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Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions.

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Old 09-27-2006, 12:42 PM
Ghidra Ghidra is offline
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Default Assault in Michigan
I was doing a child exhange with my ex wife (she was picking up) here in Michigan on Sunday. She brought her boyfriend with whom she resides with and after some words were exchanged he decided to jump out of the car and confront me. He got into my face and I immediately smelled alcohol...I kept my cool and told them that I am calling 911. The boyfriend ran back to the car and the children were already in their vehicle at this time I had already dialed 911 and started to give the dispatcher my information when my ex wife comes up and grabs the phone from my ear scratched me in the process and proceeds to throw my phone to the ground. I ran to the phone while they left and redialed 911. I explained what had happend and an officer arrived. The officer took my information and told me basically there was NOTHING they would do...he did not even give me a card or a case #. I called first thing monday as I felt like nothing was done and was then told to report to the station today (Wed) by the desk Sgt to get a report...He looked over the 911 dispatch and seemed somewhat surprised that nothing was done at the time... The state police dept Sgt told me that it is a felony to interrupt a 911 call do I have a case here? Thanks, Puzzled in MI
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Old 09-27-2006, 12:48 PM
Happy Trails Happy Trails is offline
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Default Re: Assault in Michigan
Quoting Ghidra
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I was doing a child exhange with my ex wife (she was picking up) here in Michigan on Sunday. She brought her boyfriend with whom she resides with and after some words were exchanged he decided to jump out of the car and confront me. He got into my face and I immediately smelled alcohol...I kept my cool and told them that I am calling 911. The boyfriend ran back to the car and the children were already in their vehicle at this time I had already dialed 911 and started to give the dispatcher my information when my ex wife comes up and grabs the phone from my ear scratched me in the process and proceeds to throw my phone to the ground. I ran to the phone while they left and redialed 911. I explained what had happend and an officer arrived. The officer took my information and told me basically there was NOTHING they would do...he did not even give me a card or a case #. I called first thing monday as I felt like nothing was done and was then told to report to the station today (Wed) by the desk Sgt to get a report...He looked over the 911 dispatch and seemed somewhat surprised that nothing was done at the time... The state police dept Sgt told me that it is a felony to interrupt a 911 call do I have a case here? Thanks, Puzzled in MI
When you said she took the phone from you while you were making the "911" call, I had the same thought as the sergeant.

Was the police officer aware that she grabbed the phone during the call and interrupted a "911" call?

So what did the sergeant tell you?
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Old 09-27-2006, 12:58 PM
Ghidra Ghidra is offline
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Default Re: Assault in Michigan
I explained to the officer that she grabbed my phone while I was making the call and that is how I got the scratch. The Sgt. told me to come in WED (today) which was the officers next shift. Monday am I called the state police to ask a question about the 911 call and he immediately told me to contact the local dept that handled the call and at that time I called the local Sgt and he is the one who told me to come in today, he is also the one who seemed a bit surprised nothing was done So basically I spoke with 2 Sgts. One state and the other local...R

Last edited by Ghidra; 09-27-2006 at 01:01 PM. Reason: not enough info
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Old 09-27-2006, 01:41 PM
Happy Trails Happy Trails is offline
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Default Re: Assault in Michigan
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I explained to the officer that she grabbed my phone while I was making the call and that is how I got the scratch. The Sgt. told me to come in WED (today) which was the officers next shift. Monday am I called the state police to ask a question about the 911 call and he immediately told me to contact the local dept that handled the call and at that time I called the local Sgt and he is the one who told me to come in today, he is also the one who seemed a bit surprised nothing was done So basically I spoke with 2 Sgts. One state and the other local...R

Quoting Ghidra
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The state police dept Sgt told me that it is a felony to interrupt a 911 call do I have a case here?
On what you posted here, it sounds like it. That is why they told you to go in and speak with the sergeant. The facts will be reviewed and then it would be up to the district attorney as to whether or not they will pursue the case.
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Old 09-27-2006, 01:52 PM
Ghidra Ghidra is offline
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Default Re: Assault in Michigan
I guess the only thing I really dont understand is the fact that the on scene officer did not give me ANYTHING...Basically I felt that just because I am a man and wasn't "injured" that it was just going to be brushed under the rug..She obviously was afraid of the police showing up because she had been drinking... Is there anything I can do to help my cause when I speak to the officer and Sgt. tonight? It does not seem right for anyone to take a phone away during a 911 call...Ironically we have a friend of the court meeting at 930 am Thursday any suggestions there?
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Old 09-27-2006, 03:19 PM
Happy Trails Happy Trails is offline
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Default Re: Assault in Michigan
Quoting Ghidra
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I guess the only thing I really dont understand is the fact that the on scene officer did not give me ANYTHING...Basically I felt that just because I am a man and wasn't "injured" that it was just going to be brushed under the rug..She obviously was afraid of the police showing up because she had been drinking... Is there anything I can do to help my cause when I speak to the officer and Sgt. tonight? It does not seem right for anyone to take a phone away during a 911 call...Ironically we have a friend of the court meeting at 930 am Thursday any suggestions there?
You'll probably get an explantation of that tonight. It could be he didn't know...

When you make your report just be honest on what happened. She shouldn't have taken the phone from you and by doing so scratched you. I wonder how much she had to drink.... Although, after the fact, it couldn't be proven anyway.

I can't comment on the "Friend of the Court" meeting. Perhaps someone else will.
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Old 09-28-2006, 06:26 AM
aaron aaron is offline
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Default Re: Assault in Michigan
What's the purpose of the Friend of the Court meeting?
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Old 09-28-2006, 08:01 AM
sparksstacey sparksstacey is offline
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Talking Re: Assault in Michigan
I am also from Michigan you can go to the officers department and tell them you want to file a grievance about the on scene officer. meanwhile the only way the courts work in Michigan is you need to file a parenting time complaint through the friend of court and they will give you a court date. meanwhile you need to make sure you document or write down any occurances that happen and make sure you put the date on it. the court doesn't go just by your word by mouth they like to see documentd information. good luck
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Old 09-28-2006, 09:59 AM
Ghidra Ghidra is offline
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Default Re: Assault in Michigan
Ok update here...

I went to the police dept and the officer said "I told you on the scene that nothing was going to be reported besides my daily report" He then asked me if I wanted a report and I told him yes.. When we first started discussing the whole incident he said "dont call my Sgt. and get things stirred up" I was shocked! So virtually NOTHING besides a general police report is going to come of this at this point... The friend of the court meeting was just a mediation to try and agree on some parenting time changes... That was also a fiasco she denied the fact she has been holding the kids, etc.. etc, so she is going to take me back to court... I currently have my oldest son living with me but the court doesn't have a record of that. I feel as if my hands are tied in a big way! I am a good father and those boys need me.. Any ideas?
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