e-Journal Summary

e-Journal Number : 39643
Opinion Date : 06/12/2008
e-Journal Date : 06/19/2008
Court : Michigan Court of Appeals
Case Name : Jasina v. Jasina
Practice Area(s) : Personal Protection Orders
Judge(s) : Memorandum - O'Connell, Borrello, and Gleicher
Full Text Opinion
Issues:

Whether the trial court considered all the evidence before it denied the PPO; MCL 600.2950(1)(c) and (j); MCL 600.2950(4); Pickering v. Pickering

Summary

The trial court properly denied the petitioner's request for a PPO against the respondent, his brother, because the facts did not support the issuance a PPO. Petitioner asserted the trial court failed to consider all the evidence before it denied the PPO. The record established petitioner told the trial court respondent had made a threatening telephone call, which was recorded. Petitioner claimed during the recorded call, respondent threatened to punch him in the head if he visited him, and respondent requested petitioner not visit or speak to him again. Petitioner did not identify on appeal any other evidence the trial court should have considered. The alleged transcript of the telephone call attached to the petition did not provide any additional pertinent facts, and petitioner identified no other telephone calls or threatening acts by respondent. Even accepting petitioner's description of the telephone call by respondent, the evidence established petitioner was under no threat of violence if he simply stayed away from respondent. Affirmed.

Full Text Opinion