Even when the Respondent violates a PPO, there are times when he/she will not be arrested. This could be due to a number of reasons. For example the police were not called; the police were called but there was no probable cause that a violation of the PPO occurred; or, the police were called but the Respondent was able to leave the scene before the police arrived and he/she could not be located. The following procedures would then apply.
- The police officer should still complete a police report of the incident and notify the Prosecutor's office of the violation.
- The reporting officer should also inform you that you will need to file your own petition for a "show cause" hearing since there was no arrest.
- A "show cause" hearing is held for the purpose of determining whether or not the Respondent violated the PPO. A judge must first authorize that the hearing can take place.
- Even if the police were not called and you do not have a police report, you can still request a "show cause" hearing when there has been a violation.
- You should carefully document the incident.
- The forms, along with instructions for filling a "show cause" are available at the court house. See how to obtain a PPO
- A PPO liaison will assist you with the forms. Call (734) 994-2564. Also, you can contact SAFE House for assistance.
- The completed forms should be given to the assigned judge, who will either issue a bench warrant or schedule a hearing.
- If a bench warrant is issued then the following procedure will be followed:
- If a hearing is scheduled, notice must be personally served on the Respondent at least seven days prior to the hearing.
- At the hearing, you and the Respondent will have an opportunity to testify and present any witnesses who saw the violation.
- If the judge finds that the Respondent has violated the PPO, the Respondent may be imprisoned for not more than 93 days and fined not more than $500.00.
