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Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Michigan on
Q: Can you drop chargers domestic violence

My boyfriend hit me

Daniel Hilf
Daniel Hilf answered on May 28, 2020

In most jurisdictions, no. It is up to the State/local prosecutor to decide if a charge is pursued against an individual, even if the victim does not want to pursue any type of charges.

1 Answer | Asked in Domestic Violence for Michigan on
Q: I got arrested for domestic violence my son son is with the victim I have not been able to see or contact my son since

The incident he has epilepsy pdd and adhd no one knows how to fill his meds there is a no contact order with the victim

Brent T. Geers
Brent T. Geers answered on Apr 30, 2020

You will need to have an attorney file a motion to modify bond conditions to allow contact. It would help if your son supported the effort.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Michigan on
Q: What do I do about sexual assault and mental abuse in a previous relationship?

It was in Michigan. I was 16 and he was 24 when it started. It continued for 2 years. He would make me feel guilty for not wanting to have sex and would threaten to cheat on me if I didn’t do things. When he cheated, held a gun to his head and begged me to shoot him when he told me. I tried to... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 8, 2020

Hopefully you have removed yourself from this situation. It sounds like your ex suffers some mental illness. Even if so, it doesn't excuse that treatment.

What your question does not indicate is whether you two were legally married. By the ages, I'm assuming not. There may be...
Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: How can i dismiss domestic violence charges against my husband before the pretrial if my prosecutor is not willing to me
Brent T. Geers
Brent T. Geers answered on Mar 24, 2020

You can't. Prosecutors make charging decisions, and are the only ones who can dismiss charges. In domestic violence cases, most prosecutors are reluctant to just dismiss charges based on the your wishes. At the least, I suspect they will wait until a scheduled hearing to put on the record that... Read more »

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Michigan on
Q: If a cps case was opened based on a child’s said abuse and later closed for lack of evidence even with the child’s word

Can I ask for a new investigation because after speaking with several specialists they don’t understand why the child’s word and the defendants history wasn’t enough evidence

Brent T. Geers
Brent T. Geers answered on Mar 11, 2020

Short answer is no. CPS is like the police; when you call the police, they come out and do an investigation. Sometimes they arrest people, sometimes they give a warning, sometimes they find nothing. The point is that once you call CPS, what and how they do their investigation is up to them - you do... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: How do I get the prosector to drop the domestic violence case against my boyfriend?

I got into a fight with my boyfriend yesterday and things got violent. I was upset and fearful for my life so I went to the police. Today I am in a very different mindset and do not want to proceed any further with the charges. I do not want him spending any more time in jail than the current time... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 5, 2020

Once you involve the police, what happens from there is largely out of your hands. Depending on the facts of the case, the prosecutor and detective may put pressure on you to testify...or they may do as the detective indicated and drop the case.

Although not a part of your question, those...
Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: How can I get a court order for my husband to go to therapy he has a personality disorder that hurts everyone

He is totally against any therapy and I can no longer explain his behavior to our children

Brent T. Geers
Brent T. Geers answered on Oct 24, 2019

This cannot happen against his will unless someone petitions for guardianship or for his involuntary commitment, or if criminal charges occur that result in treatment being a part of his probation terms.

1 Answer | Asked in Criminal Law, Wrongful Death and Domestic Violence for Michigan on
Q: My husband was beat to death in our home. Can I sue for wrongful death?

Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?

Gary Kollin
Gary Kollin answered on Sep 3, 2019

Sue who?

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Domestic Violence for Michigan on
Q: Can I sue my job for the incident that happened today?

Today at work, I work at Spectrum Juvenile Justice Services and a resident threw urine on me. The resident had already been acting out throughout the week and the punishment for that is he couldn’t come out his room. So during the day someone had to sit at his door to monitor him. That’s what I... Read more »

Peter N. Munsing
Peter N. Munsing answered on Aug 24, 2019

You can't sue your job for that. Unfortunately Mental Health workers face assault and abuse but there is little that can be done. If you have a union speak with them.

1 Answer | Asked in Domestic Violence for Michigan on
Q: How do I handle my Domestic violence case?

Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown). My mother called the police. By the time the police arrived the fight was well over and I was given a domestic violence charge. No one is dropping charges and everyone hopes for it to be expunged. I... Read more »

William Jaksa
William Jaksa answered on Aug 8, 2019

The best advice is to hire a lawyer. I know that sounds self-serving and you're looking a way out of this, but a decent, experienced criminal lawyer will be able to help. Lawyers deal with these charges all the time, they understand what prosecutors need to consider how to deal with these... Read more »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown) my mom got scared

With My dad not being there so she called the police by the time they got there the fight was well over and I was given a domestic violence charge no one is dropping charges and everyone hopes for it to be expunged I have arraignment court in a week and wonder how I should handle all this

Gary Kollin
Gary Kollin answered on Aug 7, 2019

I, for one, am unwilling to spend the time figuring out what is asked when the inquirer was unwilling to write in separate sentences and expects the lawyer to decipher the run on sentence

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Can a plea deal be appealed after you're sentenced?

