A 35 year old Troy woman left her two children ages 1 and 5 in her vehicle in a parking lot as she went inside to fill out a job application. From a shopping center located at Hamlin and Rochester Roads, observers called the police around 3:30 pm. When the police arrived the woman had just returned to her car, which had one window slightly open. She reported that the children had been asleep when she left them, although they were reportedly crying by the time she returned. Witnesses allege she was inside for more than twenty minutes. The children were taken to a local hospital where it was determined they were safe. They were released to their father’s custody. The potential case is under review by Oakland County Prosecutor’s Office who may issue charges, or may decline to prosecute. It is unclear if she would be charged with child endangerment, neglect, abuse, or another charge.
As part of a larger court of specialized courts such as the Drug Court, or Mental Health Court, Wayne County recently instituted the Wayne County’s Solutions Oriented Domestic Violence Prevention Court. On April 25th, 2011 it heard its first case.
Funded by federal grants, the Court is meant to address the larger problem of domestic violence within families through combining all cases involving the parties which will then be heard by one of three judges who are specially trained in issues of domestic violence.
Cases are selected for referral to the SODVPC at the time a Personal Protection Order petition is filed. If the filing clerk believes there is a high probability of fatality, or the abuse alleged is very severe, a representative will interview the Petitioner to further assess the probability of mortality. If it is considered probable, the Petitioner will be offered the opportunity to transfer the case to the SODVPC.
If it is transferred, all pending cases will be consolidated and heard by one of following Judges: Halloran, Elder, or Kelley. Other than that, the PPO matter will be handled in the same way as usual.
As a new court it is hard to know whether SODVPC will turn out to be advantageous or disadvantageous to a Defendant/PPO Respondent. On one hand, if your case is assigned to SODVPC it means it has been evaluated and found to be very severe. However this does not mean the allegations are true or not. If Petitioner’s claims are false, you stand just as good of a chance of being exonerated in SODVPC as any other court. Additionally, the Judge’s additional training may be to your advantage in rooting out the truth of what really happened.
Have a case involving the Wayne County’s Solutions Oriented Domestic Violence Prevention Court? To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
If you have violated a Personal Protection Order, you could be in real trouble. Courts do not take lightly such a violation, and you could very likely end up spending 93 days in jail for contempt of court. PPO’s are often unrealistic, or fail to take into consideration factors such as children in common. However, even violating these unrealistic or formalistic provisions carries serious consequences. Judges are often hesitant to excuse any violation even if it is harmless or victimless because they don’t want run the tiniest risk of being the Judge who excused a violation for a person who ultimately hurt someone. Judges are always thinking about their re-election campaigns and how they are going to explain their actions to their constituencies. An experienced attorney can negotiate with the prosecutor to attempt to negotiate a plea deal where the charges may be reduced, modified, or even dismissed. Our attorneys have experience these matters and have worked with the prosecutors and judges assigned to your case.
If you have been putting off getting your estate in order, you may surprised when you find out how easy it can be to make a plan for your affairs. A lady bird deed is an option outside of a traditional will where you can convey property on the condition of your death, without losing homestead exemptions, and avoiding probate entirely. This can be a good option for someone who is receiving Medicaid benefits to avoid Medicaid making a claim on your property after you death. The name comes from the fact that Lady Bird Johnson was the recipient of property under this scheme. If you think this type of deed may be a good option for you our experienced attorneys can advise you as how best to draft it to protect you, your family, and your property interests.
There are some other unique estate planning options available to you including a Quit Claim Deed (QCD for short). A quit claim deed is a means to transfer ones interest in property to someone else. There is no warranty of title, so quit claim deeds are often used between family members as gifts, in the case of divorces where one spouse must transfer their interest to the other, and in tax sales. If you think a quit claim deed might be a good option for you and your property, you must consult with an experienced attorney to ensure there are no outstanding issues.
