Judge Richard Ball, speaker Family Law Section

By Roberta M. Gubbins Legal News On alternate Friday mornings, Judge Richard Ball or Judge David L. Jordan, 54B District Court Judges, can be found sitting on the Family Court bench in downtown Lansing to conduct Personal Protection Order hearings. On Tuesday, October 26th, however, Judge Ball was down the street from the 30th Circuit Court at the State Bar of Michigan serving not as judge but as featured speaker for the Ingham County Bar Association, Family Law Section meeting. The subject of his discussion was the same as that of the hearings--the Personal Protection Order (PPO) and its relationship to Family Law Matters. "Our usual purpose," Judge Ball said "is to hear motions to terminate, modify, or enforce the order." Because the majority of Personal Protection Orders are entered exparte or without a hearing, the Friday hearings are often to determine whether one of the parties has violated the court order. In Judge Ball's opinion there is not a smooth linkage between the family court and the PPO. "This was not always the case," he said. "When the family court legislation was adopted, the concept was to have one family, one court. If there was a neglect proceeding and a divorce," the matter would be heard by one judge." Now, when a matter is filed, the parties get a family court judge, then a PPO may be filed. " If there is a proceeding to terminate or modify that (PPO) order, it is heard by Judge Ball or Judge Jordan "not the judge to whom it was assigned." "If I see a case come in and the couple live together or have a child in common or are married or have any family court proceedings pending, I need to know if there is a custody order, parenting orders, or neglect and abuse case. I must review other issues," he said, "and, if necessary I will transfer case to family court judge it's assigned to." "I will call the judge if a contested proceeding--I try to get a hearing on a PPO transferred to that judge." Judge Ball thinks it is appropriate that the judge who knows "more about the case than me" to make a decision. Judge Ball reminded the group that a PPO can be issued in any county in Michigan, regardless of residency. Also, Michigan Court Rules say that the "PPO is going to be an order that super-cedes any visitation or parenting order" until the existing order is modified by the Family Court judge having jurisdiction over the matter. When a respondent is accused of violations, Judge Ball tries to make a determination of the seriousness of the violation. He tries to follow any existing order of custody and parenting time and will make exceptions for existing family court orders. Judge Ball was asked if it was an advantage to file a divorce action and a PPO at the same time. "I don't think so," he said. "I'm reluctant to put someone out of a house in which they have an ownership interest. I make an inquiry to see if they can live together. An example could be he is the tenant with the lease and she wants to stay there without him." Judge Ball stated that in his opinion there "should be a high level of sensitivity to the other matters" surrounding the parties. Published: Thu, Nov 4, 2010

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