- My wife/girlfriend took out a personal protection order and kicked me out of my own house. I wasn’t even there when the order was issued. Is that fair?
A: Section 2950a of the Revised Judicature Act allows a court to issue a personal protection order (PPO) to prevent a person from having unwanted contact with a family member without notice or a hearing if the family member shows that danger is likely to result from the delay required to give notice. That is called an “ex parte personal protection order”. “Ex Parte” means that the “PPO” was issued without a hearing.
- How can I lawfully get back into my house?
A: More often than not, if you show up with a lawyer and present yourself as a sane, rational person, you can often get the order overturned. So come see us. We will get you a hearing in front of a judge and calmly present your side. If your case is typical, she will overstate her claim, and cooler heads will prevail. If you want to help us help you, keep her voice mails and e mails. Meanwhile, don’t call her on the phone. Don’t beg. Don’t go see her. She will call you. If it’s a typical payback play, she will say so when she feels that short term head rush that comes from accusing someone.
- What if she wants me to come over just for sex? Can I still get in trouble? The expense of living in another place is eating me alive.
A: Yes, if you violate a court order, you can and you probably will get in trouble. We have seen case after case in which the woman takes out a PPO, three days later the couple is back together in the same house and the next time they have an argument, she calls the police and the man ends up trying to reason with a judge. When you are dealing with the kind of woman who takes out a PPO and then invites you back without lifting the PPO first, you are asking for whatever you get.
- What if she is willing to work with me to remove the PPO?
A: If your girl is serious about letting you back in the house, bring her into SAMSONLAW. We will work together with her to get the court orders lifted so that you don’t end up in trouble.
- Yes, I pushed my girl, but she was coming at me with a frying pan. How come I got arrested? What about the law of self defense.
A: The self defense doctrine is alive and well in Michigan, but if you think that police and prosecutors are going to apply those rules to your conduct when you are accused by your hysterical girlfriend, you are mistaken. The laws against domestic violence are there to protect women and prevent men. We are not saying that is the way it’s supposed to be. We are telling you that is how police, prosecutors, and judges behave. That’s why you need the skilled trial lawyers at SAMSONLAW to aggressively assert your rights. And you may have to go to jury trial. At SAMSONLAW, that’s no problem.
