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Common Questions about Having a Personal Protection Order Against You
Contents
These are common questions about having a Personal Protection Order (PPO) against you.
Questions about What It Means to Have a PPO Against You
No. A PPO is a court order in a civil case. A violation of a PPO is “contempt of court,” which is different than a criminal charge. However, a PPO violation can result in jail time for the abuser.
An act can be a PPO violation and a crime (for example, an assault). In that situation the abuser may be charged with both a PPO violation and a crime for the same event.
Having a Personal Protection Order (PPO) against you can be serious. A PPO case is not a criminal case, and it doesn’t give you a criminal record, but it can affect your freedom. These are just some of the possible consequences of having a PPO against you:
- The PPO is entered in the police LEIN system and is a matter of public record;
- You can be restrained from:
- Appearing in certain locations, including your own home
- Communicating with the Petitioner and other named people, including your children
- Having a gun (even if your job requires you to have one);
- You can be arrested without a warrant for allegedly violating a PPO;
- You can be charged with contempt of court for allegedly violating a PPO;
- You can face potential fines and jail time for violating a PPO;
- The PPO can be a factor in divorce or child custody proceedings.
If your child’s other parent has a PPO against you, you can still have your court ordered parenting time unless the judge changes the parenting time order, or the PPO says you are not allowed to see or contact your child.
The PPO might order you not to contact or communicate with the other parent. It might say you can’t do any or all of the following things:
- Talk on the phone or in person to the other parent
- Text them
- E-mail them
- Send them letters
If the PPO says you can’t communicate with your child’s other parent, you can’t contact them for any reason. This includes discussing parenting time. If you do the judge could order you to pay a fine or put you in jail, even if the other parent contacted you first.
If the PPO says you can’t communicate with the other parent, one of you may want to ask a third person to help arrange parenting time. This should be a neutral person who is not involved in the conflict between you and your child’s other parent. To obey the PPO, anything you need to ask or tell the other parent must go through the third person. For example, if you are running late to pick up your child for parenting time, call the third person. The third person can let the other parent know. If the PPO says you can’t go to the other parent’s home or appear in the other parent’s sight, you may need the third person to pick up and drop off the child for parenting time.
If you do not have someone who can do this, the Friend of the Court may be able to suggest other resources. To find the phone number for the Friend of the Court in your county, go to the Courts & Agencies section of this website.
Questions about asking the Court to Change or End a PPO
Either the Petitioner or the Respondent in a PPO case can ask the judge to change or end the PPO. To do this, use our Do-It-Yourself Motion to Modify, Extend, or Terminate a Personal Protection Order (PPO) tool to prepare your motion. For instructions on how to file and what to do afterwards, go to the toolkit I Need to Change or End My Personal Protection Order and read the Checklist.
Because being the Respondent in a PPO case can be damaging, consider talking to a lawyer. If you need a lawyer and have low income, you may qualify for free legal help. You can use the Guide to Legal Help to look for legal help in your area.
You can also file a motion to ask the court to modify (change) or terminate (end) the PPO. You can use our Do-It-Yourself Motion to Modify, Extend, or Terminate a Personal Protection Order (PPO) tool to do this. The resulting form will ask the court to:
- Modify the terms of a PPO,
- Extend the expiration date of a PPO, or
- Terminate a PPO before it expires
You can use this form whether you are the Petitioner or the Respondent.
File your motion in the court that issued the PPO. The court will have a hearing where you and the Petitioner will each get a chance to tell your side of the story. At the hearing the judge will decide whether to continue the PPO, change the PPO, or end the PPO.
You only have 14 days after you find out about an ex parte PPO to file a motion to change or end it. An ex parte PPO is one that the judge signs without holding a hearing. It means the judge decided to issue the PPO based only on what the Petitioner said in the petition.
Finding out about an ex parte PPO doesn’t necessarily mean you got proper service of the papers. Once you know about the PPO, the 14 day timeline starts.
If you don’t file your motion within 14 days of when you found out about an ex parte PPO against you, you must show good cause why the court should hear your motion to change or end the PPO. Good cause means you have a valid reason why you didn’t file your motion earlier. If the judge does not believe you have good cause, your motion will be denied.
If you file your motion by the deadline, there will be a court hearing within 14 days. If you are a law enforcement officer and the PPO prohibits you from having a gun, the hearing must be within five days. You must arrange to have the Petitioner served with your motion and notice of the hearing at least 7 days before the hearing.
Tell the judge whether you want the PPO ended or changed. If you want it changed, explain what parts of the PPO you want changed. Tell the judge why you want the PPO changed or ended. If you believe the Petitioner made false allegations in the petition, tell the judge this. Also tell the judge about any evidence you have (witnesses, documents, e-mails, text messages, etc.) that supports your motion. If you have physical evidence, you can attach copies to your motion.
No. There is no charge to file a motion to change or end a Personal Protection Order.