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  1. #1
    ginsa is offline Junior Member
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    Cool Penalty For Second Offense Domestic Violence?

    What is the name of your state (only U.S. law)? Michigan

    My ex-husband is facing trial for interference w/ electronic communication, 2 second offense domestic violence charges, and contempt of court-bond violation. I am subpoenaed as a witness bc his victim recanted ( says she lied and forced her child to lie also),and his first offense was against me. He is trying to get the charges dismissed, but failing that will go to trial in Sept. I am wondering how long he may be incarcerated if at all, and how long a "No Contact" order btw he and his new victim will be imposed if he is convicted. Can she be charged with filing a false police report? Can she be charged with perjury if she recants on the witness stand and he is convicted anyway? The case against him is pretty strong. Her original statement to responding officers was consistent with evidence at the scene.

    Thanks

    GinsaWhat is the name of your state (only U.S. law)?
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by ginsa View Post
    What is the name of your state (only U.S. law)? Michigan

    My ex-husband is facing trial for interference w/ electronic communication, 2 second offense domestic violence charges, and contempt of court-bond violation. I am subpoenaed as a witness bc his victim recanted ( says she lied and forced her child to lie also),and his first offense was against me. He is trying to get the charges dismissed, but failing that will go to trial in Sept. I am wondering how long he may be incarcerated if at all, and how long a "No Contact" order btw he and his new victim will be imposed if he is convicted. Can she be charged with filing a false police report? Can she be charged with perjury if she recants on the witness stand and he is convicted anyway? The case against him is pretty strong. Her original statement to responding officers was consistent with evidence at the scene.

    Thanks

    GinsaWhat is the name of your state (only U.S. law)?
    Here's the problem. Judges, police and attorneys do know that often a victim will recant because s/he is scared and/or feels s/he would be in greater danger if s/he is called to testify. They don't necessarily need her testimony at all.

    There are probably more than a few who actually a witness to recant - it happens so often.

    Why exactly would you be wanting to defend or help this abusive man?
  3. #3
    ginsa is offline Junior Member
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    Not Defending Abuser

    I am a witness for the prosecution ( voluntarily ). The subpoena is a formality. He broke my leg in 2006 and got just a few months of probation. I think he deserves to go to jail for this second offense.

    It's horrible what he and "partner" are doing to the child involved. Not only has he witnessed violence against his mother, he is being denied validation of the trauma he has suffered by being coerced to lie. Yuck to both of these people. Both are victimizers.
  4. #4
    Blue Meanie is offline Senior Member
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    Quote Originally Posted by ginsa View Post
    I am a witness for the prosecution ( voluntarily ). The subpoena is a formality. He broke my leg in 2006 and got just a few months of probation. I think he deserves to go to jail for this second offense.

    It's horrible what he and "partner" are doing to the child involved. Not only has he witnessed violence against his mother, he is being denied validation of the trauma he has suffered by being coerced to lie. Yuck to both of these people. Both are victimizers.
    Is the child the victim's and the defendant? If not and you know the father ...could you let him know what is going on so that he can seek custody?
    Edit to add: I also want to commend you on getting involved...It takes a lot of balls to confront and stand up to a a man that hurt you so badly...Good for you !!!
  5. #5
    Proserpina is offline Senior Member
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    Quote Originally Posted by ginsa View Post
    I am a witness for the prosecution ( voluntarily ). The subpoena is a formality. He broke my leg in 2006 and got just a few months of probation. I think he deserves to go to jail for this second offense.

    It's horrible what he and "partner" are doing to the child involved. Not only has he witnessed violence against his mother, he is being denied validation of the trauma he has suffered by being coerced to lie. Yuck to both of these people. Both are victimizers.
    Oh good gods I completely misunderstood what you were getting at - I'm so sorry!
  6. #6
    ginsa is offline Junior Member
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    Wink 2 Victims In DV

    Both the Mother and Child are victims, hence the two second offense charges. Sadly, the Mother is a widow. Her family is extremely disfunctional so the grandparents are of little or no help. They are probably behind her decision to racant anyway...

    If the Mom gets into trouble over this, maybe she will wake up and realize that she has been had. I doubt she knows how much trouble she could be in for perjury. As I understand, a prosecutor has to walk on eggshells in this kind of situation and can't threaten to prosecute her as this could be construed as coercion too.

    I am going to loose my only source of income if my ex goes to jail, but I am thinking of what's best for everyone involved. Going to jail isn't the end of the world...just a change of venue...eh? I am a firm believer in "tough love".
    Last edited by ginsa; 08-05-2009 at 08:15 PM. Reason: I miss read question. The child is by her late husband, not my ex.
  7. #7
    Isis1 is offline Senior Member
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    oh...he'll be getting some lovin'....and it sure won't be gentle.
  8. #8
    ginsa is offline Junior Member
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    Quote Originally Posted by IsabellaSoriano View Post
    oh...he'll be getting some lovin'....and it sure won't be gentle.
    He he he he he he! It would do a lot for me emotionally to see him pay for his crimes. Not that I want to watch....
  9. #9
    Proserpina is offline Senior Member
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    Quote Originally Posted by ginsa View Post
    He he he he he he! It would do a lot for me emotionally to see him pay for his crimes. Not that I want to watch....
    (oh I don't know about that...you could perhaps sell tickets on Ebay for the Pay-per-view event? )

    (yes, I'm still somewhat mortified)
  10. #10
    ginsa is offline Junior Member
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    But seriously...anyone know what kind of time he could do if convicted of all the charges?
  11. #11
    Proserpina is offline Senior Member
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    Quote Originally Posted by ginsa View Post
    But seriously...anyone know what kind of time he could do if convicted of all the charges?
    Do you know under which statute he has been charged?

    ETA: would this help? [url]http://www.mymichigandefenselawyer.com/michigan-criminal-laws/domestic-violence/[/url]
  12. #12
    ginsa is offline Junior Member
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    Quote Originally Posted by Dogmatique View Post
    Do you know under which statute he has been charged?

    ETA: would this help? [url=http://www.mymichigandefenselawyer.com/michigan-criminal-laws/domestic-violence/]Michigan Domestic Violence Laws - Domestic Assault defense in Michigan - MI Criminal defense lawyer | Michigan Criminal Defense Lawyer[/url]
    I'm not sure what statute, just the charges I listed in an earlier post. I checked out the url and it said up to 2 years. My Atty's. secretary said he could get a year and that the Interfering W/Electronic Communication is a Felony. I can't find any specific information on that particular charge. I'm also wondering if being tried for two individual counts of 2nd Offense DV will make it worse for him. Of course, she's recanted and now says that she lied and had her son lie to police 'cause she was "mad at him". Huh, wouldn't put it past her, but I doubt that's the case here.

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