When a child is born, the father generally signs the birth certificate thus “acknowledging” that he is a legal parent. If this does not happen, at a later date both parents can sign off that he is in fact the father. Additionally, if the mother and father are married there is a rebuttable presumption that the husband is the child’s father.
In today’s modern world though, families don’t always look the same. Whether the parties aren’t married, the father was not present at the birth, or the mother withheld information to prevent the father from being aware of the child or the birth sometimes the father does not get to sign the birth certificate. However, if the father does not sign the birth certificate, and has never “acknowledged” the child legally, he has no legal rights to parenting time or custody. In order to regain these rights, one must get the Judge to sign an “order of filiation” stating that you are the legal father. This comes with rights to spend time with your child, and also responsibilities of paying child support. If you wish to proceed and assert your legal right to your children, contact an experienced attorney to discuss the pros and cons with you, and make a motion to the Judge.
Order of Filiation Michigan Family Lawyer: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Mediation has a reputation for being time consuming, expensive, and messy. However, in our practice we have seen the exact opposite. You can pay your attorney hourly to communicate back and forth with opposing counsel for months on end, or everyone can sit down in the same room and hash out the issues in a few hours. The result is often a much faster, less contentious, cheaper, and fair result. When the offices of Garmo & Kiste, PLC handle your divorce we can put you in touch with a great mediator and will attend with you to ensure your interests are fairly represented. The sooner a divorce matter is settled as to the major issues, the sooner it can be entered and you can move on with your life. We are all about finding ways to keep your attorney’s fees low while getting you the best possible result quickly. To retain Garmo & Kiste, PLC call us at (248) 398-7100 for a free consultation or contact us with a private message.
- Meet with an attorney to strategize whether it would be a tactical advantage to be the first to file
- Gather important documents such as tax filings for at least the past two years, bank statements, deeds, etc.
- Try to sequester money or other assets
- Post anything that could be construed as negative about your children, spouse, or that could be used to defame your character on social media sites.
The more amicably issues can be resolved, the faster the process will go, and the less expensive it will be for everyone. For more personalized tips from experienced divorce attorneys contact Garmo & Kiste, PLC.
Unfortunately, having a criminal record, pending criminal charges or an active PPO could disqualify you from military service. Each branch requires applicants to meet rigorous moral character standards. At some point in the process of joining any one of the branches of the U.S. Armed Forces, you will be interviewed and required to write down any arrests, charges, juvenile court adjudications, traffic violations, probation periods, and dismissed or pending charges or convictions, including those that have been expunged or sealed.
Our attorneys have helped numerous clients facilitate their transition into the armed forces despite initial hold ups because of a criminal record, pending criminal charges or an active PPO. So should an expungment be necessary (for more information, click here), should a PPO need to be removed (for more information), or should you need legal counsel to deal with pending criminal charges call Garmo & Kiste, PLC at (248) 398-7100 or contact us with a private message.
Offenses/Moral Behavior Which Could Be Waived:
Minor Traffic Offenses. A civil court conviction or other adverse dispositions for six or more minor traffic offenses where the fine was $250 or more per offense.
Minor Non-Traffic Offenses. Received four or more civil convictions or other adverse dispositions for minor non-traffic offenses.
Misdemeanor Offenses. Those with two, three, or four, civil convictions or other adverse dispositions for what the Army considers to be a misdemeanor offense require a waiver. Waivers are not authorized for individuals with more than four civil convictions or other adverse dispositions for misdemeanor offenses.
Combinations. Received a total of four civil convictions or other adverse dispositions for a combination of minor non-traffic and misdemeanor (for example, 1 misdemeanor and 3 minor non-traffic).
Serious Offense. Any conviction or adverse disposition for what the Army considers a felony, requires a waiver.
Are you dealing with pending criminal charges? Don’t hesitate to call one of Garmo & Kiste, PLC’s attorneys at (248) 398-7100 or contact us with a private message. Your future and career could depend on it.