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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 07-19-2008, 09:59 AM
Chuck3286 Chuck3286 is offline
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Default Domestic Violence in Michigan
My question involves criminal law for the state of: Michigan.
My girlfriend, wanted to tell me about her, affair she had, I told her no I did not want to know anything, the last time we talked, she had told me she did not have sex with this man, Then the other night she asked why I did not want to know anything I said becaus it is over forget it, she kept talking about. So I finally aske her Did you have sex with him, her reply was not at first but, then we did. I called her a Whore, and said I am out of here, I called a taxi and then went into the bedroom to pack my stuff. I was sitting on the floor near a vanity, collecting my things when she waked in and hit me in the back of the head causing my mouth to hit the corner of the vanity, I jumped up and threw her into the corner, she then picked up a 8x10 picture frame, I thought she was going to hit me with it so I punched it, the reaction led me to hit her in the face, I hit her about 5 times and then threw her in to the walk in closet, she yelled from my son, I did not what my son to see the mess so i blocked off the door with a bed, so he could only open it about a foot, My son opened the door, and stuck his head in, I told him to find a phone that there had been trouble and we needed to call the police. I left the bedroom my grilfriend left and went to the neighbors to call 911, about 20 mins. later they showed up. They asked me what happen I told them, that she told me she was haveing sex with another man, I told them that she hit me first, of course the guy always is the one to go to jail which I did. Now I am charged with Domestic Assult. Of course I am going to get a Lawyer but probably court appointed. This is my first offence of DV. but I do have 2 DwI's and a maliciouse distruction of property. I feel she was the instigator I wanted to leave, she fallowed me. My poor son.
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Old 07-19-2008, 10:33 AM
mmmagique mmmagique is offline
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Default Re: Was She the Instagator
I've read this several times and still cannot find a question.

If you hit someone in the face five times, you will almost certainly go to jail.

I too, feel for your son.

~Christina
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Old 07-19-2008, 10:34 AM
Happy Trails Happy Trails is offline
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Default Re: Was She the Instagator
You all should consider counseling and anger management.
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Old 07-19-2008, 11:08 AM
panther10758
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Default Re: Was She the Instagator
Yes I have to agree hitting someone five time or more goes well beyond self defense
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Old 07-19-2008, 12:23 PM
aardvarc aardvarc is offline
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Default Re: Domestic Violence in Michigan
Baracading yourself in the room with the assailant rather than leaving isn't going to shine favorably either (although I understand you not wanting your child to witness the fray). A creative prosecutor could construe such action into a false imprisonment charge with little difficulty.
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Old 07-22-2008, 04:50 AM
wildbrad1488 wildbrad1488 is offline
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Exclamation Re: Domestic Violence in Michigan
ill tell you that i have been through alot and seen alot. Now to the point the judge might order anger management the best thing to do is go to that to show court that your making an effort also the judge might order a no contact order usually for a year unless she asks that id be taken off but there will be one until all your court problems be taken care of. Now when you go for sentencing tell your PD= public defender to ask for a lower charge of disorderly conduct now the next thing if she where to fight for custody she will win because that charge can be used upon you. Now the next thing you will not get self defense. ill define for you (Self Defense) using any alternative action if you thought she was going to hit you witch she did you should of walked away and called the police. in order to get self defense you MUST not strike back no matter what. but i know for sure if your on probation you will go back to jail and if your not you will not get any jail time for sure so dont bother getting an attorney but the judge just might order you not to see your kid for awhile because he will assume its not good environment for the child.. good luck bud
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