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Michigan Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Domestic Violence for Michigan on
Q: Last June my husband and i got into a disagreement. I left and went to my mom's. The neighbor had called the police.

He told Them where to find me. When they arrived, i was so upset and so angry and just started talking as of i were talking to my brother, not realizing A. That i was giving a statement, even though i never submitted a written one and B. That if i say one thing, they are required to take it a... View More

Brent T. Geers
Brent T. Geers
answered on Jan 14, 2021

You're in a tough spot. As you've seen, the prosecutor can use your statements made to police that day. Once the police get involved, things are then out of your hands. With this being his second offense, it does not surprise me that the prosecutor will want to try this case, or at least... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: I went through 17 and a half years of abuse and it's been 3 years since I got out.

I deal with ptsd and bpd and severe anxiety and depression due to the abuse. Do I have a case and what do I need to do

Brent T. Geers
Brent T. Geers
answered on Jan 12, 2021

Who caused the abuse? It's impossible to determine if you have a case without knowing who and what happened.

1 Answer | Asked in Domestic Violence and Probate for Michigan on
Q: Can I skip the step of reporting observed abuse and file a complaint directly with the Probate Court?

My elderly father's wife suffers from addiction (refuses treatment) and abuses him. I have proof. He would not technically be considered a vulnerable adult but one could argue he is as he allows it to continue. She needs a guardian and court-mandated treatment. I cannot allow this to continue... View More

Brent T. Geers
Brent T. Geers
answered on Nov 18, 2020

I think you should reconsider giving Adult Protective Services a call first. If you filed for guardianship - skipping that reporting step as you say - you'll find that before the court appoints a guardian, there will be someone appointed - a GAL - to investigate and make a report and... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: What do I do my ex filed twice for domestic violence I have never touched her

Both is false she did it to get a place to live and free housing I gave her a ride dropped her off she took 200 of my money went with a drug addict I am with my wife. And my son currently fighting for my kids cause she got them put in foster care I got a warrant in the mail today and don't... View More

Brent T. Geers
Brent T. Geers
answered on Nov 13, 2020

Contact a local criminal attorney who can work with you to facilitate turning yourself in with as little hassle as possible to begin the criminal case process. All this will play out in court now, and if her allegations are baseless, that will come out in the court process. What you do not want to... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Currently charged with a second offense.

Currently charged with my second offense. I don’t know how it’s possible when A. It was self defense. B. I have video evidence of HIM assaulting me. C. I have 5 wounds and photos of them, he has one from when I tried to get him away from me. D. He was in our infant’s bedroom. I was trying to... View More

Brent T. Geers
Brent T. Geers
answered on Oct 23, 2020

For purposes of just getting straight to the point: your first sentence ("Currently charged with my second offense") sort of tells the story.

Nothing will happen until you are arraigned; there is likely a warrant out for your arrest and so it would benefit you to address that now...
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1 Answer | Asked in Domestic Violence for Michigan on
Q: Can a victim of domestic violence get a court appointed attorney ?

I know some one that is victim of domestic violence prosecutor is trying to bully and threatening them because she does not agree with police report and the charge the defendant is charged with .

She can not afford a attorney to help her

And there is a no contract... View More

Brent T. Geers
Brent T. Geers
answered on Sep 27, 2020

No, unless she is charged with a crime, the court will not appoint an attorney. She should remain in contact with the prosecutor's office or their victim/witness service coordinator. The question leaves unknown what exactly she is looking to see happen; I am assuming she wants the prosecutor... View More

1 Answer | Asked in Juvenile Law, Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Can I request that my fourteen-year-old daughter be locked up at the juvenile detention facility? Just for a short time?

Recently my 14 year old daughter has been acting out doing things such as getting aggressive with her younger brother and sisters she ran away this morning when I found her I was able to get her in the car and then she began hitting me and fighting me. What are my options as a parent what can I... View More

Brent T. Geers
Brent T. Geers
answered on Aug 26, 2020

Unfortunately, no, unless you are wanting criminal charges filed against her - which may become your only option at some point.

If you have the resources, you should look into counseling, perhaps even inpatient.

1 Answer | Asked in Domestic Violence for Michigan on
Q: Someone I know hired a defense attorney to fight a domestic violence arrest.

After hiring the attorney, he found out that the attorney is friends on Facebook with the mother of his child, the person the alleged domestic violence was against and not only is he friends with her, but after being hired, he was "liking" pictures on her page. He knew her name after... View More

Brent T. Geers
Brent T. Geers
answered on Jul 30, 2020

I think it's fair for your friend to confront the attorney about this, and provide an opportunity to explain. Many people have Facebook friends who they don't really know, and like pictures that pop up on the timeline with no regard to who is posting. It could be innocent; it could be a... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Michigan on
Q: Why did I get arrested?

I was at my mothers house yesterday and she started swearing at me in front of my kids, I told her to stop and that made it worse. She snatched my phone out of my hands and ran away into the living room where i seen her throw my phone as hard as she could to the ground, i went to to pick it up and... View More

Brent T. Geers
Brent T. Geers
answered on Jul 20, 2020

The arrest decision was made by police based on their initial investigation. No one beside the officers involved can really say how or why other than they obviously thought probable cause existed that you assaulted your mother. It's a decision susceptible to human error in judgment, which is... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: Can you drop chargers domestic violence

My boyfriend hit me

Daniel Hilf
PREMIUM
Daniel Hilf
answered on May 28, 2020

In most jurisdictions, no. It is up to the State/local prosecutor to decide if a charge is pursued against an individual, even if the victim does not want to pursue any type of charges.

