Ask a Question

Get free answers to your Domestic Violence legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Contracts, Domestic Violence, Identity Theft and Libel & Slander for Michigan on
Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?

I have my warranty deed, as well as the warranty deed of the woman I purchased my home from before Matthew and I were even married. In our divorce it states we have no claim to any belongings or property of the other. Also in decree, this will come up later, I had my last name legally changed back... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 29, 2023

A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the... View More

1 Answer | Asked in Cannabis & Marijuana Law and Domestic Violence for Michigan on
Q: Can I get a medical marijuana card and use in wayne county michigan while on probation for misdemeanor domestic violence

I'm fighting a false charge of misdemeanor domestic violence that I was put on probation for. I want to know if I can get a medical marijuana card so that I can use marijuana edibles for pain and sleep purposes, while I am on probation without getting in trouble.

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2023

In Michigan, medical marijuana use is allowed under state law for qualifying patients with a medical marijuana card. However, if you are on probation, the rules can vary, and it's important to consult with your probation officer or legal counsel to determine how using medical marijuana may... View More

1 Answer | Asked in Domestic Violence, Divorce and Family Law for Michigan on
Q: I want to sue my husband for domestic violence. I have proof of pics, voice, police report. but how do I start?

I was just thinking about divorce with him but, now I want to sue him for mental, physical as well as financial abuse. I moved from 30 years home town NJ to Michigan 2 years ago just to support he's new job. He hated my entire families and friends and end up I kind of stop talking to them and... View More

Brent T. Geers
Brent T. Geers
answered on Jul 3, 2023

Best way to get started is to consult with a local divorce attorney and get the process started. While there is some precedent for suing a spouse for intentional torts, your situation may better support a cause for spousal support.

Keep in mind that Michigan is a "no fault" state...
View More

1 Answer | Asked in Domestic Violence, Child Custody and Family Law for Michigan on
Q: After being abused reporting to the police and an arrest is made who is responsible for the children?

Can the abuser dictate where the kids go?

Brent T. Geers
Brent T. Geers
answered on Jun 9, 2023

In all cases where children are involved, whether as victims or witnesses, the police would contact Child Protective Services (CPS). That agency is responsible for the investigation, removal, and possibly placement of children in abusive or neglectful situations.

If a parent is arrested...
View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: In Michigan what would be ground for dismissal on a domestic violence case?

What would be ground for automatic dismissal on a domestic in Michigan?

Brent T. Geers
Brent T. Geers
answered on May 30, 2023

There is no "automatic" dismissal. Depends on the facts and a witnesses' willingness to testify.

1 Answer | Asked in Libel & Slander, Criminal Law, Communications Law and Domestic Violence for Michigan on
Q: I’m looking for an attorney to help me stop harassment- threatening (position as a mother)-mental abuse- lies- defaming

I just filed a ppo and 3rd parties against my ex that we have 2 previous domestic violence but I dropped in 2010 bc the court didn’t do anything after he broke his ppo 4x and the 2nd I didn’t show from fear etc. I want to press charges against both my ex and his girlfriend and will show up this... View More

Brent T. Geers
Brent T. Geers
answered on May 17, 2023

You should contact your county prosecutor's office. You should also contact the police concerning any new allegations. Whether the prosecutor will "reopen" the 2021 case is discretionary and will depend on how they feel they can prove that case. Whenever you don't show up,... View More

1 Answer | Asked in Domestic Violence and Sexual Harassment for Michigan on
Q: So basically I sexually touched and 13 year old girl and I thought she was 15 and- (more information)

So to my knowledge it was consensual and I never heard her say no, also I’m 16 so what the chance I go to jail

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2023

Too many unanswered questions to give you an adequate answer. And you shouldn't give more details on a public forum like this. For now, just know that what could or will happen depends on the nature of the sexual touching.

1 Answer | Asked in Domestic Violence for Michigan on
Q: What if the alleged DV victim is actually the aggressor?

My husband and I were involved in an altercation. It started with him taking my cell phone from me. I followed him to get it back and told him I’d leave if he returned it. I reached for his hand and the result was me being repeatedly hit and shoved. All while I was only after my phone and keys.... View More

Brent T. Geers
Brent T. Geers
answered on Mar 21, 2023

Depending on the injuries, it may be possible to speculate as to who was the aggressor.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Chances of dropping DV charges

I am a defendant of DV case, Incident happened due to an heated argument and got into minor physical, After 2 days my wife friend call 911 and lodged the complaint and there were some bruises on my wife hands and they arrested me and filed DV case. Now my wife is ready to drop the charges and i am... View More

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2023

Unfortunately, it's not a simple matter of telling the court "we're good". Your wife can express her thoughts about going forward to the prosecutor. Depending on the facts of the case, even that may not result in charges dropped.

