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Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: His wife didn’t call 911 or even for help nor can she remember what happened and her mother did a lot of illegal things

n: My brother was accused of domestic violence against his wife he recorded the entire fight they had up until the point where he left the house. She was drinking and actually assaulted him multiple times physically with a vaccum tube. An article was published in the local newspaper stating he had... Read more »

Brent T. Geers
Brent T. Geers answered on May 24, 2022

How did the police become involved? It is possible for both people to be charged with domestic violence. Whether the video will help him depends on the entirety of the situation; the problem with video is that it only shows a moment in time. If I pummel you, then turn on my video just as you are... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: A officer jumped into domestic abuse fight and got hit by accident I’m facing a felony what do I do ?
Brent T. Geers
Brent T. Geers answered on May 2, 2022

You have a problem. If you were fighting, it doesn't really matter whether you intended to hit the officer or not.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can you be charged for a domestic abuse offense after the crime has been committed?

I was arrested for domestic abuse and awaiting pre trial. If my fiancé tells the courts I was defending myself, can they come back on him?

Brent T. Geers
Brent T. Geers answered on Apr 11, 2022

If your fiance says you were defending yourself, then that implies he was the aggressor. And so yes, he could then be charged with DV.

1 Answer | Asked in Domestic Violence for Michigan on
Q: How am i supposed to go about this case?

Hello. I am currently on probation for Domestic Violence & Felonious Assault with a dangerous weapon.

(story)

I was recently locked up in Monroe County Michigan, from my Fiance. This is all false Allegations, i know for a fact the cop didn't know exactly what was going... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 6, 2022

You are facing a criminal felony charge. Yes, a lot can go wrong. You need to talk with the attorney assigned to you, or retain an attorney of your choice before those court dates, because any attorney is going to need to fully assess the police report and any other evidence there may be before... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: If someone posts some personal health information of yours online without your permission, can you press charges?
Michael Zamzow
Michael Zamzow answered on Mar 14, 2022

Perhaps, but your remedy might be best positioned as a civil action, something along the lines of invasion of privacy or defamation.

2 Answers | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Boyfriend was charged with a felony threat to kill and DV, he honestly does not know how to communicate his feelings

He has problems with what he say he will do but does not not act on them. He did in fact do things that would cause him to have a DV charge but how do we get the charges lesser then what they are, he honestly just needs counseling something that should have been assigned before

Brent T. Geers
Brent T. Geers answered on Mar 10, 2022

Are you the victim? You need to understand that it's very common in domestic violence situations for the victim to say what you're saying. Domestic violence is treated seriously because even though you may feel this way, and know and claim to understand him better than anyone else, the... Read more »

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1 Answer | Asked in Domestic Violence, Family Law and Health Care Law for Michigan on
Q: 1st offense domestic violence on my wife. She just started treatment for mental health. Need no contact dropped now.

I cannot work and a take care of my kids. Ultimately am going to lose our home. Wife just started new meds. It's first offense domestic. No contact is ruining our lifes.

Brent T. Geers
Brent T. Geers answered on Feb 16, 2022

Depending on the judge, she will need to state on the record she wants the no-contact lifted.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Restraining order

Hi my mom got a restraining order against my ex boyfriend the restraining order is in my moms name and her address I’m just one of the names on it and I was a minor when I was on it now I’m an adult and I don’t live with my mom if so person was to contact me would they still get in trouble or... Read more »

Michael Zamzow
Michael Zamzow answered on Feb 15, 2022

I think the only way to know for certain is to have the restraining order reviewed. Remember you always have the ability to contact the police if he is contacting you and has a history with you bad enough that required a PPO. Reminding the police there is a PPO in place might also help them tailor... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: My son was in a dispute with his stepfather and caused him to trip and fall now facing domestic violence charge

My husband doesn't want to press charges but the state of Michigan is involved

Brent T. Geers
Brent T. Geers answered on Feb 3, 2022

Your husband can contact the prosecutor to indicate his wishes in this matter. But once police and prosecutors get involved, it is out of your husband's control as to whether and what charges are brought against your son.

1 Answer | Asked in Domestic Violence for Michigan on
Q: If I had my boyfriend arrested for DV and he goes to his pre-trial court date and asks to go to trial….

Will they summon me (the victim)? And if I don’t show up, will they drop the charges?

Brent T. Geers
Brent T. Geers answered on Jan 20, 2022

Yes, you will need to testify. And there is a statute that allows prosecutor's to use what you told the police. You'll want to be careful about what statements you made and will make, so that you don't end up charged with filing a false police report.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: An ex requested a ppo out of state
Brent T. Geers
Brent T. Geers answered on Jan 9, 2022

What is your question? If you are aware of a PPO or have been served with one, you should act to respond appropriately to the allegations. If it's from out of state, you will likely need to hire an attorney in that state.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Will a DV case be dropped if the victim does not show up?

