Understanding Domestic Violence Laws in Michigan

Understanding Domestic Violence Laws in Michigan

Understanding Domestic Violence Laws in Michigan

Domestic violence is a serious issue that can affect anyone, regardless of age, income, or background. If you are experiencing domestic violence in Michigan, it’s important to know your rights and the laws that protect you. This article will explain the key points of domestic violence laws in Michigan.

What is Domestic Violence?

Michigan law defines domestic violence as a pattern of behavior used to control an intimate partner. This can include:

  • Physical abuse: Hitting, kicking, shoving, grabbing, choking, or any other physical force used to harm.
  • Sexual abuse: Forced sexual contact, threats of sexual violence, or any sexual activity that is not consensual.
  • Emotional abuse: Yelling, threats, insults, name-calling, stalking, or any behavior that causes fear or emotional distress.
  • Financial abuse: Controlling finances, preventing access to money, or sabotaging your ability to work.

Who is Protected by Domestic Violence Laws?

Michigan’s domestic violence laws protect a variety of relationships, not just spouses. You can seek protection under these laws if you have been in an intimate relationship with the abuser, even if you never lived together or were not married. This includes:

  • Spouses or former spouses
  • Dating partners or former dating partners
  • People who have a child together, even if they were never romantically involved

What are the Different Types of Domestic Violence Charges?

The severity of the domestic violence crime will determine the charges filed. Here’s a breakdown of some common charges:

  • Domestic Assault: This is the most common charge for domestic violence. It can include causing physical harm, fear of harm, or offensive physical contact. A first offense is typically a misdemeanor punishable by up to 93 days in jail and a fine of $500.
  • Aggravated Domestic Assault: This is a more serious charge that applies when the abuser causes serious injuries (requiring medical attention) or uses a weapon. A first offense can be either a misdemeanor or a felony, depending on the severity of the abuse. Penalties can range from one year in jail and a $1,000 fine to five years in prison and a $5,000 fine.
  • Stalking: Repeatedly following, harassing, or threatening someone can be considered stalking. This is a criminal offense, and penalties can vary depending on the circumstances.

Protection Orders

A personal protection order (PPO) is a court order that prohibits the abuser from contacting you or coming near you. It can also order the abuser to leave your home and give you temporary custody of your children.

There are two main types of PPOs in Michigan:

  • Emergency PPO: A law enforcement officer can issue this temporary order if they believe you are in immediate danger. It lasts for up to 72 hours.
  • Regular PPO: You can petition the court for a longer-term PPO. A hearing will be held where you will have the opportunity to present evidence of the abuse. The judge will then decide whether to grant the PPO and for how long.

How to Get Help

If you are experiencing domestic violence, there are resources available to help you. Here are some steps you can take:

  • Call 911: If you are in immediate danger, call 911.
  • Go to a safe place: If you can safely leave your home, do so and go to a friend’s house, family member’s house, or a domestic violence shelter.
  • Contact a domestic violence hotline: There are 24/7 hotlines available that can provide support and information about your options.
  • Talk to an attorney: An attorney can advise you of your legal rights and help you obtain a personal protection order.
Macomb Prosecutor issues first charges under new safe storage law

Macomb Prosecutor issues first charges under new safe storage law

Understanding Domestic Violence Laws in Michigan

Macomb County Prosecutor Peter Lucido has filed the first charges under Michigan’s new safe storage law following a critical accident in Warren. An 8-year-old boy allegedly accessed an unsecured firearm and shot himself in the face. The boy’s father, Theo Nichols, now faces a combination of charges, including child abuse, illegal gun possession, and violating the safe storage law.

This incident marks a turning point for gun safety enforcement in Macomb County. The recently enacted safe storage law mandates that firearms be secured with a trigger lock or kept in a locked container. This aims to prevent accidental shootings, particularly those involving children.

“In the wake of this tragic incident, we are reminded of the profound responsibility that comes with gun ownership,” Lucido said in a statement.

Reports indicate the gun used was a handgun stored on top of a kitchen cabinet. The boy reportedly used a chair to climb and access the weapon. Nichols, according to authorities, was also a convicted felon, prohibited from possessing a firearm.

The child’s condition remains critical, highlighting the potential consequences of unsecured firearms.

This case serves as a stark reminder for gun owners in Michigan. The new safe storage law carries the potential for criminal charges in similar situations.

The incident has sparked renewed debate on gun safety. Proponents of the law argue it strengthens safeguards against accidental shootings, particularly involving children. Opponents argue the law unfairly burdens responsible gun owners and restricts their Second Amendment rights.

While the legal proceedings unfold, the focus remains on the child’s recovery. This incident underscores the importance of gun safety and responsible gun ownership. Macomb County’s first enforcement of the safe storage law comes at a heavy price, but it serves as a potential turning point for gun safety measures in the region.

FAQs About Michigan’s New Safe Gun Storage Law

1. When did the safe storage law go into effect?

Michigan’s safe storage law, Public Act 17 of 2023, took effect on February 13, 2024.

2. Who does the law apply to?

The law applies to all Michigan residents who own firearms. It’s important to secure your guns whenever a minor (under 18) is likely to be present in your home, even if they are visiting. This applies to both residents and those carrying a firearm who enter a location with minors.

3. How do I safely store my firearm?

There are two main options under the law:

  • Unloaded and secured with a locking device: This could be a trigger lock, cable lock, or other device that renders the firearm inoperable.
  • Stored in a locked container: This includes gun safes, lockboxes, or other secure containers that prevent unauthorized access.

