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PPO UNIVERSITY

PPO UNIVERSITY. Today’s Course PPO 301 : Managing the PPO After Issuance February 25, 2013 Kathy Hagenian , Executive Policy Director, MCEDSV Lore Rogers, Staff Attorney, MDSVPTB Future Courses PPO 401 : PPO Violations PPO 1001 : Graduate Seminar - Advanced Problems. Session Overview.

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PPO UNIVERSITY

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  1. PPO UNIVERSITY Today’s Course PPO 301: Managing the PPO After Issuance February 25, 2013 Kathy Hagenian, Executive Policy Director, MCEDSV Lore Rogers, Staff Attorney, MDSVPTB Future Courses PPO 401: PPO Violations PPO 1001: Graduate Seminar - Advanced Problems

  2. Session Overview • Entering PPO on LEIN • Serving the PPO • Implementation and enforcement absent a violation • Motions to modify, extend or terminate

  3. What makes a PPO effective • What the survivor is able and willing to do in his or her case • What the advocate can do in individual cases • What can be done within the legal system overall

  4. LEIN Entry • Requirements for LEIN entry • Statutory vs. policy • Expediting LEIN entry • Who enters – law enforcement • Court specifies which agency • How find out which agency is directed to enter • How find out if PPO has been entered • Option to take PPO to law enforcement office for entry

  5. Service of the PPO • Deciding to Serve • PPO effective and enforceable once signed by the court – what does that mean in practical terms • If PPO not served, law enforcement can still arrest if act is a separate crime • If NOT a separate crime, law enforcement must give notice and provide opportunity to comply

  6. Service of the PPO Pros and Cons of Service Ultimately it is survivor’s decision about whether or not to serve

  7. Service of PPOs • Methods of Service – MCR 2.105(A) and (I) • Personal service • Registered/certified mail • Alternate service • Who is qualified to serve: “any legally competent adult who is not a party or an officer of a corporate party.” MCR 2.103(A) • Law enforcement service could occur • at request of petitioner • when responding to a violation • when interacting with respondent in another context

  8. Service of PPOs Filing Proof of Service Insert a proof of service form

  9. Service of PPOs • Filing Proof of Service • Follow up on Law Enforcement service of PPO • Entry on LEIN • Proof of Service filed with the court • Form CC386 for oral notification

  10. Implementation of Protective Conditions • PPOs are intended to affirm individual’s right to personal liberty • Specific conditions may be requested and ordered that require notification and mobilization of others, e.g.: • retrieving property, children, pets; • exclusive use of vehicles; • provisions regarding work, school Advocacy is often needed to education and persuade others to work outside of their comfort zone

  11. Implementation of Protective Conditions • Prohibition on Purchase or possession of firearms • Again, not self-executing • Options • Law enforcement collect and hold? • Motion to require respondent to turn over for safekeeping • In absence of retrieval, “no firearms” provision gives opportunity for law enforcement to detain or arrest before respondent acts with it

  12. Motions To Terminate or Modify – by Respondent • 14-Day time limit after ex parte PPO-- MCR 3.707(A)(1)(b) • Good cause exception • Practical effect • No hearing on motion to terminate if PPO granted after hearing • Friend of Court involvement -- possible ramifications of recent Court of Appeals decision in Visser v Visser

  13. Poll Question Are any courts in your service area referring any PPO matter to the Friend of the Court for hearings, recommendations, or decisions? Yes No I don’t know

  14. Motions To Modify or Terminate – by Petitioner Insert copy of motion form and discuss

  15. Motions To Modify or Terminate – by Petitioner Process Filing Service Hearing

  16. Motions To Modify or Terminate – by Petitioner Advocacy Issues (individual and systems change) Modification vs termination Court response – from best to worst

  17. Motions To Extend • Process and timing • What evidence must there be to justify extension? • Is it significant if respondent has not violated during term of PPO? • Significance of original term of PPO – 180 days? Longer? • Must know your local practice • Option of modified extended PPO

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