When will I be allowed back into my house and to see my kids if charged with DV in Michigan?
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.
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