Contact the Police. The personal protection order is a court order which all parties must obey. If an act prohibited by the protection order is committed, then the violator / respondent may be found in contempt of court. First, however, you must report the violation. Call the police immediately - don’t wait a few hours or even a few minutes. Tell the police that you have a personal protection order and tell them what was done to violate that order. A listing of area law enforcement agencies is located in the ‘Law Enforcement Section" of the Muskegon County Prosecutor’s Website. Once the police arrive they will make a determination whether they can arrest the respondent.
- Respondent arrested by the Police. In most cases, the Police can only make an arrest if the Police Officer observes the violation being committed in his/her presence which is why it is important to contact the Police immediately if a violation is occurring. If the police arrest the respondent, he / she will be brought before a Judge for an arraignment on the PPO. This means that the Judge will read the allegations and set a bond for the respondent. At this arraignment, a Personal Protection Order Violation Hearing will be scheduled and the respondent given notice of this hearing. The Prosecutor’s Office will then be informed and ultimately make a decision whether there is enough evidence to proceed with a PPO violation hearing. You will be informed of the hearing date for any PPO violation hearing. Your presence will be essential. At this hearing, an assistant prosecutor will present evidence to prove to the Court that a violation of the order has occurred. Your testimony will be very important in proving the violation. Make sure that you bring to the hearing any witnesses, letters, correspondence or any other evidence of the respondent’s violation of the PPO.
- Respondent not arrested by the Police. Again, if the Police do not witness the violation, they will be unable to arrest the Respondent and you will be responsible for filing a PPO violation. If the police do not arrest the respondent, and you still wish to pursue a PPO violation, you must file a motion at Circuit Court records, the place where you first obtained the PPO. A hearing date will be set. By law, you are responsible for insuring that the Notice of Hearing is personally served on the respondent. Please note, however, that you cannot personally serve the Notice of Hearing on the respondent or even put it in the mail. However, you may have anyone over 18 years of age serve the Notice of Hearing on the respondent. You may also hire a process server, who will charge you a fee to serve the Notice of Hearing.
Personal Protection Order Violation Hearing At a hearing on a violation of a personal protection order, if the Court finds that a violation has occurred, the respondent can be sentenced to a maximum of 93 days in jail and / or be assessed a fine of not more than $500. If the Court finds that a violation has not occurred, the respondent will be released.