Woman refuses to drop PPO appeal

[prudencegrace]

What is the name of your state (only U.S. law)?
Michigan.

On February 2 a PPO was filed against me and denied February 6th. At that time the plaintiff appealed the PPO. In March we went to the hearing and the judge scheduled it for a hearing April 13. The plaintiff's lawyer called me prior to that hearing and after speaking with me he said he would recommend to his client that she drop this.
The plaintiff's attorney called the judges offices and has the hearing canceled and the motion "adjourned". The PPO is totally unwarranted and this whole thing is in limbo. To make matters worse the plaintiff is my husband's ex-wife and he called her recently and asked he to let this go and her answer was "I have free legal service at....". At the same time my husband attorney is filing for a change of circumstance to collect on the lien on her house. I called her attorney as did my lawyer and we have not received a call back. The attorney told the judges office that we are in counseling together which I agreed to do and she canceled. Advice please?

 

[quincy]

I am not sure what you need advice on, Prudence.

The attorneys seem to be doing everything they can to get the ex-wife to drop the matter, but if the ex-wife is insistent on going ahead with the PPO hearing, there is not too much you can do.

The same goes for the counseling. If she refuses to go to counseling, there is not a lot you can do to force the issue.

 

[prudencegrace]

I need to know whether to press this or let it ride


HI,
I need to know whether to have my lawyer go after this or wait for the PPO office to get a hold of the judges office and determine this is a waste of time. I have nothing to hide but because my reputation is on the line I would like to erase the possibility of her re-enating this. Her son lives with my husband. She is searching for some kind of control since her son lives with his father and I am the target.

 

[quincy]

If the request for a PPO has no merit, the judge will dismiss the whole thing. If the judge finds that one may help resolve any real (or perceived) conflict between the ex and you, he may issue one. It really depends.

But I don't think a PPO in any event would prevent your attorney from going ahead with the "change of circumstances" matter over the lien on the ex's home. If the PPO is issued and it prohibits you from having any contact with the ex (or whatever), your husband can still deal with the attorney, the ex, and the lien.

I guess whether to go ahead with the change of circumstances issue while waiting to hear about the PPO, or whether to wait for the PPO matter to be resolved before going ahead with a court action over the lien, would be a decision you, in conjunction with your attorney and your husband, would have to make.

 

[prudencegrace]

to quincy

Great advice. Thanks.
Pru

 

[quincy]

You're welcome, Prudence. Good luck.