MICHIGAN DOMESTIC VIOLENCE - The Survival Guide -
  • The New Rules of Domestic Violence
  • Divorce/Family Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guide
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • DV Attorney | Arrest Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • DV Attorney | Arrest Clarkston/White Lake Domestic Violence
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • DV Attorney | Arrest Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews

Will my wife be forced to testify against me in a Michigan Domestic Violence Trial? Will she be arrested if she doesn't go? Material Witness Warrant

5/10/2017

 
In Michigan, there is no law that allows a spouse to avoid testifying in a criminal proceeding where they are the alleged victim.  If this spousal privilege existed, it would be difficult to prosecute domestic violence cases if the "victim" wanted to protect his/her spouse and tank the prosecution's case.  This privilege does apply in other areas of the law, even criminal cases, but not when the other spouse is an alleged victim of the other spouse.  

That being said, the prosecutor will subpoena witnesses for a trial in domestic violence, and the star witness will be that spouse victim.  The "victim" may not want to testify, and have even asked the prosecutor to dismiss charges and they were told that is not going t happen.  If subpoenaed, the spouse victim will be ordered to appear in court for the trial, failure to appear is contempt of court and the spouse victim could face major consequences.  

The more important question is whether a prosecutor and judge are willing to consider enforcing that, and taking the steps to take the spouse into custody against their will - this is called a material witness warrant in Michigan.  The law says the following:

When it appears to a court of record that a person is a material witness in a criminal case pending in a court in the county and that there is a danger of the loss of testimony of the witness unless the witness furnishes bail or is committed if he or she fails to furnish bail, the court shall require the witness to be brought before the court. After giving the witness an opportunity to be heard, if it appears that the witness is a material witness and that there is a danger of the loss of his or her testimony unless the witness furnishes bail or is committed, the court may require the witness to enter into a recognizance with a surety in an amount determined by the court for the appearance of the witness at an examination or trial. If the witness fails to recognize, he or she shall be committed to jail by the court, until he or she does recognize or is discharged by order of the court.

I've had judges threaten to issue this warrant in domestic violence cases where the victim either indicated they would not show, or did not appear after the subpoena was served.  I've also had judges and prosecutor say frankly that they were not willing to go arrest and harass a "victim" of domestic violence, and if they did not show, then that was their choice, and the case would essentially be dismissed. 

I've handled DV cases both as a prosecutor and as a defense lawyer all around the State of Michigan; I have a good idea on the courts that pursue these warrants and force victims into court, and the courts that will not pursue this.  It makes all the difference when deciding whether or not to set a case for trial, or pursue a resolution with the prosecutor prior to trial. 



    Picture
    Picture
    Picture
    Picture
    Call Me: 248-924-9458
    Click to Email Me
    Picture
    10.0Jonathan Andrew Paul

    Categories

    All
    769.4a
    Aggravated DV
    Alcohol/drug Testing
    Am I A Bad Person?
    Asset Allocation
    Being Proactive
    Career/Job Concerns
    Change Of Domicile
    Child Custody
    Child Protective Services
    Child Support
    Confession To Police
    Dismissal
    Divorce
    DV Probation
    DV Trial
    Employment
    Female - DV Charges
    Going To Jail?
    Going To Trial?
    Injury Required?
    Jury Vs Bench Trial
    Kids Testifying
    Material Witness Warrant
    Moving With Kids
    Mutual Incident
    No Contact Order
    No-Contact Order
    Parenting Time
    Penalties For DV
    Prior DV
    Pushing/Shoving
    Retirement
    Returning To The Home
    Seeing Your Kids
    Spousal Privilege
    Spousal Support
    Subpoena
    Taking The House Away
    Travel Requests
    Victim Testifying

Picture
Picture
Representing clients charged with a Domestic VIolence in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Genesee, Macomb, Ingham, Lenawee, Livingston and Oakland County. 
Email Me Now
  • The New Rules of Domestic Violence
  • Divorce/Family Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guide
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • DV Attorney | Arrest Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • DV Attorney | Arrest Clarkston/White Lake Domestic Violence
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • DV Attorney | Arrest Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews