If charged with domestic violence in Michigan, you alone cannot remove a no-contact order. This order is put in place as a condition of your release from jail, because it is too early to know what happened, and in the eyes of the court, it is best that everyone cools off, and there is no additional contact. This may seem extreme to someone who has never been in trouble, had one too many drinks, got into a fight with their wife and the police were called. Now you are banned from your home, your possessions, kids and lifestyle.
If a client desires to remove this order, we discuss it with the prosecutor and the judge - if the "victim" is agreeable to lifting it, the judge will weigh the options. Sometimes a judge does not want contact during the pendency of the case in fear that the person charged will convince the alleged victim to drop the charges or apply pressure at home. While this may or may not be true, the judge isn't quite sure what will happen, so some judges will keep it in place until the case is resolved and the question of the victim cooperating is no longer up in the air.
Many judges will drop the order if both parties want contact on day one, but there's a few that will not do that, and it's in their discretion. No matter the judge, if my client is proactive from day one with alcohol/drug testing and in counseling already, we have more currency to use in our requests - sometimes seeking permission to have contact to allow couples counseling is a way to begin the process of bringing things back together.
If charged with domestic violence, there will be a no-contact order in place on day one. Assuming we can remove than you would be able to return home. During this time as long as your kids were not alleged victims of violence, there are no restrictions against seeing them or talking to them.
The above question would be more relevant if the DV charges were followed by a divorce or a custody filing with the family court. This assume the other parent wants to move to another state than where they currently reside against your wishes. Parents can take kids to different states temporarily and if both parents want to move then sure, anyone can change states, but if you are against this move, what's the likely outcome. This is called change of domicile.
Michigan law prohibits a parent of a child in a joint custody arrangement in Michigan from moving more than 100 miles away from the child's legal residence at the time the custody order was issued. There are exceptions in Michigan cases such as the other parent agreeing or if the original residence was initially 100 or more miles away, and this move actually brings the child closer.
Yes, but an award concerning child support, custody and parenting time in Michigan is always subject to the review by a Michigan court, and can be vacated if the judge finds that the award is not in the best interest of the child. A few things to consider.
First, is there a current custody order or judgment in place?
a. If yes, then the domicile or residence of the child/children may not be moved from Michigan without the approval of the court where the order or judgment was entered. In petitioning the court for a change of domicile, you must show proper cause or a change of circumstances.
Unless any of the following exceptions apply under MCL 722.31(2)-(3):
i. The relocating parent has been granted sole legal custody;
ii. The parents’ residences were more than 100 miles apart when the legal action commenced;
iii. The move results in the residences being closer; or
iv. Both parents consent to the residence change. (Such consent must be as to a specific relocation and not one provided in general terms prior to a relocation plan.)
b. If no:
i. Will the non-relocating parent object?
1. If yes, will the move change the child's Established Custodial Environment?
2. If no, obtain consent in writing (e-mail, text, print, etc.) and GO!
If you're charged with domestic violence in Michigan, the charge alone with no impact your ability to see your children as much as you were seeing them before the incident. Now, if the other parent files for divorce or a custody proceeding against you then a determination will be made on parenting time of the children. The big key in Michigan for parenting time is number of overnights, which is how days are determined.
All parenting time agreements are subject to negotiation between the parties, and very rarely do cases go to trial for a judge to determine the parenting time. It just so happens that many dads assume if they are taken away from their family that they will only see their kids every other weekend. Any dad who has that arrangement, there is a 99 percent chance they agreed to that as part of an agreement. It's my experience that modern day judges value dad's presence even more in their kid's life, and it's in the best interest of the kids to see dad more and more. Don't settle for every other weekend, and you'll do a lot better.
With a DV charge which a custody or divorce proceeding follows, a judge may order temporary parenting time during the case, and with a pending DV charge, the parenting time may be supervised, but any final result is likely to be agreed upon rather than to be ruled on by a judge. So a DV charge has the ability to have a temporary impact on seeing your kids in very specific cases, but no long-term determined outcome; you have the power to determine how much you see your kids, and judges favor more vs less.
If charged with domestic violence in Michigan, there will be a no-contact order in place on day one. That order is subject to being amended by the court, but the alleged victim must agree to this, and the prosecutor must express that to the judge.
If the DV charge is against the kids as the victim, it's unlikely a judge would allow contact during the case, but if it is against another adult, there is nothing in place blocking my client from seeing, communicating with his children even if the order remains in place against the other parent. In this situation, I would ask the judge to accept a nominated 3rd party to facilitate seeing and communicating with the kids. This is usually a brother, sister, mom or dad of my client or the other spouse; the issue is the other parent must agree to this third party, and I've had cases where the other parent is simply saying NO to my nominations in order to jams the screws into my client.
So simply, if we can get the no-contact order removed, you can go to your house and see your kids. If we cannot remove the order, then you can see your kids, but not go back to the house, but if your kids are not able to drive, call, be independent enough to communicate/see you, another adult must be involved in the process. So things can really vary if your child is 3 years old or 17 years old in Michigan.