Family Violence Stragulation, Will I Have to Testify Against My Ex
Office of the Prosecuting Chaser
Domestic Violence in the Court System
We understand that being a victim of a law-breaking can be very difficult for most people. The Prosecutor'south staff stands prepare to guide y'all through the process. We await that you may take questions about the courtroom procedure. The following will respond some questions about how the courts piece of work.
How does the criminal justice organisation work?
First, an Assistant Prosecutor reviews the police report and decides whether to charge the accused with a crime. The victim may meet with a Victim Abet. If a accused is charged, they side by side announced in front of a approximate for an arraignment. At the arraignment, the accused enters a plea of guilty or not guilty. The estimate will then set the bail corporeality and whatever conditions at the arraignment. If this is a felony case, there will be a preliminary examination date set.
The next time the accused comes to court will be for a pretrial or preliminary briefing with an Assistant Prosecutor. They will hash out the facts of the example and any legal bug. The defendant may enter a plea or the instance will be set for trial. A trial can be either by jury or in front of a judge.
Why were charges filed?
Domestic Violence is a law-breaking. The Prosecutor'south Office files criminal complaints against individuals who commit crimes. Typically, nosotros evaluate the crime report, the batterer's criminal history, photographs of your visible injuries or property damages, 911 tapes, medical records, witness statements, prior history of domestic violence, and any other additional information you or others provide. We believe batterers should be held accountable for their crimes.
If this instance goes to trial, all of the data gathered will be used as evidence to prove the defendant is guilty of the charges. In add-on, the police officers who responded to the 911 emergency telephone call, every bit well as any witnesses (paramedics, neighbors, and children), will testify at trial.
Tin I still see the person charged?
When the defendant first goes in front of the judge, they will be arraigned and the judge will fix bond. In well-nigh cases, the judge will order that the defendant have no contact with you or members of your family until the case is settled. The purpose of this bond condition is to let a cooling-off period and to protect You. These bond conditions are court orders and cannot be inverse by anyone other than the presiding judge.
If the judge problems this bond condition, the defendant is not to contact you at abode or at work and not to contact you by telephone, letter, due east-mail, telegram or through someone else. Do NOT contact the accused and encourage them to see you if the judge sets this bond condition. If the defendant is institute with you lot, they can be arrested on a bond violation and serve upward to 30 days in jail. If the defendant violates this order past contacting you, notify the police immediately.
If the accused pleads guilty and there is a no contact order for probation, what does that mean? It means that until they start counseling and you personally request contact, they cannot contact you (but like the bond condition). Often the Prosecutor'due south Office requests "no contact" as office of plea. Why? The goal is to give yous the ability to determine when or if you desire to come across the accused again. If you lot never desire to run into them over again, y'all're protected past the probation condition. If yous desire to give them a risk to start counseling, you tin decide when you desire the condition lifted. You will have to personally visit the defendant's probation officer to request that this condition exist lifted.
Can I get a personal protection order?
You lot qualify if the abuser is your spouse, ex-spouse, or anyone else to whom you are related by claret, marriage, or prior marriage. You too qualify if the abuser is someone with whom y'all take had a kid, with whom yous live or have lived, or with whom yous have or have had a dating relationship. If y'all are disabled, you qualify if the abuser is or has been your caretaker. The police is gender neutral, and so orders of protection are available in same-sex relationships. To obtain a PPO packet contact the PPO Coordinator, Circuit Court Trial Partition, Michigan Avenue Courthouse, 227 Due west. Michigan Avenue, Kalamazoo, Michigan 49007 (Enter the courthouse through the Church building Street entrance, west side of the edifice), 4th Floor, Room 401, (269) 385-6081, Mon through Friday, viii:00 a.thousand. - v:00 p.m. (noon to 1:00 p.m. past appointment).
Can I observe out when the defendant is released from jail?
If you are worried near the defendant being released from jail, please contact your Victim Advocate at the Prosecutor's Office and they will make arrangements to have yous contacted when the defendant is released from custody. Yous must have a current telephone number where you tin can be reached or a bulletin left for you.
When practise I get to speak?
If the gauge volition allow it, you lot may comment at the arraignment regarding bail weather condition. In fact, you may be present at all court hearings merely might not become to talk to the judge. If the instance goes to trial, you will be subpoenaed to show and will exist able to requite testimony to the approximate or jury about what happened.
