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Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Michigan on
Q: So \I was charged with a domestic violence charge in 2021. ORDER OF NOLLE PROSEQUI ENTERED will it show on my background
Brent T. Geers
Brent T. Geers
answered on Jul 19, 2024

Possibly. Most legitimate background checks will rely on what's called ICHAT, which is maintained by the Michigan State Police. That report will have three columns: arrest, prosecution, and disposition. In other words, the report will indicate what you were arrested for, what you were charged... View More

1 Answer | Asked in Family Law, Immigration Law and Domestic Violence for Michigan on
Q: move to states with abusive partner (American) and kids. She put all funds in her account and wants me out, what to do?

I am writing to seek urgent legal assistance regarding my current situation. I recently moved to the United States with my wife and our two daughters. Before moving, I was the primary caregiver for our children and managed our home while also working, as my wife attended medical school.

Our... View More

James L. Arrasmith
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answered on Jun 27, 2024

This is a complex and concerning situation involving multiple legal issues. Here's an overview of some key points to consider and potential steps you might take:

1. Immigration Status:

- Without a valid visa or green card application in process, your immigration status is...
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2 Answers | Asked in Family Law, Child Custody, Civil Rights and Domestic Violence for Michigan on
Q: How do I have visitation revoked due to a history of substantiated CPS involvement for my children?

One situation was picked up by the state with criminal charges that were dismissed on the first day of trial due to the children and I not being present. (we were informed by Voices for Children the evening before that court was adjourned- this was untrue- court proceeded the following morning).... View More

James L. Arrasmith
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answered on Jun 21, 2024

I understand you're in a difficult situation regarding visitation and child safety concerns. Here's some general information that may be helpful, but please note this isn't legal advice:

1. Document everything: Keep detailed records of any incidents, CPS involvement, and lack...
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2 Answers | Asked in Immigration Law and Domestic Violence for Michigan on
Q: If my husband filed for VAWA and made up a few things about me; is it possible he will get his papers?

My husband filed for a VAWA. He made up a few things about me when he spoke to his lawyer. I found this out because he asked me for help on one of his papers. Obviously, I read everything and got angry. Some of things he said was true but some were false. He made this ugly character of me. I was... View More

James L. Arrasmith
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answered on Apr 20, 2024

I'm sorry to hear about the difficult situation you're going through. It's important to address the complexities of your husband's VAWA (Violence Against Women Act) application, especially since it involves false accusations. Whether his application will be successful can depend... View More

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1 Answer | Asked in Domestic Violence for Michigan on
Q: I was abused by my boyfriend and he’s in jail not for abuse but for something else and he’s threatening me over the pho
Brent T. Geers
Brent T. Geers
answered on Feb 1, 2024

Contact the prosecutor's victim / witness coordinator. You likely can also contact the jail or the third-party services they use for phone calls to have them block your number.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: trying to drop a PPO on my boyfriend. Without his signature and no court date. I want PPO dropped now how can I do that?

I went to court house to try to drop PPO which I did not want the prosecutors made me get it. How can I get it dropped without sending a registered certified letter to my boyfriend. I'm not sure his whereabouts and they told me he has to sign the slip and send it back and then we have to go to... View More

James L. Arrasmith
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answered on Jan 24, 2024

In Michigan, to drop a Personal Protection Order (PPO) that you've filed, you generally need to follow the court's established procedures. This often involves filing a motion to terminate or modify the PPO. While you have filled out the necessary paperwork, the requirement to notify your... View More

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Michigan on
Q: Can I get my gun rights re-instated after a Domestic Misdemeanor from 15 years ago?

Hello! Michigander, here. I was charged with a Domestic Misdemeanor in 2008 that I have paid all dues for and completed probation, and have not committed any crimes since. Considering the new Bipartisan Safer Communities Act's five year restriction "after which the right to own a firearm... View More

James L. Arrasmith
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answered on Jan 13, 2024

In Michigan, the process for restoring your gun rights after a domestic misdemeanor conviction from 15 years ago can be complex and depends on various factors. The recent changes in state and federal laws you mentioned, like the Bipartisan Safer Communities Act and Governor Whitmer's House... View More

1 Answer | Asked in Divorce, Civil Rights, Domestic Violence and Legal Malpractice for Michigan on
Q: My lawyer refused to submit my evidence during the entire process. The judge rendered the final "opinion. My husband's

Lawyer filed a clarification and prayer for relief. I need to submit my evidence. Can I do that? Is there a time limit? My final hearing is 1/8/23.

