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Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Michigan on
Q: Is it legal to record domestic assault and abuse against me?

I have video proof of my spouse physically assaulting me (burning and poking me with a red hot metallic chopstick) while continuously accusing me of *multiple* affairs. Now I moved out and filed for a divorce. Can these videos be used as evidence in court?

Brent T. Geers
Brent T. Geers answered on Apr 7, 2021

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire aloo

Me and my fiancé got into an argument and I was driving around the block following him and I thought he used a fire arm towards my vehicle but he didn’t & I panicked and called police, he was arrested two days later. I been trying to figure out what to do and how to drop charges, I had been... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 31, 2021

The reality is that once police and the prosecutor get involved, you lose control over what happens. You can be compelled to testify, and if it comes down to it, the prosecutor will request a material witness warrant for you.Will they do it? Who knows. A lot depends on not only what your fiance is... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Domestic Violence for Michigan on
Q: What type of a attorney do I need

I have a 39 year old son who is currently in Rehab, Multiple drug charges, Who thinks that because his name is on my my home, has never paid a dime, expects me to give him the house for him and his girlfriend and her children, he has already aggressively assaulted my daughter over the girlfriend,... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 19, 2021

You may want to contact Adult Protective Services for referrals to community resources - including attorneys - that might help. You will likely either need to force a sale of the home or get him to agree to have his name removed from the home. I'm not sure what you mean by the restraining... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: What is my legal recourse for sigificant other threatning to make false allegations of domestic violence?

I have recently terminated relationship with said person after she followed through with threats and called the cops on me. I have video proof of her admitting after the fact saying she lied and made it seem like a domestic. I have no criminal record and don't want one. Do i have any legal... Read more »

Brent T. Geers
Brent T. Geers answered on Mar 15, 2021

Are you actually charged with a crime? If so, what you have recorded should be presented, through your attorney, to the court.

Can you sue her? Possibly. But without actual prosecution, I'm not sure what grounds you would have. If you weren't arrested, it sounds like the police...
Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: I have video proof of girlfriend threatning to make false allegations against me. What can I do?
Brent T. Geers
Brent T. Geers answered on Mar 15, 2021

Sounds like you have all the evidence you need to determine whether you should continue to be involved with this person. For now, keep what you have in case you need it later. Just know that you continue to engage in a back-and-forth, the court may have equally as short of patience with you as with... Read more »

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Michigan on
Q: I'm being Subpoenaed to the grand jury cause my girlfriend and me were In a heated argument and she pulled a knife out

And I spun around and the knife stabbed me but when police arrived at the house I stated that I fell down the steps and now they are pretty much making me testify against her which I don't wish to do cause it could land me in jail also I need an attorney to represent me in this matter so I can... Read more »

Brent T. Geers
Brent T. Geers answered on Feb 16, 2021

You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can both parties in a domestic violence case file a motion to have no contact order dismissed
Brent T. Geers
Brent T. Geers answered on Feb 5, 2021

A motion would not be the proper vehicle. The victim needs to contact the prosecutor's office, or if it has one, specifically the victim / witness coordinator. Some judges will want the victim to state it on the record, and usually during a plea or sentencing. But keep in mind that the judge... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Charged with domestic violence in 2008

And they dropped the charges when my husband and children left the state and now it shows up on my record but it says it's nulled how do I get that taken care of

Brent T. Geers
Brent T. Geers answered on Jan 26, 2021

What record are you looking at? It's possible and likely that an arrest record remains even when charges are dropped or expunged.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: My husband is on probation for domestic violence he got another domestic violence for attacking me again. What now
Daniel Hilf
Daniel Hilf answered on Jan 18, 2021

Your husband will likely face a new criminal prosecution, as well as a probation violation. The court will likely impose a no contact order to prevent him from having contact with you, if he is able to post bond. If he is unable to post bond, he will remain in custody throughout the court... Read more »

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan on
Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 14, 2021

You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: I went through 17 and a half years of abuse and it's been 3 years since I got out.

