Get free answers to your Domestic Violence legal questions from lawyers in your area.
answered on Nov 17, 2024
A temporary order would likely not be appropriate in this situation. Temporary orders generally are appropriate when no order exists, and there is a need to maintain a status quo. In your situation, there sounds like there is a parenting time order - you don't like it and apparently want to... View More
Plaintiff has not requested any legal responsibility of the child despite multiple requests for dna and legal obligations in 3.5 years, plaintiff frequently used court as a form of threat to continue control. Plaintiff has been charged with domestic violence and is now suing me for establishing... View More
answered on Nov 4, 2024
Paternity is separate from custody and parenting time. Until paternity is established, the plaintiff in this situation (assuming it is the father) has no legal basis to even ask for custody or parenting time. That may well be on the horizon and his intention. However, custody and parenting time are... View More
My X started to hit and kick me and more. I yelled at her to stop, then I pull her hair hoping she would stop. The next day, I got arrested, officers only said I was under arrest for domestic violence. I thought when I get to jail, I would give my statement and they would that photos, no statement,... View More
answered on Sep 9, 2024
By your description of what happened, it sounds like the woman you spoke with at court was the magistrate who was arraigning you - not your attorney. She would have had no duty to you other than to advise you of your rights, what you're charged with, the maximum possible penalties, and to... View More
I filed a serious domestic abuse charge on an ex bf a year ago in one city, the entire time I was under the impression he had a warrant for his arrest because of it. He just assaulted me again in a different city and that city has been doing a very good job pursuing charges but they could not find... View More
answered on Jul 24, 2024
No, they would not be liable. Were you told he had a warrant? Even if a warrant were issued, they would have no liability for what subsequently happened. But if this other city is unable to find anything in LEIN, then it's possible the first police department either never submitted the report... View More
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
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
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... View More
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
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... View More
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
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
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
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
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
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
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.
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... View More
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
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... View More
In my complex, we have exclusive resident parties organized by the housing agency. I've consistently filled out forms stating my children and I should not be photographed or publicly identified. Unfortunately, This is the second instance where my whereabouts were revealed. The first time, my... View More
answered on Jul 28, 2024
You have the right to pursue legal action against the housing agency for posting photos without your consent and for disclosing your location, especially given your history as a domestic violence victim. This repeated failure to protect your privacy and safety can be grounds for a lawsuit. You... View More
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.
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
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.
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
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
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.
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
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
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... View More
Can the abuser dictate where the kids go?
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... View More
What would be ground for automatic dismissal on a domestic in Michigan?
answered on May 30, 2023
There is no "automatic" dismissal. Depends on the facts and a witnesses' willingness to testify.
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