James L. Arrasmith
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answered on Dec 31, 2023

If you believe your lawyer failed to properly represent you by not submitting crucial evidence, this is a serious concern, particularly in a divorce case where such evidence can be critical. It's important to understand your options for addressing this issue.

The possibility of...
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1 Answer | Asked in Child Custody, Family Law, Domestic Violence and Gov & Administrative Law for Michigan on
Q: In Michigan, any funding for legal help from Dept. of Health & Human Services for parents in custody battle w abusive ex

Ex was abusive in marriage. Had an affair and theyre now married. She is controlling and he as well and are keeping the kids from me. Will not allow phone calls or anything. Have now refused to allow parenting time visits. Tell kids to keep sports activity info from me. To point of me not knowing... View More

Brent T. Geers
Brent T. Geers
answered on Dec 27, 2023

There is no state funding or a right to an attorney in family law matters like in criminal law. However, you may contact your county's legal aid office to see if you qualify for legal assistance.

2 Answers | Asked in Domestic Violence and Immigration Law for Michigan on
Q: Immigration query - domestic violence case.

Five years ago, I went through a divorce from my husband, who was in the United States on a visitor's visa. This decision was prompted by a troubling history of domestic violence. At the time, I held an F1 visa, and he was my dependent. Our marriage had initially taken place in the U.S. After... View More

James L. Arrasmith
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answered on Nov 26, 2023

Given your history of domestic violence and ongoing concerns for your safety, it's important to understand the options available to you in the United States. As a student on an F1 visa, you have certain protections and avenues you can explore.

First, consider reaching out to the...
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1 Answer | Asked in Contracts, Domestic Violence, Identity Theft and Libel & Slander for Michigan on
Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?

I have my warranty deed, as well as the warranty deed of the woman I purchased my home from before Matthew and I were even married. In our divorce it states we have no claim to any belongings or property of the other. Also in decree, this will come up later, I had my last name legally changed back... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 29, 2023

A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the... View More

1 Answer | Asked in Cannabis & Marijuana Law and Domestic Violence for Michigan on
Q: Can I get a medical marijuana card and use in wayne county michigan while on probation for misdemeanor domestic violence

I'm fighting a false charge of misdemeanor domestic violence that I was put on probation for. I want to know if I can get a medical marijuana card so that I can use marijuana edibles for pain and sleep purposes, while I am on probation without getting in trouble.

T. Augustus Claus
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answered on Aug 9, 2023

In Michigan, medical marijuana use is allowed under state law for qualifying patients with a medical marijuana card. However, if you are on probation, the rules can vary, and it's important to consult with your probation officer or legal counsel to determine how using medical marijuana may... View More

1 Answer | Asked in Domestic Violence, Divorce and Family Law for Michigan on
Q: I want to sue my husband for domestic violence. I have proof of pics, voice, police report. but how do I start?

I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2023

Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.

Keep in mind that Michigan is a "no fault" state...
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1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
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1 Answer | Asked in Domestic Violence for Michigan on
Q: In Michigan what would be ground for dismissal on a domestic violence case?

What would be ground for automatic dismissal on a domestic in Michigan?

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

There is no "automatic" dismissal. Depends on the facts and a witnesses' willingness to testify.

1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More

1 Answer | Asked in Domestic Violence and Sexual Harassment for Michigan on
Q: So basically I sexually touched and 13 year old girl and I thought she was 15 and- (more information)

So to my knowledge it was consensual and I never heard her say no, also I’m 16 so what the chance I go to jail

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2023

Too many unanswered questions to give you an adequate answer. And you shouldn't give more details on a public forum like this. For now, just know that what could or will happen depends on the nature of the sexual touching.

1 Answer | Asked in Domestic Violence for Michigan on
Q: What if the alleged DV victim is actually the aggressor?

My husband and I were involved in an altercation. It started with him taking my cell phone from me. I followed him to get it back and told him I’d leave if he returned it. I reached for his hand and the result was me being repeatedly hit and shoved. All while I was only after my phone and keys.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

Depending on the injuries, it may be possible to speculate as to who was the aggressor.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Chances of dropping DV charges

I am a defendant of DV case, Incident happened due to an heated argument and got into minor physical, After 2 days my wife friend call 911 and lodged the complaint and there were some bruises on my wife hands and they arrested me and filed DV case. Now my wife is ready to drop the charges and i am... View More

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2023

Unfortunately, it's not a simple matter of telling the court "we're good". Your wife can express her thoughts about going forward to the prosecutor. Depending on the facts of the case, even that may not result in charges dropped.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... View More

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