There was a DV incident and my husband got a summons for it. If I don't show up will he still get charged for the incident? In Michigan

Brent T. Geers
Brent T. Geers answered on Dec 13, 2021

If your husband has received a "summons", he's been charged. The prosecutor will not necessarily drop it if you don't show up - it depends on the severity, how many times, how your husband responded, and his record.

1 Answer | Asked in Family Law, Domestic Violence and Juvenile Law for Michigan on
Q: Can the police make a 14 year old go back to her home, where she says she is being abused? She's at a teen safe-house.

A report has been filed with CPS. Her parents filed a police report when she didn't return home from school. A teenage friend took her to the teen shelter for homeless and run away kids. Her parents and police are there telling her she has to go home with her father, and she's very frightened.

Brent T. Geers
Brent T. Geers answered on Dec 10, 2021

Sounds like this is in the hands of the professionals; I would leave it there. If there's a genuine concern, CPS will take appropriate measures. For your sake, do not involve yourself in this situation in a negative way by having her stay with you.

1 Answer | Asked in Domestic Violence for Michigan on
Q: I’m a victim in a domestic violence case and want to know how i can drop the charges & get the no contact order dropped
Brent T. Geers
Brent T. Geers answered on Nov 10, 2021

You can't get the charges dropped; the prosecutor makes that decision. You also cannot just have the no contact order dropped; that's the judge's decision. Can both happen? Yes; will they because you want them to? Not necessarily.

1 Answer | Asked in Criminal Law, Domestic Violence, Gov & Administrative Law and Legal Malpractice for Michigan on
Q: I have been charged for a misdemeanor. Covid caused court delays and my Jury Trials turned into a pressured guilt fest

I had 3 pre-trial conferences with the Assistant Prosecutor and my lawyer. 3 dates were scheduled for Jury trial of which, 1 turned into another pre-trial. 2 of them were cancelled due to covid but I was still required to show up in front of the judge and it was literally just the judge calling... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 18, 2021

You are not alone. However, the court did not cause you to lose your paid representation; that is between you and your attorney.

1 Answer | Asked in Divorce, Child Custody, Child Support and Domestic Violence for Michigan on
Q: I need a good divorce lawyer but looking for a Pro bono one, I'm disabled and have no income.

My husband controls all financial decisions in our lives. I'm also in poor health I can't drive so that's a problem when meeting lawyers or paperwork I need, husband thinks it's funny.

Brent T. Geers
Brent T. Geers answered on Oct 4, 2021

Contact your county's legal aid office. Your chances of finding an attorney outside of legal aid to take on a divorce case pro bono is slim to none.

1 Answer | Asked in Criminal Law, Personal Injury and Domestic Violence for Michigan on
Q: How do I sue a county?

I was hit in the head with a wooden baseball bat and no one was held responsible even though I know who did it. I almost lost my life

Brent T. Geers
Brent T. Geers answered on Sep 5, 2021

What is your theory that the county government is responsible for an individual's potentially criminal actions? You also need to consider that police and prosecutors have qualified immunity for their actions.

A more effective route to consider might be suing the person you claim hit you.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Will my boyfriends charges of domestic violence get dismissed If I want to drop the charges?

Hello I pressed charges on my boyfriend for assaulting me he got charged with a misdemeanor and a felony.I bonded him out and let him back secretly because there was a ppo placed on him.Well I had... Read more »

Brent T. Geers
Brent T. Geers answered on Jul 27, 2021

The court, prosecutors, and police are not social workers, mental health experts, or relationship counselors. Your boyfriend is charged with a crime; one that you reported, and then went a step further to request a PPO. And it sounds like you did the necessary but hard work there. However, once you... Read more »

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Native American Law for Michigan on
Q: Requesting parenting time because of a move ahead of us and changing my child's residence?

court-ordered to stay in the county unless other parent okays it

we both have legal and joint custody

parenting time is currently not court specified as we live together but don't couple.

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

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: How long does michigan have to schedule a pre exam conference from arraignment date?

It's a misdemeanor charge and he has been arraigned but not able to bond out due to the conditions of the bond. He's been in jail for 20 days and no scheduled date has been set.

Brent T. Geers
Brent T. Geers answered on Jun 22, 2021

Misdemeanors are different than felonies. There is no preliminary exam. He will have a pretrial conference, hopefully soon. Additionally, he can have his attorney file a motion for bond after 28 days.

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