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.
Marijuana grow busted as feds investigate trend in more states

Marijuana grow busted as feds investigate 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.

Oregon governor signs a bill recriminalizing drug possession

Oregon governor signs a bill recriminalizing drug possession

Oregon governor signs a bill recriminalizing drug possession into law

On April 1, 2024, Oregon Governor Tina Kotek signed House Bill 4002 into law, effectively recriminalizing the possession of small amounts of certain controlled substances. This legislation marks a significant shift in Oregon’s drug policy, reversing a key provision of Ballot Measure 110 passed by voters in 2020. Measure 110 decriminalized possession of illicit drugs like heroin, cocaine, and methamphetamine, making them civil violations punishable by a fine only.

In a signing letter, Kotek said the law’s success will depend on “deep coordination” between courts, police, prosecutors, defense attorneys and local mental health providers, describing them as “necessary partners to achieve the vision for this legislation.”

House Bill 4002: Key Provisions

  • Recriminalization: Possession of controlled substances in usable quantities for personal consumption becomes a Class A misdemeanor, punishable by up to six months in jail, a fine of up to $3,600, or both.
  • Treatment Emphasis: The bill allocates new funding for substance abuse treatment programs. Law enforcement agencies are encouraged to create deflection programs that divert individuals caught with drugs towards treatment options instead of prosecution.
  • Implementation Timeline: The recriminalization provisions take effect on September 1, 2024.

Background: The Decriminalization Experiment

Measure 110, approved with over 58% of the vote, aimed to address the state’s addiction crisis by shifting focus from punishment to treatment. However, implementation issues arose. Limited treatment resources hampered the program’s effectiveness, and concerns emerged regarding increased public drug use and public safety.

Arguments for Recriminalization

Proponents of House Bill 4002 argue that decriminalization failed to deliver on its promises. They cite:

  • Inadequate Treatment Infrastructure: The lack of readily available treatment options rendered the decriminalization policy ineffective in addressing addiction.
  • Public Safety Concerns: Increased reports of public drug use and associated criminal activity fueled arguments for stricter enforcement.
  • Unintended Consequences: Critics argued decriminalization normalized drug use and discouraged individuals from seeking help.

Arguments Against Recriminalization

Opponents of the bill express concerns that it represents a step backward in drug policy reform. They argue:

  • The Criminal Justice System is Ineffective: They believe criminalization disproportionately impacts low-income communities and people of color, hindering access to treatment.
  • Focus on Treatment, Not Incarceration: Opponents advocate for increased investment in treatment programs over incarceration, which they view as counterproductive.
  • Limited Bill Impact: Critics argue the bill’s treatment funding is insufficient and may not effectively address the root causes of addiction.

The Road Ahead

House Bill 4002 represents a compromise approach, attempting to balance public safety concerns with treatment availability. The success of this legislation hinges on several factors, including:

  • Effective Implementation: Establishing accessible, well-funded treatment programs is crucial to diverting individuals from the criminal justice system.
  • Police Discretion: Law enforcement agencies will need clear guidelines on implementing the deflection programs and how to interact with individuals struggling with addiction.
  • Data Collection and Analysis: Monitoring the program’s impact on public safety, treatment utilization, and recidivism rates will be essential for evaluating its effectiveness.

Oregon’s policy shift reflects the ongoing national debate on drug policy reform. The coming months will be crucial in determining whether House Bill 4002 offers a viable solution to the state’s addiction crisis.

Real Questions from Real Calls

Question: I think I found a bag with some Fentynal in my yard??

Answer: Get far away and call the police. Even though we battle the police in a court of law there is still a need for them. Unless you want to pick it up and find out.

What is Fentanyl?

In 2023 the overdose death rate topped 112,000 in a 12 month period for the first time, according to the Centers for Disease Control and Prevention. Dec 28, 2023 (Still left out 3 days)

 

 

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Marijuana reform advocates demand an apology from Kamala Harris for locking up pot smokers and slam her ‘political hypocrisy’ for now saying no one should ‘go to jail for smoking weed!’

Marijuana reform advocates are urging Vice President Kamala Harris to issue an apology for her past actions of incarcerating individuals for marijuana use and possession. This call for accountability comes at a time when Harris is attempting to overhaul her public image as a compassionate champion of reform.

What’s an apology worth these days?

As a District Attorney of San Francisco, she oversaw more than 1,900 convictions for the use or possession of marijuana according to public records.

Harris also opposed the legalization of marijuana for recreational use until she ran for California’s Senate seat in 2015.

‘She absolutely has no moral authority to speak on this issue whatsoever,’ marijuana legal reform advocate Steve DeAngelo told the DailyMail.com after Harris’ event at the White House.

‘She has no right to speak about cannabis at all except to apologize for her hypocrisy.’

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.

KOMORN LAW (248) 357-2550

During her campaign for Attorney General of California in 2010, Harris took a stance against a ballot proposition that sought to legalize marijuana, resulting in a significant setback for the movement.

Advocates like DeAngelo comprehend the importance of President Joe Biden and Harris emphasizing the popular issue in anticipation of the 2024 election. However, they implore the leaders to take concrete actions that will have a substantial impact.

‘They’re giving out cookie crumbs when they could actually be helping folks in a very serious way,’ Jason Ortiz, the Director of Strategic Initiatives for the Last Prisoner Project told DailyMail.com.

Ortiz said that despite Biden’s 2022 federal pardon of thousands of marijuana convictions, ‘zero cannabis prisoners’ had actually been released from prison as a result of his action.

(The list of pardon applied to individuals already out of prison.)

The Last Prisoner Project is urging for President Biden to exercise his clemency powers in order to release 3,000 federal cannabis prisoners. In April, they plan to organize a protest outside the White House to raise awareness about this critical issue.

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The National Credit Union Administration’s cease-and-desist order emphasizes the need for financial institutions to maintain compliance when providing services to marijuana businesses.

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The Financial Crimes Enforcement Network (FinCEN), a division of the U.S. Treasury, has issued regulations to financial institutions regarding the surveillance and reporting of suspicious activities, including potential money laundering.

The credit union had a manual system, which resulted in the late filing or missed suspicious activity reports.

According to the order the credit union waived its right to appeal and agreed to take the following steps:

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