I deal with ptsd and bpd and severe anxiety and depression due to the abuse. Do I have a case and what do I need to do

Brent T. Geers
Brent T. Geers answered on Jan 12, 2021

Who caused the abuse? It's impossible to determine if you have a case without knowing who and what happened.

1 Answer | Asked in Domestic Violence and Probate for Michigan on
Q: Can I skip the step of reporting observed abuse and file a complaint directly with the Probate Court?

My elderly father's wife suffers from addiction (refuses treatment) and abuses him. I have proof. He would not technically be considered a vulnerable adult but one could argue he is as he allows it to continue. She needs a guardian and court-mandated treatment. I cannot allow this to continue... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 18, 2020

I think you should reconsider giving Adult Protective Services a call first. If you filed for guardianship - skipping that reporting step as you say - you'll find that before the court appoints a guardian, there will be someone appointed - a GAL - to investigate and make a report and... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: What do I do my ex filed twice for domestic violence I have never touched her

Both is false she did it to get a place to live and free housing I gave her a ride dropped her off she took 200 of my money went with a drug addict I am with my wife. And my son currently fighting for my kids cause she got them put in foster care I got a warrant in the mail today and don't... Read more »

Brent T. Geers
Brent T. Geers answered on Nov 13, 2020

Contact a local criminal attorney who can work with you to facilitate turning yourself in with as little hassle as possible to begin the criminal case process. All this will play out in court now, and if her allegations are baseless, that will come out in the court process. What you do not want to... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Currently charged with a second offense.

Currently charged with my second offense. I don’t know how it’s possible when A. It was self defense. B. I have video evidence of HIM assaulting me. C. I have 5 wounds and photos of them, he has one from when I tried to get him away from me. D. He was in our infant’s bedroom. I was trying to... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 23, 2020

For purposes of just getting straight to the point: your first sentence ("Currently charged with my second offense") sort of tells the story.

Nothing will happen until you are arraigned; there is likely a warrant out for your arrest and so it would benefit you to address that now...
Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can a victim of domestic violence get a court appointed attorney ?

I know some one that is victim of domestic violence prosecutor is trying to bully and threatening them because she does not agree with police report and the charge the defendant is charged with .

She can not afford a attorney to help her

And there is a no contract... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 27, 2020

No, unless she is charged with a crime, the court will not appoint an attorney. She should remain in contact with the prosecutor's office or their victim/witness service coordinator. The question leaves unknown what exactly she is looking to see happen; I am assuming she wants the prosecutor... Read more »

1 Answer | Asked in Juvenile Law, Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Can I request that my fourteen-year-old daughter be locked up at the juvenile detention facility? Just for a short time?

Recently my 14 year old daughter has been acting out doing things such as getting aggressive with her younger brother and sisters she ran away this morning when I found her I was able to get her in the car and then she began hitting me and fighting me. What are my options as a parent what can I... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 26, 2020

Unfortunately, no, unless you are wanting criminal charges filed against her - which may become your only option at some point.

If you have the resources, you should look into counseling, perhaps even inpatient.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Someone I know hired a defense attorney to fight a domestic violence arrest.

After hiring the attorney, he found out that the attorney is friends on Facebook with the mother of his child, the person the alleged domestic violence was against and not only is he friends with her, but after being hired, he was "liking" pictures on her page. He knew her name after... Read more »

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

I think it's fair for your friend to confront the attorney about this, and provide an opportunity to explain. Many people have Facebook friends who they don't really know, and like pictures that pop up on the timeline with no regard to who is posting. It could be innocent; it could be a... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Why did I get arrested?

I was at my mothers house yesterday and she started swearing at me in front of my kids, I told her to stop and that made it worse. She snatched my phone out of my hands and ran away into the living room where i seen her throw my phone as hard as she could to the ground, i went to to pick it up and... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 20, 2020

The arrest decision was made by police based on their initial investigation. No one beside the officers involved can really say how or why other than they obviously thought probable cause existed that you assaulted your mother. It's a decision susceptible to human error in judgment, which is... Read more »

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.

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