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Shawn Patrick O'Connor

Shawn O'Connor’s Answers

17 total


  • My Lawyer just quit in the middle of my divorce case, now what?

    We have been dealing with this divorce for almost a year now, ongoing custody battle with a pending child investigation case. My lawyer felt it best that he relieve himself from this case before the custody hearing because he would not fairly repr...

    Shawn’s Answer

    You need to find another attorney right away. Yes, your husband, provided he is employed can be held liable for your attorney fees. Your new attorney will know how to do this.

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  • Is it possible to get a hardship license with having 3dwls???

    I have 1200 tickets and missed court in wayne county for ticket and driver resp fees..is it possible to get hardship license? I need to work and get kids to school.im a single mom and obviously tickets wont get paid at all if i dont work.

    Shawn’s Answer

    I agree with the above attorney. Your focus should be on the Secretary of State and working through a payment plan.

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  • Around how much time will someone get for attempt armed robbery?

    This person has a past gun charge, but he didn't have to do any time for it. In other words he got off from is, but had to be put on probation.

    Shawn’s Answer

    Much will depend of his guidelines. I cannot give you an appropriate number without much more information.

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  • Filing a motion for early release of probation for marijuana probation.

    i just need a rough outline on what to include in my letter to the judge.

    Shawn’s Answer

    I assume this is want you want to do. In that case you much file a motion explaining why the judge should remove you from probation. Much will depend on the judge. It also helps to have all of your fines paid.

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  • If I am ordered to pay restitution and the judge wants to do an income withholding, what percentage can they legally take a week

    I make $10.00 an our right now at 40 hrs a week, I am also going to be requesting a restitution hearing as I feel my former boss is trying to get more money out of me than what I actually owe. Any insight would be great.

    Shawn’s Answer

    Both of the above attorneys are correct as there is no set amount. The only dictates that the court may withhold what is reasonable.

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  • How long can the state of Michigan wait, after a arrest for a felony charge?

    My boyfriend was arrested for domestic violence and felony assult. He spend 48 hours in jail and posted bond. His arraingnement is the 15 in front for the judge!

    Shawn’s Answer

    It appears he has already been charged as he has an arraignment date.

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  • I have guardianship of 2 teens. The judge advised I may want to go for custody to enforce child support orders.

    My question however is in my guardianship it states all parental rights are suspended. I am afraid custody would once again give parents some "rights". But since a judge advised it, I am curious which would be better.

    Shawn’s Answer

    You have two options in the above matter. However, it appears the judge, your judge, is already hinting which option you should take.

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  • Can I get temp custody in this kind of situation?

    I filed to change custody from my ex to myself of our one child. my ex is awaiting sentencing for a violent misdemeanor. court is in a couple of days. my ex has not yet responded to the motion. (does that look bad on her part?) I have a feeling sh...

    Shawn’s Answer

    The answer to both of your questions is yes.

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  • How do you dispute a Personal Protection Order put out against you that's falsified? When is a PPO order in effect?

    Biological father filed a personal protection order against the step father whom the kids stay with that's full of lies and accusations and the step father was never served the ppo order.

    Shawn’s Answer

    A PPO is not effective until served. If it is not served then it is not effective. Once served you will notice that there are instructions indicating how you may object to the PPO. This objection must be filed within 14 days of service and will provide you with the opportunity to dispute the claims made against you in open court.

    The law says that a judge, in order to uphold the PPO, must find "reasonable suspicion" that the defendant poses a danger to the petitioner. It will be the petitioner's burden to prove this suspicion.

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  • Do I need permission from a judge to move my kids out of state?

    I am divorced and have full legal and physical custody. Do I still need permission to move? My ex husband has visitation but only sees kids once a year and there is a support order. He lives 3 hrs away from us and travels for work. I feel moving o...

    Shawn’s Answer

    Yes. Under Michigan law you cannot remove a child 100 miles from her or her "established custodial environment" absent court approval. Mind you, this assumes your husband is not in agreement with the move.

    In essence, you will have to prove to the court that the move will be in your child's best interest. The increased income you alluded to will definitely assists you in making this argument. However, the income increase should be definite and not prospective.

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