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.
Michigan Divorce - Can my wife take my money, house and cars if she charges with me with domestic violence?
If you're charged with domestic violence in Michigan, and your wife has filed for divorce, you're fighting two uphill battles. Men charged with domestic violence in Michigan do not get the benefit of the doubt from the prosecutor and judge unless they earn it by being proactive and showing how they've reacted since the incident.
Being charged with domestic violence in Michigan does not help your divorce, but it is not the devastating factor that many people assume. Most divorce cases are worked out among the attorneys and yes, a DV charge creates leverage for your wife and her attorney, but in the end the assets, money and finances will be split up and agreed upon. Most divorce cases in Michigan, do not go to trial, so in the end, the DV is unlikely to be a direct factor where a charge is deciding you should get the short end of the stick because you are simply charged with a domestic violence offense.
Your wife will be taking some of your money, some breakdown of cars, home with or without the domestic violence charge - negotiating a divorce settlement is a whole other story. A DV charge should be taken seriously, addressed with your rights protected, all options on the table, but it is not going to sink your divorce simply because you're accused of something in a criminal court.
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