correct, and that it was found that no evidence of a violation was found by you.
Kirk Adams : SORRY..... no evidence of a violation was found by the OFFICER.
Customer:

are you familiar with MI law ? trial is in 2 days don't know if I have time to get officer to comply

Kirk Adams : If the officer will testify to this, then his testimony and his report could then be admitted as evidence.
Customer:

so this report cannot be used as evidence?

Kirk Adams : You can has a witness subpoena issued by the court clerk and served on the offier to appear within 2 days.
Customer:

why does it have to be so complicated

Kirk Adams : You can HAVE a witness subpoena issued by the court clerk and served on the officer to appear within the time you've got, but you should have this done ASAP.
Kirk Adams : It IS very complicated, but that's just the procedure you must use. Witness testimony is all about hearsay -- which is any out of court statement made by someone.
Kirk Adams : THEN, you have to find exceptions to the hearsay rule in order to be able to have out of court statements admitted as testimony.
Customer:

so this report cannot be used as evidence? unless the officer is there?

Kirk Adams : In this case, regularly kept business records - - such as a police report - - can be admitted as evidence under the rules of evidence, BUT you must have someone with PERSONAL FIRST HAND knowledge of the report to testify about it in order to have it admitted into evidence at your hearing.
Kirk Adams : You would not be able to introduce the police report yourself because you cannot authenticate it.
Customer:

so if I don't have the officer ther then this reportr is meaningless

Kirk Adams : Yes, you could not admit the report without the officer. The officer would have to authenticate it - - the officer would have to say he wrote the report, that the report is an accurate copy of what he wrote, that the content of the document is accurate, etc.
Customer:

and the contradictions between the two really are irrelivent

Customer:

unless I could get the officer in there

Kirk Adams : They're not irrelevant - - it's good proof to present, but you have to get the officer there to testify about the document you're wanting to introduce.
Customer:

man I didn't think it would be this much trouble and now I fear I will be going to jail

Customer:

will the plaintiff need to do the same thing to validate the report

Kirk Adams : You can file a motion to continue the hearing in order to get yourself time to get things together.
Customer:

I want this done so I can get down to Georgia

Kirk Adams : YES, if the plaintiff wants to introduce a police report as evidence at a trial, the person who wrote the report would have to do the same thing.
Customer:

what if I just don't go

Kirk Adams : IF you don't show up, a warrant will be issued for your arrest - - and warrants never expire, so that's not a good idea.
Customer:

Ive heard everthing about that a lawyer said this type of violation goes off the records after a couple years

Kirk Adams : A bench warrant doesn't go away once it is issued....
Customer:

k

Customer:

do you think I have any real chance of beating this , it seems usally the plaintiff wins , is it ok to try and fight this myself

Kirk Adams : Well, it's always best to have an attorney represent you because he/she knows the procedural processes necessary to give you the best chance to prevail - - just like the issues with presenting evidence of the conflicting reports and needing the officers there to testify, etc. -- that's something a lawyer would know must be done.
Kirk Adams : If you can present OBJECTIVE proof to support your position, that's a good thing and could certainly help you overcome these allegations.
Customer:

objective proff?

Kirk Adams : Since your testimony and that of your ex and son should counter each other/cancel one another out, the court will look at the testimony from someone who doesn't have a stake in the case - - which is the officer.
Customer:

well I 'm not sure how long you want to keep chatting with me but you have definately gave some things to think about, do you think that my ex will have a lawyer provided for her?

Kirk Adams : I'm happy to answer any questions you have about this topic - I'm here to help. All I ask is that when we're done, you will positively rate our conversation so I get credit for my time.
Customer:

I will

Customer:

wasn't sure if there is a time limit

Kirk Adams : As for her having an attorney, if this is being prosecuted by the state, there will be a prosecutor representing the state/alleged victim (your ex).
Customer:

the police that investigated this complaint felt that no violation had occurred and never wrote a report until 17 days later

Customer:

would it not take an offense or violation of the PPo to bring the prosecuter in

Kirk Adams : USUALLY, domestic PPO violations are handled by a show cause hearing being filed, and they are handled by prosecutors.
Customer:

Im screwed

Kirk Adams : But, there are always exceptions, so I can't guarantee a prosecutor will be involved, but that's the usual procedure.
Customer:

if the prosecuter is involed they would subpoena the officer , no?

Kirk Adams : If you have proof to support your position, you should really consider filing a simple motion to continue in order to allow you to get some help and get your plan together.
Kirk Adams : Yes, the prosecutor would have to subpoena the officer as well.
Customer:

can I save this conversation and print it out?

Kirk Adams : I suppose so, but I've never tried it.
Kirk Adams : Maybe you can copy and paste it into a word processor (MS WORD, etc.) and print it.
Customer:

is there anything else you might share with me that could help?

Kirk Adams : Honestly, the best thing would be to buy yourself some time to get your defense together - - with or without an attorney. So, filing a motion to postpone the hearing, or asking the judge for a continuance at the hearing would be the best course of action - - especially if you think that jail time may be ordered.
Kirk Adams : But, as far as presenting evidence/documentation, always keep in mind that you must authenticate and qualify the documents - - which means that you must have someone that has personal knowledge about the document to tell the court what it is.
Customer:

I really don't know I have never been in trouble and never violated the ppo before but this judge is a real tough guy

Kirk Adams : Well, the worst thing is to go in unprepared and end up much worse off than you could be if you have an attorney help you.
Customer:

ok well you have given me something to think about I just want this to go away but that's not going to happen

Kirk Adams : It will eventually go away, but you're going to have to do some work to try and limit the effects it may have on you.
Customer:

Im scared why does law have to be so complicated

Kirk Adams : Too many lawmakers and lawyers!!
Customer:

lol you got that right and they control all the laws

Customer:

thank you for your time

Kirk Adams : Laws are made to try and contemplate all scenarios or possibilities, which creates a lot of red tape!
Kirk Adams : THANK YOU for allowing me to assist you, and I wish you luck with this.
Customer:

where you at?

Kirk Adams : IF you have any additional questions - - even after you rate/accept our conversation - - you can post it here without any additional charge.
Customer:

now if I can only figure out how to copy all this chat

Customer:

ok thanks and good night

Kirk Adams : THANK YOU for the conversation. Please let me know if you need something further.
Customer:

ok

Roger, Attorney
Category: Legal
Satisfied Customers: 26435
Experience: Litigation Attorney
Roger and 11 other Legal Specialists are ready to help you

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