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Michigan Domestic Violence Questions & Answers

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 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...
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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 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 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 you've been... 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 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 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...
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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 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 contact the... 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 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 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.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Michigan on

Q: My husband has anger issues and has been getting increasingly worse.

Most recently, he exploded at my two children (from my first marriage- ages 9 and 11) to the point that they are afraid to come back to our home. (I share custody with my first husband and they are currently staying with him) He yelled at my son (11) that he would "knock him the f**k out". I am in... Read more »

Brent T. Geers answered on Feb 3, 2019

Yes, but PLEASE see a local family law attorney immediately. There are legal and practical consequences to consider that an experienced and skilled family law attorney will know and advise you on.

1 Answer | Asked in Domestic Violence for Michigan on

Q: How do I get help dropping a no contact order

There is a domestic involded but he is in jail right now so inam not in danger and nor do I feel I am even if he was out of jail right. Now

Brent T. Geers answered on Feb 3, 2019

Your first step is to talk with the victim/witness coordinator at the prosecutor's office. You may ultimately need to convince a judge on the record that it should be dropped. Courts take no-contact orders in domestic violence cases seriously and will not just drop it.

1 Answer | Asked in Divorce, Family Law, Domestic Violence and Health Care Law for Michigan on

Q: My estranged husband dropped me from his health coverage while I am under a doctors care. Do I have any legal recourse?

I left the marriage due to domestic abuse and adultery. I snuck away with nothing but my clothes and car, while he was at work. I have been homeless since leaving the marriage but at least I am now safe. He makes a 6-figure income and is in a high-profile position for the City of Battle Creek. I... Read more »

Brent T. Geers answered on Jan 12, 2019

You will need to get about the business of filing for divorce quickly to fully resolve this issue. You may be entitled to free legal assistance considering your financial status and domestic violence allegations.

1 Answer | Asked in Domestic Violence for Michigan on

Q: How long can someone go to jail for first time domestic assault?

Daniel Hilf answered on Nov 9, 2018

This offense carries a maximum jail sentence of 93 days in Michigan. It is recommended to hire a lawyer for this type of case.

1 Answer | Asked in Domestic Violence for Michigan on

Q: Can an individual be held responsible for emotional and mental abuse under DV law?

Brent T. Geers answered on Oct 23, 2018

To some extent as restitution under criminal statutes, and to some extent as part of divorce proceedings. Claims of emotional or mental abuse are highly complex, and so you'd definitely need to consult with an attorney about your particular situation.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on

Q: Fiance being charged with felonious assault and domestic violence against me

About a month-and-a-half ago my fiance and I got into a drunken altercation. I asked the police if I could make a statement at a later time and they said no they needed it fresh in my memory. I was highly intoxicated and wrote things that I didn't mean, now he is being charged with domestic... Read more »

Derrick E. George answered on Sep 12, 2018

I could best answer your questions if you can contact me at(248) 470-4300

1 Answer | Asked in Criminal Law, Federal Crimes and Domestic Violence for Michigan on

Q: If a father and son get into a argument and end up in a minor fight and neither press charges what happens

Cops said the case would be submitted to a prosecutor and the father already has numerous demostic violence offences on his record and a assault on the same son a few years prior... note that there where no serious injurys

Jasmine D. Rippy answered on Aug 8, 2018

If police responded to the incident, they submitted a report to the prosecutor who decides whether or not to bring forth charges based on the evidence presented to him or her. There doesn’t have to be injuries for someone to be charged with assault or domestic violence.

1 Answer | Asked in Domestic Violence for Michigan on

Q: My husband mother kicked in my door, damaged the door, and got in my face. It has been a few weeks since what can I do?

My husband put a hole through my wall and I removed him from my home.My husband's mother came to my home to take him home with her. I allowed my husband back inside due to cold weather conditions. She arrived at my home; I was about to open the door and she kicked it in. She yelled at/threatened to... Read more »

Jasmine D. Rippy answered on May 16, 2018

You can report the incident to police and the prosecutor will decide whether or not to bring criminal charges against her. In addition, you can seek to get a restraining order (personal protection order) against her. This would entail completing the proper paperwork and filing it with the circuit... Read more »

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Michigan on

Q: Should my kids father plead guilty or take it to trial. He wad charged with 2nd degree child abuse.

My son stole my credit card and bought a gun online and failing class and getting suspended. His father disciplined him and left some marks. Cps was called and he was arrested. Hes never had trouble with the law before and no record. What should he do. Plead guilty or go to trial. If he pleads not... Read more »

Jasmine D. Rippy answered on Apr 28, 2018

Child abuse in the second degree is a serious felony charge that carries up to 10 years in prison.

He should plead not guilty at his first court hearing, which will be an arraignment. At that time, the judge will also set the bond amount. It is in his best interest to retain a criminal...
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1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on

Q: see below

My girlfriends step dad attacked her and her mom and was arrested for 2, 2nd offense domestic violence, we all live in the same house but he is not allowed back right now due to his charges. He filed a PPO on myself because I got involved and broke up him strangling my GFs mom. If for some crazy... Read more »

Jasmine D. Rippy answered on Apr 17, 2018

Yes, you would have to leave if he was granted a PPO against you. If you feel that the PPO isn’t warranted, you can seek to terminate it. This involves filing a motion to terminate the PPO with the court and scheduling a hearing date. I would suggest hiring an attorney to do this for you... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on

Q: Going to be ex-wife filed report and have a warrant for my arrest can she drop them I have not talked to nobody

Yes she came to my house trying to get in talk about another woman being here and was going to go after the other person I did not let her in I kept on hold your back until other person got out of the house and left that I let her go but that she was hitting me I kept pulling it back get her back... Read more »

Adam Alexander answered on Apr 11, 2018

Hire a criminal lawyer immediately. Don't talk to anyone, including police, until you have consulted with a criminal defense lawyer. Once you consult with the lawyer, he/she will likely advise you to turn yourself in, (assuming there is a warrant out for your arrest). Based on your question, it is... Read more »

1 Answer | Asked in Domestic Violence for Michigan on

Q: I was arrested and falsely accused of domestic violence.

I have witnesses that saw my spouse at a bar drinking all day and intoxicated. should I subpeona these witnesses for a depostion prior to trial?

Brent T. Geers answered on Jan 4, 2018

If you have a lawyer, you should address this with that person as a matter of trial strategy. But I can tell you that a deposition before trial is unlikely to sway the prosecutor. You will have the opportunity to have your day in court, and that's likely the best time and place for your witnesses... Read more »

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