The court, prosecutors, and police are not social workers, mental health experts, or relationship counselors. Your boyfriend is charged with a crime; one that you reported, and then went a step further to request a PPO. And it sounds like you did the necessary but hard work there. However, once you... View More

You will likely need to file a motion with the court if there is no agreement. If the child is in school, the staying parent will likely be granted primary physical custody.

Misdemeanors are different than felonies. There is no preliminary exam. He will have a pretrial conference, hopefully soon. Additionally, he can have his attorney file a motion for bond after 28 days.

Depends...police reports are not evidence, but if what happened is markedly different from what you reported, you could be charged with making a false report. It is, however, not uncommon that witness or victim testimony differs from what was in the report. Expect the prosecutor to try to reconcile... View More

Absolutely you can. But if you are unwilling to testify again, the same result might happen.

File a police report and see. Depending on what they find, they could recommend a number of criminal charges to the prosecutor, who is ultimately the decider of who gets charged with what. Your boyfriend may also consider applying for a personal protection order.

Possibly. But Michigan is a no-fault state: all either person needs to say is that there's been a breakdown of the marital relationship. If you were to pursue a civil lawsuit for abuse, those videos may be more necessary. But the best evidence, of course, would be a criminal conviction.

The reality is that once police and the prosecutor get involved, you lose control over what happens. You can be compelled to testify, and if it comes down to it, the prosecutor will request a material witness warrant for you.Will they do it? Who knows. A lot depends on not only what your fiance is... View More

You may want to contact Adult Protective Services for referrals to community resources - including attorneys - that might help. You will likely either need to force a sale of the home or get him to agree to have his name removed from the home. I'm not sure what you mean by the restraining... View More

Are you actually charged with a crime? If so, what you have recorded should be presented, through your attorney, to the court.

Can you sue her? Possibly. But without actual prosecution, I'm not sure what grounds you would have. If you weren't arrested, it sounds like the police... View More

Sounds like you have all the evidence you need to determine whether you should continue to be involved with this person. For now, keep what you have in case you need it later. Just know that you continue to engage in a back-and-forth, the court may have equally as short of patience with you as with... View More

You must appear as ordered by the subpoena. "Pleading the fifth" is a lot more complex than most people realize, and it's absolutely not the case where you can just go into a courtroom, say you're pleading the fifth, and just walk out while everyone shrugs their shoulders. If it... View More

A motion would not be the proper vehicle. The victim needs to contact the prosecutor's office, or if it has one, specifically the victim / witness coordinator. Some judges will want the victim to state it on the record, and usually during a plea or sentencing. But keep in mind that the judge... View More

What record are you looking at? It's possible and likely that an arrest record remains even when charges are dropped or expunged.

Your husband will likely face a new criminal prosecution, as well as a probation violation. The court will likely impose a no contact order to prevent him from having contact with you, if he is able to post bond. If he is unable to post bond, he will remain in custody throughout the court... View More

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

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

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

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

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... View More