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Ex girlfriend assaulted my wife during child exchange, is this considered domestic violence? (MI)

My children's mother came to pick up our children, tried to start a fight in front off our two boys and my step daughter, my wife asked her to stop yelling, so when she refused my wife shot the door. My ex pushed it open and attacked my wife with the kids present. Does this fall under the umbrella of domestic violence? We're in the middle of a heated custody battle, I have primary due to her drug issues... should my wife get a ppo? She drives them to and from a lot when i work, will this just complicate things?

Child custody Domestic violence and child custody Criminal charges for assault and battery Domestic violence and criminal charges
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Asked in Lansing, MI | Nov 27, 2013 | 4 answers
Answer
David B. Carter Jr.
David B. Carter Jr.
Criminal Defense Attorney in Charlotte, MI
4.7142857142857 stars
14 reviews
Rating: 10
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Posted on Nov 29, 2013

Yes she should. You may want to bring a Motion in front of your Judge also.

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Jeremy Erskine Henner
Jeremy Erskine Henner
Criminal Defense Attorney in Grosse Pointe Woods, MI
5 stars
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Rating: 8.0
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Posted on Nov 28, 2013

Sounds like MCL 750.81, Simple A&B. They lack the proper relationship to be DV charge.

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Answer
Kelly G. Lambert III
Kelly G. Lambert III
Criminal Defense Attorney in Grand Rapids, MI
4.5 stars
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Posted on Nov 27, 2013

Mr. Harris is correct, this sounds like assault. Were the police contacted about the incident?

You have a few options. A PPO is possible; however, you typically need 2 incidents at the very least where you have been threatened by her. Be very detailed and factual in your accounts, and make it very clear that there was a direct threat to safety.

If police were called, it could possibly fall under the domestic violence umbrella and they/the court would likely issue a no contact order.

At the very least, the issue should be addressed in the current legal battle. It may help by changing the exchange locations to a public, neutral location such as a McDonalds, or even a police station. If you do not currently have an attorney helping you, I would advise you get one.

Kelly G Lambert III

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Robert E. Harris Jr.
Robert E. Harris Jr.
Southfield, MI
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Posted on Nov 27, 2013

You named it properly, its assault, and battery. Wife can get a ppo. Whether it complicates matters, I don't know.

The above response is general information ONLY and is not legal advice, does not form an attorney-client relationship, and should NOT be relied upon to take or refrain from taking any action. I am not your attorney. You should seek the advice of competent counsel before taking any action related to your inquiry.

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