4. What are the penalties for violating the law?

If a minor gains access to an unsecured firearm and injures themselves or others, the gun owner could face varying penalties depending on the severity of the injury:

  • No injuries: Up to 93 days in jail, a $500 fine, or both.
  • Serious injury: Felony 2 with a penalty of up to 10 years in prison and a $7,500 fine.

5. Are there resources available to help me comply with the law?

Yes! The state offered a temporary sales tax break on gun safes and safety devices purchased after February 13, 2024.

Marijuana grow busted as feds investigations trend in more states

Marijuana grow busted as feds investigations trend in more states

The DEA is investigating international criminal organizations that are operating illegal marijuana grows in about 20 states, including Maine.

The significant electricity usage in a residence, its windows concealed with cardboard, and the scent of marijuana caught the attention of law enforcement, leading them to discover an illegal cultivation operation hidden away in a remote area.

The recent discovery of a home equipped with a concealed grow operation and the subsequent seizure of approximately 40 pounds of processed marijuana serves as a prime example of a troubling trend that law enforcement authorities have been highlighting for years.

This trend involves foreign nationals taking advantage of the legalization of cannabis for recreational or medical purposes in certain U.S. states, using it as an opportunity to produce marijuana for the illicit markets within the country.

The incident symbolizes the ongoing challenges faced by authorities in combatting the illegal production and distribution of marijuana across the United States.

The Drug Enforcement Administration is actively investigating international criminal organizations that are operating illegal marijuana grows in approximately 20 states, including Maine. This information was shared by Attorney Garland Merrick Garland during his testimony before the Senate Appropriations Committee last week, in response to a question raised by Republican Senator Susan Collins of Maine.

Law enforcement officials are diligently pursuing their investigations into the individuals responsible for directing the operations, as well as the destination of the profits.

Michigan wants to study marijuana’s health benefits

Michigan wants to study marijuana’s health benefits

MICHIGAN WANTS TO STUDY MARIJUANA’S HEALTH BENEFITS

When Michigan voters approved recreational marijuana six years ago, they also allocated cannabis tax revenue for research into the health benefits of the drug specifically for military veterans. In a remarkable commitment, state officials dedicated a substantial $40 million to this cause.

Not a single veteran has received marijuana in a trial.

Critics argue that federal restrictions are to blame for the delays in marijuana research. A Michigan study on post-traumatic stress disorder faced obstacles from the Food and Drug Administration, which opposed participants inhaling marijuana, despite it being the primary method of consumption for many veterans.

Additionally, researchers faced significant challenges in acquiring a federally approved marijuana supply for their proposed studies, enduring a time-consuming process spanning nearly two years. Due to legal constraints, they are unable to utilize readily available cannabis from dispensaries.

Consequently, these studies are still several months away from commencing.

In Michigan, veterans like Anton Harb said they believe marijuana holds promise for PTSD treatment and staves off suicidal impulses. He’s a former Army artilleryman who served in Iraq and says marijuana helped ease nightmares, anxiety and depression caused by PTSD.

“Cannabis set me on a path of healing,” said Harb, 41. “I want other veterans to be able to at least make an informed decision.”

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

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Harb has voiced concerns about the slow progress of research. The 2018 legalization of recreational marijuana in Michigan enforced a requirement that generated tax revenue from sales be designated for FDA-approved research.

Since 2021, the Cannabis Regulatory Agency of Michigan has bestowed $40 million in grants upon the University of Michigan, Wayne State University, and the Multidisciplinary Association for Psychedelic Studies (MAPS), a reputable nonprofit organization.

Researchers say the larger trial in Michigan, paid for with a $12.9 million state grant, will study 320 veterans.

The FDA held up the second trial over concerns about inhalation and danger to the lungs in smoking pre-rolled marijuana cigarettes and vaping, as well as THC dosing. In a Dec. 28 letter, an FDA official said the hold would be lifted if the “drug delivery method” changes. MAPS plans to appeal the ruling. The FDA declined to comment, saying the agency’s “ability to discuss pending [applications] is strictly limited by federal law.”

Some experts, including a prominent pulmonologist who has studied the effects of marijuana smoking, say there is no evidence marijuana smokers are at significant risk of developing lung cancer or pulmonary disease like tobacco smokers. But a study published Wednesday found that frequent cannabis smoking may significantly increase a person’s risk for heart attack and stroke.

There is much more to the story —> Read More here at the Midland Daily News

DUI for Alcohol or Marijuana or Prescription Drugs - Fight it

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Homeless advocate Mike Karl attests to the local unhoused population retrieving the bags from a dumpster.

State regulations require that tested marijuana must be completely destroyed before disposal, in accordance with the guidelines set by the Cannabis Regulatory Agency. Additionally, the discarded marijuana samples must be rendered unrecognizable. Failure to comply with these regulations may result in the imposition of substantial fines by the state regulatory agency.

Karl says he is concerned about safety related to the discarded marijuana packets.

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“My biggest thing is, if the homeless are out there, and going through this waste and smoking this stuff, they could get powder mildew in their lungs,” he says. “It could cause medical complications. Who knows what chemicals are in these testing kits that littered all over the ground back there. And it’s making out homeless sick. We have to act. We have to do something.”

Where the bags are coming from, however, is unclear. The bags have the names and license number of various dispensaries on them. A CRA spokesman declined to comment for this story.

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