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: How does a DV report affect the defendant, if no charges were pursued or filed by the victim ?
Brent T. Geers
Brent T. Geers
answered on Feb 17, 2023

I cannot tell exactly what you mean by the question. Are you saying a report was made to police and charges were not initiated? If that's the case, then the effect of the police report is minimal. Anyone can file a police report on just about anything; just filing a report doesn't mean... View More

1 Answer | Asked in Family Law and Domestic Violence for Michigan on
Q: Can a parent video tape

My ex-husband was picking up our son at my house as a parenting time exchange.( he did not get out of his truck) Isn’t it against the law to videotape without permission on one’s property?

I feel violated that he felt the need to videotape me at the door and my house. This person also... View More

Brent T. Geers
Brent T. Geers
answered on Dec 19, 2022

It's not necessarily illegal to videotape on someone's property and what's otherwise in public view. You can tell him to stay off your property, but nothing stops him from recording from the street. If you feel harassed or intimidated, you can seek a PPO.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Is this domestic violence? Husband locked me out of our marital home, moved another woman in. I have no access to bank

No communication or warning he didn’t file for divorce. For over a decade, he has been a serial cheater and psychologically cruel He has several bank accounts I don’t have access to. He left me stranded with broken down van. I have several health conditions prevent me from working. I’m... View More

Brent T. Geers
Brent T. Geers
answered on Dec 9, 2022

You need an attorney. Please consider your local legal aid office as they may be able to assist. I am sure he very much would like you to settle everything without attorneys; doing things without attorneys sometimes works when there is trust and open communication. As you can see, his verbal... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: Going to trial for DV. Victim (my girlfriend) isn’t showing up but a witness said in report she didn’t see it is.

Going to trial for DV. Victim (my girlfriend) isn’t showing up but a witness who put in her police report that she didn’t see anything is showing up. Should be I worried.

Brent T. Geers
Brent T. Geers
answered on Nov 26, 2022

Hard to say. Based on what you're saying, I'm not sure what relevant evidence this witness would be able to testify to that isn't hearsay. The prosecutor can, in some circumstances, use statements your girlfriend made to police, however.

You should also realize that it can...
View More

1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: Please Help! My Mother's abuser was released from prison today. He is extremely dangerous, nearly killing her twice.

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... View More

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

She should contact the parole board and probably the county prosecutor's office. She may also want to see about getting a new PPO.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Michigan on
Q: What is a red flag 2 a judge/ref w/case of CPS/criminal histories? Do other agencies investigate & report back?
Brent T. Geers
Brent T. Geers
answered on Oct 28, 2022

A CPS history will always raise a red flag. Criminal histories? Possibly, and depends on when and what happened.

A judge's concern is always the best interests of the child, and will interpret any CPS or criminal history with that in mind. It's not uncommon for BOTH parents to...
View More

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Michigan on
Q: I live in a market rate cooperative and own my townhouse. I was recently granted a PPO on an employee of the cooperative

That I was dating for the last 5 years. I alerted the BOD and management of the PPO and they haven’t responded, just saying that they have received copy of PPO. When I asked if he was working because I wanted to drop by the office they told me it was employee confidentiality and taunted me. I... View More

Brent T. Geers
Brent T. Geers
answered on Oct 22, 2022

Your former boyfriend is responsible for adhering to the terms of the PPO; not the employer, who has no more obligation to you than to him. It is unreasonable to expect an employer or cooperative to manage what is a personal legal issue between you two.

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: My mom threatened to kill my boyfriend, what do I do?
Brent T. Geers
Brent T. Geers
answered on Oct 20, 2022

Does your boyfriend know? He's the one that would need to do something about it.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Court tomorrow for domestic violence NEED ADVICE

Last year same exact thing happened but she didn’t show up so it got dismissed. So this is technically second one and it’s vs the state not her…. Should I take plea deal for probation or go to trial?? I know she will not show up if so but since it’s vs the state idk! Please help it’s... View More

Brent T. Geers
Brent T. Geers
answered on Oct 1, 2022

While this answer may be a little late for you, it's worth answering for anyone else in a similar situation.

The decision to go to trial is yours alone, and should be based on the strengths and weaknesses of your case and explained by your lawyer. It's foolish to go to trial...
View More

1 Answer | Asked in Domestic Violence and Criminal Law for Michigan on
Q: Will I go to jail right away when I turn myself in for a DV charge with no bond set? My fiance was the aggressor.

I left the night of argument before it escalated. I left and went to my fiance sisters. Meanwhile my fiance walked to her mom's cuz I took the car. Her mother called police cuz she bruised her knee from kneeing a door. No charges pressed. I went home following day. A month later was visited... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2022

Not going to be thrown out just yet, perhaps. When you turn yourself in, a bond will be set; be prepared to post or have someone ready to post on your behalf. It would be wise for you to retain an attorney immediately to help you through this process.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.