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  1. #1
    Join Date
    Aug 2010
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    Post Domestic Violence and Pregnancy

    My question involves criminal law for the state of: Michigan



    What happens if a man who persistently pressures a woman into having an abortion eventually, as she resists his pleas, resorts to physical violence (i.e. he punches her repeatedly in the abdomen). that does not result in miscarriage.
    However, bruises, emotional upset, and general fear of what he may or may not do to her remain.
    Also, as the incident took place, the man's child wasn't within in visible but within audible distance of what had happened. In the end, out of fear, etc...a late-term abortion was had.
    If charges are pressed, what punishment would be in store for the said man? Also, what possible effect would such have (if any) in regards to his custody over his child?

  2. #2

    Default Re: Domestic Violence and Pregnancy

    Only a woman can consent to an abortion. Not sure that the father can face any issues on this one.

    In this case, I have to ask, why didn't the woman leave and find safe shelter? If the father/partner is physically abusing the mother, steps need to be taken to assure her safety. I know how hard that is since I've been here, but the guy NEEDS to be dumped and protection sought for the good of all involved.

  3. #3

    Default Re: Domestic Violence and Pregnancy

    Quote Quoting jasmina1234
    View Post
    What happens if a man who persistently pressures a woman into having an abortion eventually, as she resists his pleas, resorts to physical violence (i.e. he punches her repeatedly in the abdomen). that does not result in miscarriage.
    Pressuring for an abortion (or anything else for that matter) isn't a crime - so nothing happens there. Physical violence against her, and the unborn child, are serious crimes (and can count as TWO charges of DV), but what happens regarding them depends very heavily on how timely she filed a police report about the battery, the level of injury that was documented, and any potential witness statements. If you're talking about now reporting something that happened days or weeks ago, the probabilities of a conviction on a substantial charge begin to nosedive. If there is still physical evidence of the battery, then those injuries need to be documented by a medical professional and law enforcment IMMEDIATELY. Self-documentation isn't going to fly in court and is usually useless to the prosecution.

    However, bruises, emotional upset, and general fear of what he may or may not do to her remain.
    Three items: "leave him", and "restraining order", and "safety plan". Contact your local domestic violence program for help in all of these.


    Also, as the incident took place, the man's child wasn't within in visible but within audible distance of what had happened. In the end, out of fear, etc...a late-term abortion was had. If charges are pressed, what punishment would be in store for the said man?
    It depends on the level of crime charged (could be either a misdemeanor or a felony, depending on circumstances) and whether or not there is either a plea bargain made or there is a conviction in criminal court. Punishments could range anywhere from the low end of anger management class and probation, all the way up to prison time, and anything in between. Ultimately it'll depend on the exact charge that the state brings and the outcome of plea or trial.

    Also, what possible effect would such have (if any) in regards to his custody over his child?
    An arrest, and particularly a conviction, would give the child's mother excellent ammunition to request a change in custody. CPS may open an investigation once a police report is filed, but those wheels turn slowly if police weren't summoned to the scene at the time of the crime.

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