Domestic Violence DV 41-B Court Mt. Clemens Michigan My Wife Wants To Dismiss and Prosector Will Not Listen

Home » General » Domestic Violence DV 41-B Court Mt. Clemens Michigan My Wife Wants To Dismiss and Prosector Will Not Listen

I have a domestic violence case in Mt. Clemens Michigan and I had a Pre Trial court date last week where I had some court appointed public defender. My wife was there said that it was just a misunderstanding and an arguement that anyone who is married for as long as we have been go though (13 years) and that she was not hurt or anything and wanted to dismiss the case. SHE DIDNT EVEN CALL THE POLICE OUR NOSEY NEIGHBOR DID! The weather was nice finally we had the windows open and the neighbor in Mt Clemens heard the arguement and called the Macomb County Sheriff Dept, they came, talked to both of us for anout 5 minutes and took me to jail. I cannot even go back home while this case is going on because the judge ordered me to have NO CONTACT with my wife at all because apparently their neighbor thought I was beating my wife and charged my with DV. I DID NOT COMMIT DOMESTIC VIOLENCE! How can they charge me? 

We have 3 kids, I work and pay all the bills and I have been sleeping on my friend’s sofa for almost a month now. My wife calls the prosecutor’s office all the time crying and to asks this case be dropped, she wrote letters, and no one will do anything. Its like they are out to screw me over. The lady they gave me as a public defender is terrrible attorney and spent about 2 minutes talking to me at court. She basically said I have to plea guilty, go thorugh months of anger management counseling and pay for it, and also pay almost $2000 bucks in fines to go home and see my family again or I might go to jail for domestic violence.  I have NEVER been in trouble in my life for ANYTHING!  Now I may go to jail and not see my family? 

I cannot believe with all the problems we have in this state and the county being broke (we dont even have a police department in Mt Clemens anymore) that they are going to stick me with this domestic violence charge. And if I do get convicted I can never own a gun again??? I am a hunter and have been deer hunting and rabbit hunting since I was a little boy. This is like a nightmare.

Can you guys please help? I needto have this case dismissed I will not plea guilty to something I didnt do. I’m impressed by what I have read on this website and it seems like you guys are not only great attorneys but actually care about your clients, more than I can say for this bitch laweyer the court stuck me with. I am not rich but if you can take credit cards or have a payment plan I would like to talk about hiring an attorney that (excuse my language) but actually gives a shit that this is ruining my life.

Sorry to bitch but I need help and I am about to just move my family out of state and say screw this I am so frustrated with this domestic violence case and noone seems to help.
Can you help

Comments

  1. Peter A. Torrice on May 8, 2011 at 1:18 pm said:

    This is perhaps one of the most common situations the Michigan domestic violence defense attorneys at Canu Torrice Law encounter with domestic violence (DV) cases here in Michigan. Normal families, normal people, normal couples, and really a normal everyday argument that occurs when you are married or living together for a long time, and what results in someone going to jail when no one was hurt, no one wanted the case prosecuted, and now you are caught up in the criminal justice system on a criminal case.

    These other posts on our website below have addressed your situation with domestic violence, and will likely be very informative to you:

    http://alllegalmatters.com/blog/general/michigan-attorney-domestic-violence-charge-michigan-penalties-jail/

    http://alllegalmatters.com/blog/general/michigan-attorney-for-domestic-violence-charge-need-advice-want-to-drop-domestic-violence-charges-against-my-boyfriend/

    First, know this – THE ATTORNEYS AT CT LAW CAN HELP! Depending on the facts of the case, we can help you get your charges dismissed, we can help you get back with your family, and we can help put this nightmare situation all behind you. We can also help you preserve your 2nd Amendment right to keep and bear arms, and continue to enjoy your right to hunt – which is very important to me as well since I am a Life Endowment Member of the National Rifle Association and a Trophy Life Member of the North American Hunting Club.

    First, it is important to know what the charge of domestic violence really is and what is going on with your case.

    There is a reason that domestic violence is very easy to charge, but difficult to prosecute. Domestic violence is just an “assault and/or battery” between a certain class of people, essentially married couples, family members, people who have children together or are living together. Now an “assault” does not mean that an alleged victim was ever even physically touched, just that the person was placed in fear of being touched. For example, if someone places you in a reasonable fear of an unwanted bodily touching by throwing something at you, but the object never actually hits you or hurts you, or even if someone acts in a threatening or intimidating manner that places you in fear of being touched in an unwanted manner – that is still an assault, and therefore domestic violence. It is often said that battery is the mere consummation of an assault, meaning you were actually hit or touched in an unwanted manner. All a domestic violence charge amounts to is simply an assault and/or battery committed between people who are family, who live together, or who have a child together.

    In Michigan, when a defendant is charged with domestic violence an immediate “no contact” order will usually be entered by the magistrate or judge at the arraignment, which means until further order of the court that defendant charged with domestic violence cannot go back home, or call, text message, send letters, or have any form of contact with the “complaining witness/victim.” This is designed to protect the abused and/or assaulted individual in a domestic violence situation. However, no contact orders are frequently modified by the domestic violence defense attorneys at our law firm if the victim consents and tells the court and the prosecutor that they are not in fear of harm if the defendant has contact with them again.

    The one thing that many people fail to understand is that once domestic violence charges are authorized by the city attorney or prosecutor, the person who is the “victim” in the case has no say over whether the case goes forward or not – it is entirely up to the prosecuting official. This is because the prosecutor, on behalf of the city, township, or state where the crime occurred, is the attorney charging defendant with the crime, and therefore the actual victim lacks the authority to “dismiss” the domestic violence charges.

    Although domestic violence cases can be resolved through a plea where the charges may be kept off your record if it is a true “first offense” situation, it involves a burdensome course of probation that usually lasts at least one year, and usually includes a mandatory period of “anger management counseling.” Unfortunately, probation is time consuming, inconvenient, and often very expensive, and anger management counseling likewise costs money.

    At Canu Torrice Law we represent both defendants AND complaining witnesses/victims who no longer desire to pursue a domestic violence case against their significant other or family member. We have had numerous domestic violence cases dismissed, and we can help you as well so long as you contact us immediately.

    Contact our law firm for a free consultation on your domestic violence charge in Mt. Clemens and we can help you get back home and put this nightmare behind you.

    PETER A. TORRICE
    Canu Torrice Law
    http://www.AllLegalMatters.com
    (586) 285-1700

  2. Newby on May 13, 2011 at 12:58 am said:

    So happy that nosey neighbors can interfere with a marriage and potentially break up a family for something that police call domestic violence but most people call being married. I don’t get how if someone who is the person who supposedly was abused by domestic violence doesnt call it that how someone can still be prosecuted against their wishes. I wish I was an attorney to fight cases like this, good job on defending against stupid laws. I like this website!

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