I took a plea deal for domestic violence in a case i was innocent of, my court appointed attorney advised me to because my ex wife and her friend would make up any story they could to get me in trouble, can I appeal it?

Daniel Hilf
Daniel Hilf answered on Jul 24, 2019

If you plead guilty, you can have a lawyer file an Application for Leave to Appeal with a higher court (if the request is made timely). The higher court will look at the Application for Leave to Appeal, and decide on the Application alone whether or not the Court will hear the appeal. In most... Read more »

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Federal Crimes for Michigan on
Q: What to do when you're involved in hate crimes..Racially motivated..Neighbors destroying your property and stealing, etc
Kenneth V Zichi
Kenneth V Zichi answered on Jul 15, 2019

If you are the victim of ANY crime you should contact the police and make a report.

If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...
Read more »

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Michigan on
Q: Where does a mother of 3 go to seek financial help with a divorce in Ionia County, MI? Husband has been abusive, also.

Income is under $30k. I have been trying to help my friend to get a divorce as the situation is not good but she struggles financially. Everyone wants $3-6k down to start a divorce and she does not have the means to do so.

Brent T. Geers
Brent T. Geers answered on Jun 18, 2019

Contact your local Legal Aid office. Certainly, her income will be a factor to qualify, but domestic violence is also a consideration for help. Otherwise, you may call the local bar association or the state bar association.

1 Answer | Asked in Domestic Violence and Juvenile Law for Michigan on
Q: I live in Michigan. I was arrested for domestic violence. I had a fight with my brother that went a little too far.

I was not convicted. I was given a deal through HYTA. 6 months probation. When I do a background check, it comes up clean. But I'm applying for a job where I have to be fingerprinted if I am hired. Will the arrest show up in the fingerprint report?

Brent T. Geers
Brent T. Geers answered on Jun 13, 2019

The wonderful thing about HYTA is that upon successful completion, you don't have a criminal conviction, and so you may rightfully report no convictions, and it shouldn't show up on background checks as a conviction. That said, you may have an arrest record, which is an indication that... Read more »

1 Answer | Asked in Domestic Violence, Juvenile Law and Small Claims for Michigan on
Q: Can I be prosecuted?

After the fight, her mother filed a police report against me and they said the other young lady had a knot on her head. Can I possibly go to jail? I am 17 and a Junior in high school.

Jeffrey Buehner
Jeffrey Buehner answered on May 10, 2019

If you are accused of assaulting the young lady, you could be prosecuted for assault & battery. Assault & battery is a misdemeanor which carries a potential jail sentence of up to 93 days. If you were 17 at the time of the alleged offense, you'd be prosecuted as an adult, not as a juvenile.

1 Answer | Asked in Domestic Violence for Michigan on
Q: What would the judge most likely sentence if i plead guilty to domestic violence at my arraignment?
Brent T. Geers
Brent T. Geers answered on May 9, 2019

DO NOT plead guilty at your arraignment without speaking to an attorney who has told you that your situation is one of a very few where doing so makes sense.

By pleading guilty at the arraignment, you will be doing so without the benefit of a plea offer. The judge could sentence you to up...
Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can someone be charged with domestic violence after the fact?

My daughter told the school that my husband hit me. He has never been violent, but we do argue. CPS was called, and came to my home to do an interview. No police were involved, and no report was made on the night of the alleged incident. I have no marks on me. I told the CPS worker that I feel 100%... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 19, 2019

Anyone can make a complaint to the police, but a police officer's job is to initially determine whether probable cause exists to believe that someone is subject to arrest for a crime. Under the facts you indicate, it doesn't sound like the police could do very much here. IF CPS did... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can I get a lawyer when pressing charges for domestic violence?

I pressed charges on my ex last weekend for domestic violence, can I get a lawyer to represent me in this?

Derrick E. George
Derrick E. George answered on Mar 23, 2019

Yes. In Michigan there is essentially a no tolerance stance when the police are called to a domestic violence incident and more often than not someone is going to jail and getting charged. Depending on your story and what outcome you wish to have would make it necessary for you to hire a... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Michigan on
Q: I was a vicitm of domestic violence over the weekend with my ex husband with the children, what do i do to protect them?

I dont think they are safe with him, i have a ppo against him, but the terms of custody are set up loosely and he was released from jail, went to their school, pulled them out of class early and snuck them out while i was waiting in line to pick them up.

No one knows how to help me get... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 19, 2019

Sounds like you did the right thing to get a PPO. Now, you should talk with a local attorney to see about an ex parte order regarding custody and parenting time.

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