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Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Michigan on
Q: Going to trial for DV. Victim (my girlfriend) isn’t showing up but a witness said in report she didn’t see it is.

Going to trial for DV. Victim (my girlfriend) isn’t showing up but a witness who put in her police report that she didn’t see anything is showing up. Should be I worried.

Brent T. Geers
Brent T. Geers
answered on Nov 26, 2022

Hard to say. Based on what you're saying, I'm not sure what relevant evidence this witness would be able to testify to that isn't hearsay. The prosecutor can, in some circumstances, use statements your girlfriend made to police, however.

You should also realize that it can...
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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
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1 Answer | Asked in Domestic Violence for Michigan on
Q: Please Help! My Mother's abuser was released from prison today. He is extremely dangerous, nearly killing her twice.

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 11, 2022

She should contact the parole board and probably the county prosecutor's office. She may also want to see about getting a new PPO.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: What is a red flag 2 a judge/ref w/case of CPS/criminal histories? Do other agencies investigate & report back?
Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.

A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to...
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1 Answer | Asked in Domestic Violence and Landlord - Tenant for Michigan on
Q: I live in a market rate cooperative and own my townhouse. I was recently granted a PPO on an employee of the cooperative

That I was dating for the last 5 years. I alerted the BOD and management of the PPO and they haven’t responded, just saying that they have received copy of PPO. When I asked if he was working because I wanted to drop by the office they told me it was employee confidentiality and taunted me. I... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2022

Your former boyfriend is responsible for adhering to the terms of the PPO; not the employer, who has no more obligation to you than to him. It is unreasonable to expect an employer or cooperative to manage what is a personal legal issue between you two.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: My mom threatened to kill my boyfriend, what do I do?
Brent T. Geers
Brent T. Geers
answered on Oct 20, 2022

Does your boyfriend know? He's the one that would need to do something about it.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Court tomorrow for domestic violence NEED ADVICE

Last year same exact thing happened but she didn’t show up so it got dismissed. So this is technically second one and it’s vs the state not her…. Should I take plea deal for probation or go to trial?? I know she will not show up if so but since it’s vs the state idk! Please help it’s... Read more »

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

While this answer may be a little late for you, it's worth answering for anyone else in a similar situation.

The decision to go to trial is yours alone, and should be based on the strengths and weaknesses of your case and explained by your lawyer. It's foolish to go to trial...
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1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: Will I go to jail right away when I turn myself in for a DV charge with no bond set? My fiance was the aggressor.

I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... Read more »

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2022

Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: A warrant for failure to appear and the case is dismissed for lack of progress - is this with or without predujice?

offense date-09/07/2013; Domestic Violence, misdemeanor first offense; bond set, failed to appear, fines imposed, case taken off docket.

Brent T. Geers
Brent T. Geers
answered on Jun 13, 2022

I hesitate about the notation "fines imposed"; that implies there is some sort of disposition on the merits. You really need to contact that court to figure out what is outstanding so you're not surprised in the future. These minor cases have a way of popping up when you least expect... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: His wife didn’t call 911 or even for help nor can she remember what happened and her mother did a lot of illegal things

n: My brother was accused of domestic violence against his wife he recorded the entire fight they had up until the point where he left the house. She was drinking and actually assaulted him multiple times physically with a vaccum tube. An article was published in the local newspaper stating he had... Read more »

Brent T. Geers
Brent T. Geers
answered on May 24, 2022

How did the police become involved? It is possible for both people to be charged with domestic violence. Whether the video will help him depends on the entirety of the situation; the problem with video is that it only shows a moment in time. If I pummel you, then turn on my video just as you are... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: A officer jumped into domestic abuse fight and got hit by accident I’m facing a felony what do I do ?
Brent T. Geers
Brent T. Geers
answered on May 2, 2022

You have a problem. If you were fighting, it doesn't really matter whether you intended to hit the officer or not.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can you be charged for a domestic abuse offense after the crime has been committed?

I was arrested for domestic abuse and awaiting pre trial. If my fiancé tells the courts I was defending myself, can they come back on him?

Brent T. Geers
Brent T. Geers
answered on Apr 11, 2022

If your fiance says you were defending yourself, then that implies he was the aggressor. And so yes, he could then be charged with DV.

1 Answer | Asked in Domestic Violence for Michigan on
Q: How am i supposed to go about this case?

Hello. I am currently on probation for Domestic Violence & Felonious Assault with a dangerous weapon.

(story)

I was recently locked up in Monroe County Michigan, from my Fiance. This is all false Allegations, i know for a fact the cop didn't know exactly what was going... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 6, 2022

You are facing a criminal felony charge. Yes, a lot can go wrong. You need to talk with the attorney assigned to you, or retain an attorney of your choice before those court dates, because any attorney is going to need to fully assess the police report and any other evidence there may be before... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: If someone posts some personal health information of yours online without your permission, can you press charges?
Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 14, 2022

Perhaps, but your remedy might be best positioned as a civil action, something along the lines of invasion of privacy or defamation.

2 Answers | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Boyfriend was charged with a felony threat to kill and DV, he honestly does not know how to communicate his feelings

He has problems with what he say he will do but does not not act on them. He did in fact do things that would cause him to have a DV charge but how do we get the charges lesser then what they are, he honestly just needs counseling something that should have been assigned before

Brent T. Geers
Brent T. Geers
answered on Mar 10, 2022

Are you the victim? You need to understand that it's very common in domestic violence situations for the victim to say what you're saying. Domestic violence is treated seriously because even though you may feel this way, and know and claim to understand him better than anyone else, the... Read more »

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1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Michigan on
Q: 1st offense domestic violence on my wife. She just started treatment for mental health. Need no contact dropped now.

I cannot work and a take care of my kids. Ultimately am going to lose our home. Wife just started new meds. It's first offense domestic. No contact is ruining our lifes.

Brent T. Geers
Brent T. Geers
answered on Feb 16, 2022

Depending on the judge, she will need to state on the record she wants the no-contact lifted.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Restraining order

Hi my mom got a restraining order against my ex boyfriend the restraining order is in my moms name and her address I’m just one of the names on it and I was a minor when I was on it now I’m an adult and I don’t live with my mom if so person was to contact me would they still get in trouble or... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Feb 15, 2022

I think the only way to know for certain is to have the restraining order reviewed. Remember you always have the ability to contact the police if he is contacting you and has a history with you bad enough that required a PPO. Reminding the police there is a PPO in place might also help them tailor... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: My son was in a dispute with his stepfather and caused him to trip and fall now facing domestic violence charge

My husband doesn't want to press charges but the state of Michigan is involved

Brent T. Geers
Brent T. Geers
answered on Feb 3, 2022

Your husband can contact the prosecutor to indicate his wishes in this matter. But once police and prosecutors get involved, it is out of your husband's control as to whether and what charges are brought against your son.

1 Answer | Asked in Domestic Violence for Michigan on
Q: If I had my boyfriend arrested for DV and he goes to his pre-trial court date and asks to go to trial….

Will they summon me (the victim)? And if I don’t show up, will they drop the charges?

Brent T. Geers
Brent T. Geers
answered on Jan 20, 2022

Yes, you will need to testify. And there is a statute that allows prosecutor's to use what you told the police. You'll want to be careful about what statements you made and will make, so that you don't end up charged with filing a false police report.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: An ex requested a ppo out of state
Brent T. Geers
Brent T. Geers
answered on Jan 9, 2022

What is your question? If you are aware of a PPO or have been served with one, you should act to respond appropriately to the allegations. If it's from out of state, you will likely need to hire an attorney in that state.

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