1 Answer | Asked in Domestic Violence for Michigan on
Q: I got arrested for domestic violence my son son is with the victim I have not been able to see or contact my son since

The incident he has epilepsy pdd and adhd no one knows how to fill his meds there is a no contact order with the victim

Brent T. Geers
Brent T. Geers
answered on Apr 30, 2020

You will need to have an attorney file a motion to modify bond conditions to allow contact. It would help if your son supported the effort.

1 Answer | Asked in Domestic Violence and Sexual Harassment for Michigan on
Q: What do I do about sexual assault and mental abuse in a previous relationship?

It was in Michigan. I was 16 and he was 24 when it started. It continued for 2 years. He would make me feel guilty for not wanting to have sex and would threaten to cheat on me if I didn’t do things. When he cheated, held a gun to his head and begged me to shoot him when he told me. I tried to... View More

Brent T. Geers
Brent T. Geers
answered on Apr 8, 2020

Hopefully you have removed yourself from this situation. It sounds like your ex suffers some mental illness. Even if so, it doesn't excuse that treatment.

What your question does not indicate is whether you two were legally married. By the ages, I'm assuming not. There may be...
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1 Answer | Asked in Domestic Violence for Michigan on
Q: How can i dismiss domestic violence charges against my husband before the pretrial if my prosecutor is not willing to me
Brent T. Geers
Brent T. Geers
answered on Mar 24, 2020

You can't. Prosecutors make charging decisions, and are the only ones who can dismiss charges. In domestic violence cases, most prosecutors are reluctant to just dismiss charges based on the your wishes. At the least, I suspect they will wait until a scheduled hearing to put on the record that... View More

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Michigan on
Q: If a cps case was opened based on a child’s said abuse and later closed for lack of evidence even with the child’s word

Can I ask for a new investigation because after speaking with several specialists they don’t understand why the child’s word and the defendants history wasn’t enough evidence

Brent T. Geers
Brent T. Geers
answered on Mar 11, 2020

Short answer is no. CPS is like the police; when you call the police, they come out and do an investigation. Sometimes they arrest people, sometimes they give a warning, sometimes they find nothing. The point is that once you call CPS, what and how they do their investigation is up to them - you do... View More

1 Answer | Asked in Domestic Violence for Michigan on
Q: How do I get the prosector to drop the domestic violence case against my boyfriend?

I got into a fight with my boyfriend yesterday and things got violent. I was upset and fearful for my life so I went to the police. Today I am in a very different mindset and do not want to proceed any further with the charges. I do not want him spending any more time in jail than the current time... View More

Brent T. Geers
Brent T. Geers
answered on Jan 5, 2020

Once you involve the police, what happens from there is largely out of your hands. Depending on the facts of the case, the prosecutor and detective may put pressure on you to testify...or they may do as the detective indicated and drop the case.

Although not a part of your question, those...
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1 Answer | Asked in Domestic Violence for Michigan on
Q: How can I get a court order for my husband to go to therapy he has a personality disorder that hurts everyone

He is totally against any therapy and I can no longer explain his behavior to our children

Brent T. Geers
Brent T. Geers
answered on Oct 24, 2019

This cannot happen against his will unless someone petitions for guardianship or for his involuntary commitment, or if criminal charges occur that result in treatment being a part of his probation terms.

1 Answer | Asked in Criminal Law, Wrongful Death and Domestic Violence for Michigan on
Q: My husband was beat to death in our home. Can I sue for wrongful death?

Was attacked and beat to death in our home. No weapon was used just his hands. My husbands skull was caved in. Can I sue the defendant that is charged with the murder?

Gary Kollin
Gary Kollin
answered on Sep 3, 2019

Sue who?

1 Answer | Asked in Employment Law, Personal Injury, Workers' Compensation and Domestic Violence for Michigan on
Q: Can I sue my job for the incident that happened today?

Today at work, I work at Spectrum Juvenile Justice Services and a resident threw urine on me. The resident had already been acting out throughout the week and the punishment for that is he couldn’t come out his room. So during the day someone had to sit at his door to monitor him. That’s what I... View More

Peter N. Munsing
Peter N. Munsing
answered on Aug 24, 2019

You can't sue your job for that. Unfortunately Mental Health workers face assault and abuse but there is little that can be done. If you have a union speak with them.

1 Answer | Asked in Domestic Violence for Michigan on
Q: How do I handle my Domestic violence case?

Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown). My mother called the police. By the time the police arrived the fight was well over and I was given a domestic violence charge. No one is dropping charges and everyone hopes for it to be expunged. I... View More

William Jaksa
William Jaksa
answered on Aug 8, 2019

The best advice is to hire a lawyer. I know that sounds self-serving and you're looking a way out of this, but a decent, experienced criminal lawyer will be able to help. Lawyers deal with these charges all the time, they understand what prosecutors need to consider how to deal with these... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Michigan on
Q: Me (18) and my older brother (23) got into a fight basically a wrestling match (no punches thrown) my mom got scared

With My dad not being there so she called the police by the time they got there the fight was well over and I was given a domestic violence charge no one is dropping charges and everyone hopes for it to be expunged I have arraignment court in a week and wonder how I should handle all this

Gary Kollin
Gary Kollin
answered on Aug 7, 2019

I, for one, am unwilling to spend the time figuring out what is asked when the inquirer was unwilling to write in separate sentences and expects the lawyer to decipher the run on sentence

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