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Michigan Domestic Violence Questions & Answers
2 Answers | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Facing child abuse charges with CPS involvement. Need legal guidance.

I'm facing a child abuse case, accused of 3rd-degree abuse, and there's a warrant out for my arrest. CPS has already removed my children from my home, and I'm currently involved in court proceedings with CPS. I haven't consulted with a lawyer yet, but I urgently need one before... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

You will likely need two lawyers. While probably related, a CPS case and criminal case are legally very different with different burdens of proof. What you'll need to do in a CPS case is different than what you'll need to do in a criminal case. Because of that, most lawyers would not be... View More

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Michigan on
Q: My ex was arrested for Assault(x3) and domestic violence, wreckless driving. I need to keep the kids from her?

Domestic was on her new boyfriend, his ex and his parents.

Brent T. Geers
Brent T. Geers
answered on Dec 18, 2024

Depends...were the kids present when this happened? Otherwise, she's got a criminal matter going on that doesn't necessarily have anything to do with the custody and parenting time at this point. If you have concerns about her parenting ability related to these charges, you should address... View More

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: I am getting ready to file a motion to change out parenting time, can I file a temp order at the same time or ask for 1?
Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Michigan on
Q: How do I respond to a complaint to establish paternity while the plaintiff has also been charged with domestic violence?

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

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Child Support, Civil Litigation, Domestic Violence and Family Law for Michigan on
Q: Can my court appionted lawyer lie about a charge, and not answer any questions till you submit your plea to them?

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

Brent T. Geers
Brent T. Geers
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

1 Answer | Asked in Domestic Violence for Michigan on
Q: Do I have a possible case? Please help

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

Brent T. Geers
Brent T. Geers
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

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 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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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 Domestic Violence, Juvenile Law and Family Law for Michigan on
Q: What should I do about my guardianship and lack of support?

I am 17 years old and have been out of my guardian's care for over a month. They won't communicate with me or go to court to change the guardianship arrangement, and they do not provide any financial support. The change was supposed to happen in December. I have ongoing issues with... View More

James L. Arrasmith
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answered on Apr 13, 2025

It’s important to address the emotional and physical abuse you're experiencing as soon as possible, especially since you’ve been out of your guardian’s care for over a month. The first step is to reach out to a trusted adult, such as a teacher, school counselor, or family member who can... View More

1 Answer | Asked in Criminal Law, Child Custody, Domestic Violence and Family Law for Michigan on
Q: Can I file charges for harassment and stalking against my ex-wife in MI?

I am considering filing charges of harassment and stalking against my ex-wife. She uses my daughter to keep tabs on me and becomes verbally abusive towards her when she doesn't comply, calling me a deadbeat and claiming I don't care for my kids. We are currently in the middle of a custody... View More

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answered on Apr 12, 2025

You may be able to file charges for harassment and stalking against your ex-wife if her actions meet the legal criteria for those offenses in Michigan. Harassment involves repeated, intentional actions that cause you distress, and stalking includes behaviors that cause fear or emotional distress.... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Arrested for domestic violence in Michigan after heated text; considering plea and anger management courses.

I was arrested on a domestic violence charge in Michigan after sending a heated text during an argument with my girlfriend, saying I could kill her. In the moment, I didn't mean it and I regret my actions deeply. We have been together for 26 years, have a 23-year-old child, and have never had... View More

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answered on Apr 12, 2025

It’s understandable that you’re feeling overwhelmed by this situation. Domestic violence charges are serious, even if the threat made was not meant to be taken literally. Since this is your first offense and there is no history of domestic violence, you may be able to avoid severe penalties by... View More

1 Answer | Asked in Domestic Violence, Employment Law and Civil Litigation for Michigan on
Q: Ex charged with DV, but concerns arise over workplace interactions and charge dismissal.

My ex is going to court next week on a domestic violence charge related to an incident where he gave me a concussion by pulling blankets I was laying on to the ground. I have video and text evidence of him admitting to what he did and explaining his reasons. After the incident, he repeatedly... View More

James L. Arrasmith
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answered on Apr 11, 2025

You’ve been through a lot, and it’s completely valid to feel overwhelmed by how personal and professional life are clashing. From what you’ve described, your ex’s actions—especially the physical harm, admissions, repeated contact, and threats—are serious and may support the domestic... View More

1 Answer | Asked in Civil Rights, Divorce and Domestic Violence for Michigan on
Q: Harassment and privacy concerns by law enforcement while doing DoorDash in MI

I am a DoorDash driver and believe I am being tracked and harassed by law enforcement. They appear at locations before I arrive, follow me into stores, interfere with my work, and nearly caused accidents. My soon-to-be ex-wife, with whom I'm in divorce proceedings, mentioned things about my... View More

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answered on Mar 27, 2025

I understand how distressing this situation must be for you. Consider keeping detailed records of all incidents, including dates, times, locations, officer descriptions, and vehicle numbers when possible. Taking video or photos when safe to do so can help document these encounters.

You...
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1 Answer | Asked in Divorce, Domestic Violence and Family Law for Michigan on
Q: How to proceed with divorce in a domestic violence situation in Michigan?

I need a divorce from my spouse, as I am in a domestic violence marriage. We have been together for 11 years and married for 7 years. We do not have any joint assets or dependents, and we currently live together. I have reached out to local domestic violence support services. How should I proceed... View More

Brent T. Geers
Brent T. Geers
answered on Feb 27, 2025

Get yourself in a safe place, then file for divorce (and probably a PPO). Simple, but easier said than done, I know. Just keep in mind: safety first.

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