e-Journal Summary

e-Journal Number : 32001
Opinion Date : 06/13/2006
e-Journal Date : 06/22/2006
Court : Michigan Court of Appeals
Case Name : Hockeborne v. Golembiewski
Practice Area(s) : Personal Protection Orders
Judge(s) : Per Curiam - Whitbeck, Zahra, and Donofrio
Full Text Opinion

PPO violation; In re Contempt of Johnson; Whether the trial court properly held petitioner violated the PPO through her sons’ actions; Right to legal counsel; Whether the trial court properly allowed petitioner to testify about damage to her privacy fence where the petition did not include allegations about damage to the fence


The trial court properly held respondent in contempt for violating a PPO petitioner, her neighbor, obtained. The PPO prohibited respondent from “placing an object on or delivering an object to property owned, leased, or occupied by the petitioner.” There was clear and convincing evidence respondent knowingly allowed her son to fire illegal fireworks. Although there was testimony other residents in the neighborhood also lit fireworks around the Fourth of July, there was no testimony neighbors in close proximity to petitioner’s yard were setting off projectile-style fireworks similar to the ones respondent’s son was firing. The trial court’s determination respondent knowingly allowed her son to fire the fireworks and there was circumstantial evidence those spent fireworks were found in petitioner’s yard was not against the great weight of the evidence. The trial court also did not err in finding respondent violated the PPO by allowing her children to throw basketballs into petitioner’s yard. Affirmed.

Full Text Opinion