If the defendant pleads or is found guilty, you accept a right to speak to the guess most sentencing. You may do that in writing, in person, or through your Victim Advocate at the Prosecutor'southward Office. Sentencing tin can be adjourned for 10 days to let you time to make those comments. Recall, you may contact the Prosecutor'south Part virtually the case at any time.
Volition the accused go to jail?
It depends; there is no easy answer to this question. If the accused has never been convicted of an assaultive crime, they volition probably exist eligible for the diversion program. Under the diversion program, they volition need to become to counseling and stay out of trouble while on probation. If they are successful, the charges will be dismissed from their public record; if they are unsuccessful, it will exist on their permanent record.
If the accused has a history of violent behavior, the Prosecutor's Part may recommend some jail time. We may recommend that jail be held "subject area to review" which means that the accused volition not be placed in jail unless they violate probation. Other times, we will ask for jail time initially if we recall the violence was severe enough or the defendant has a history of acting out violently. There are alternatives to jail, including the M-PEP program, electronic tether, and occasionally the jail will allow work release.
What kind of counseling will the accused get?
The prosecutor'southward office will inquire that the defendant go to either a domestic violence or anger management plan. At that place are two domestic violence classes; one is 16 weeks and the other is 26 weeks. If the defendant is a repeat offender, the Prosecutor may ask that they attend the longer counseling program. If in that location were alcohol and/or drugs involved during the assault, nosotros volition nigh likely enquire that the accused accept an cess to see if at that place is a trouble and if and then, ask they attend counseling for that.
Will the court order the victim to get to counseling? The only person the court has under its power is the defendant. That means they tin lodge the defendant to go to counseling, not yous. We recommend that you lot seek counseling. It is important that you, too, understand whether you desire to proceed the relationship. The YWCA offers gratis counseling to victims of domestic violence.
How much does this toll the defendant?
At that place is a cost for probation and the amount depends on how many months the defendant is on probation. There is a toll for the counseling, but if the defendant has private medical insurance information technology is suggested they ask their probation officer to see if individual counseling is acceptable. The costs of probation, fines, and courtroom costs are payable over the term of probation.
Do I have to talk to the accused's chaser?
You are technically a witness in this case and are not required to talk to anyone, but may do and so if you lot desire. The pick is upward to you! If you take questions about what the defendant's chaser is asking you, contact our office and we'll exist glad to speak with you.
Do I have to hire an attorney?
No. You are a witness to the crime. When the defendant abused you, they violated the laws of the State of Michigan. The prosecutor represents the People of the Land of Michigan and prosecutes the defendant for the law-breaking committed.
Why tin't I merely drib the charges?
Information technology is the prosecutor who is pursuing the example, not the victim. Ofttimes, the instance tin can proceed completely without the victim because at that place is other evidence that volition prove what happened.
Occasionally, the victim asks to drop charges assertive they can handle the situation themselves. In some cases, that may be true. Even so, it is very difficult to encourage a batterer to seek counseling for acrimony management and/or substance abuse. They may have bug that they've kept subconscious, fifty-fifty from themselves, for many years and are resistant to change. It is necessary that the batterer take responsibleness for their actions.
Information technology is our goal to reach not just the person who was hit or pushed, simply also to reach out to the children within the household. We believe that by intervening we may begin to prevent them from becoming violent themselves.
What happens if I don't bear witness up to testify?
If you are subpoenaed to testify, you are under a courtroom lodge. If yous don't show up, you may be found in contempt of court. This is between you and the court so what happens depends on the judge. By law, if found in antipathy of court, you could exist placed in jail.
Exercise not presume that the case will automatically be dismissed. Many things could happen: the approximate may detect you in contempt of courtroom for failing to appear, the example could be adjourned and reset for another twenty-four hour period, or the case may go alee without you based on other evidence.
How tin can a victim advocate help me?
The Prosecutor'due south Role has advocates who can help y'all. Advocates can aid you in many ways: obtaining protective orders; discussing a condom plan; finding a prophylactic place for yous to stay; referring yous or your children to counseling or fiscal aid; explaining the court organization; providing information nigh the current condition of the case; and accompanying you to courtroom if you have to testify.
Source: https://www.kalcounty.com/opa/dv/court.html
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