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
answered on Mar 21, 2023
Depending on the injuries, it may be possible to speculate as to who was the aggressor.
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
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.
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
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.
answered on Oct 20, 2022
Does your boyfriend know? He's the one that would need to do something about it.
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
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
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
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.
offense date-09/07/2013; Domestic Violence, misdemeanor first offense; bond set, failed to appear, fines imposed, case taken off docket.
answered on Jun 13, 2022
I hesitate about the notation "fines imposed"; that implies there is some sort of disposition on the merits. You really need to contact that court to figure out what is outstanding so you're not surprised in the future. These minor cases have a way of popping up when you least expect... View More
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... View More
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... View More
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.
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?
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.
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... View More
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... View More
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.
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
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... View More
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.
answered on Feb 16, 2022
Depending on the judge, she will need to state on the record she wants the no-contact lifted.
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... View More
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... View More
My husband doesn't want to press charges but the state of Michigan is involved
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.
Will they summon me (the victim)? And if I don’t show up, will they drop the charges?
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.
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.
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
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.
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.
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.
Justia Ask a Lawyer is a forum for consumers to get 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 you and Justia, or between you and any attorney who receives your information or responds to your questions, 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.