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Michigan Domestic Violence Questions & Answers
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... 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

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
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... Read more »

Jasmine D. Rippy
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
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...
Read more »

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
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
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,... 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
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... Read more »

1 Answer | Asked in Federal Crimes, Domestic Violence and Juvenile Law for Michigan on
Q: If a 17 year old male beat up a 14 year old female, what charges would he receive?
Brent T. Geers
Brent T. Geers answered on Nov 6, 2017

Any charges issued are in the discretion of the local prosecutor's office. Likely, he could be charged with assault. If the female is his sister, other relative, or for whatever reason lives in the same household, then he could be charged with domestic violence. Other charges are possible... Read more »

1 Answer | Asked in Family Law and Domestic Violence for Michigan on
Q: So I have a question about a theoretical situation.

I'm not too sure about Michigan Law, but let's say a mother hits her 13 year old daughter until she bleeds and has bruises all over her legs, etc.

As far as abuse, etc. what would that constitute as?

Brent T. Geers
Brent T. Geers answered on Oct 23, 2017

Not so theoretical...mother could be criminally charged with a degree of child abuse dictated by the extent of the child's injuries. Additionally, this theoretical situation would likely lead to a CPS investigation and abuse / neglect proceedings.

1 Answer | Asked in Family Law, Adoption, Child Custody and Domestic Violence for Michigan on
Q: If the judge that took my children was made to retire because of what he did. Shouldn't it be null and void!!

Shouldn't they have to redo all of the cases that were during that time? I also have where my ex stood up in court and plead guilty for abusing me and stood up in court and said that everyone that called I me lied. He through him self under the bus and explains everything in the letters. Than... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 16, 2017

The answer to your title question is no. Cases are not reheard whenever a judge retires. You have (or had) an opportunity to appeal; that is the appropriate way to address your issues.

1 Answer | Asked in Domestic Violence for Michigan on
Q: What do I need to do to get my case dismissed for domestic violence. It was an over esculated problem. What do I do

I didn't hurt my wife, just tried to push her out the door of our house...she didn't leave, I let her go and left myself. She called the cops and now I have a no contact order with her and am afraid the problem will get much worse if I can't get this dismissed, I don't believe... Read more »

Neil Colman
Neil Colman answered on Sep 17, 2017

Hire an attorney. No one is just going to dismiss the charges, even if your wife doesn't want to prosecuted.

1 Answer | Asked in Domestic Violence for Michigan on
Q: I received a notice to appear in court as the complainant for domestic violence against my husband I don't wanna go
Neil Colman
Neil Colman answered on Sep 14, 2017

Much of what could happen to you if you fail to appear to testify depends on the community in which you live as well as the policies and practices of the court before who cases of this nature are heard. Technically, the fact that you do or do not want to testify is unimportant. You are merely a... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Does it matter that the victim of a domestic case lied after the defendant pleas guilty?
Brent T. Geers
Brent T. Geers answered on Sep 6, 2017

With a guilty plea, the court has the most reliable evidence of your guilt: your own words. To that extent, it doesn't really matter what the victim says. Of the many rights you give up to accept a plea bargain is the right to confront witnesses (in this case, the victim) and the right to have... Read more »

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