Misdimeanor Domestic Violence

[gr8]

My question involves criminal law for the state of: MI

Last night my husband was was arrested for domestic violence. There was no physical abuse, but violent threats and a lot of yelling. The neighbors called the police, and they stated after entering that they were able to hear him and it was enough to arrest him.Not long ago I got a call from the prosicuter(??) stating that she was going to charge him with misdimeanor domestic violence. She asked if we plan on staying together and I told her yes. She then informed me that the judge may order him to reside elsewhere at least until the 1st court date. This is very concerning to me since we do have children together and rely on each other for there care. My question is if there is a way to avoid this and if not what would be the penalty for him staying in the house? Thanks in advance for advice.

[aardvarc]

Since you have children in the home, you risk the children being removed for "failure to protect" if an order for him NOT to be there is violated. Courts take threats of violence seriously, and while you might not mind them being yelled at you, the courts and child protective services won't stand idly by and have the children exposed to it. The way to avoid it unfortunately, is to go back in time and have the situation not occur. Since it has, you'll need to wait and see if such an order is actually issued, and if it is, you'll need to be making other arrangements for the children until such time as the order is lifted. However, with that said, if the incident didn't directly involve the children, the order may not include them (only you), and visitation with him in some place OTHER than your home may still be possible. You can ask the prosecutor what the typical order in your local court usually contains.