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Michigan Domestic Violence Questions & Answers
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 at/threatened to... 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, it is... 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 witnesses... 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 depending... 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 I... 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 she wanted to let it... 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 the... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: something happens to me if i refuse to appear in court about domestic violence against my husband?

my husband went to jail, because of domestic violence. then we suppose to go to the court, but I don't want to go, because I want to drop that case. if I m not appear to the court, something is going happens to me?

Neil Colman
Neil Colman answered on Jul 19, 2017

If you receive a subpoena, that is a court order. If you fail to abide by a court order you can be held in contempt of court and incarcerated. You are only a witness. You have no options with regard to whether or not your husband is to be prosecuted. I suggest your husband retain an experienced... Read more »

1 Answer | Asked in Domestic Violence for Michigan on
Q: Hi! My sister and I got into an argument over clothes and it lead to her and I arguing and pulling hair

And being pushed to the floor both of us and I threw glass on the floor and she called the cops on me and I was the more aggressive one so they took me in for 48hrs in a holding cell. my record is very clean I've only had 1 speeding ticket from 3 years ago and no criminal record at all so they... Read more »

Neil Colman
Neil Colman answered on Jun 5, 2017

Ask your lawyer, not strangers.

1 Answer | Asked in Domestic Violence for Michigan on
Q: caught a strangulation ,domestic battery while on bond i got arrested again motion to revoke bond was filed

will i go to jail?

Neil Colman
Neil Colman answered on May 16, 2017

I certainly would think so, especially if you were on bond for another domestic violence. If bond is revoked, you certainly will be going to jail.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Michigan on
Q: My wife and i got into an argument and i called the cops. I wasn't to drop the charges.

There are picture evidences of her slashing my tire, minor cuts on me. I also threw away some of her wardrobe stuff since i knew i couldn't touch her. She talked too much to the cops that she did it. I know she didn't mean it. I was scared. But i don't want her to have no problems.

Neil Colman
Neil Colman answered on May 9, 2017

Generally speaking, once police respond to a domestic violence scene and charges are then filed, you, as the victim, become only a witness. You have no control over dropping the charges. Then again, whether you may be able to drop the charges could depend upon where you live. You can always contact... Read more »

1 Answer | Asked in Criminal Law, Civil Litigation, Domestic Violence and Juvenile Law for Michigan on
Q: Can I get in trouble for speaking explicitly with a minor in Michigan online?

I was involved in an email chain that was explicit for ONE line. I posted an ad on craigslist looking to hook up with a woman. I received an email from someone. I said something explicit. Then someone replied and stated that I sent the message to a minor. I replied that I had no idea and I... Read more »

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 5, 2016

I'm not sure what is the connection between the chain email and your ad. Nevertheless, most likely, your action. May be the subject of a crim investigation investigation.

1 Answer | Asked in Criminal Law, Constitutional Law, Domestic Violence and Municipal Law for Michigan on
Q: Me and my neighbor got into a argument exchanged some words, and he told the cop's that I bumped him n got spit on him.

I left before he called cop's. What can I be charged with? The whole argument was over a loan and he tried to sell my 100.00 debt to someone we know.

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Aug 2, 2016

You can be charged with assault and battery. That crime is a misdemeanor and is punishable by up to 90 days in jail.

1 Answer | Asked in Criminal Law, Domestic Violence and Federal Crimes for Michigan on
Q: Hi my boyfriend has two felonies. He's facing his 2nd domestic. Will he be locked up for a long time?

Domestics are a year apart. Felonies are Felonious assault and a drug related felony.

Mr Scott Marshall Neuman
Mr Scott Marshall Neuman answered on Jul 25, 2016

Each successive offense increases the chances for incarceration. Therefore, your boyfriend is likely to be sentenced to a minimum of some jail time.

1 Answer | Asked in Domestic Violence for Michigan on
Q: My kids father and i got in a domestic voilence situation can they convict us both?

Police were called he wasnt here when they arrived, they took my statement on which i was honest i had hit him too to get him away from me. They stated theyd send the info to the prosecutor and see where they go from there. He has a background, i dont. They said either he will get a warrant, i... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Nov 5, 2015

If the prosecutor decides to prosecute you for domestic violence (because it looks like your use of force was not justified), you might be charged. Whether you have retained an attorney for this probably won't make any difference as far as arresting you is concerned, but ask the attorney to be... Read more »

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