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Michigan Domestic Violence Questions & Answers
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 charges.... 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 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
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 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
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.

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
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
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
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
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
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
Derrick E. George answered on Sep 12, 2018

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

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