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FAQs on Domestic Violence in Michigan: Understanding the Legal Landscape Domestic violence is a critical issue that affects many individuals and families across Michigan. As a Michigan criminal defense attorney, I often encounter questions from clients, victims, and the general public about what constitutes domestic violence, the potential consequences for those accused, challenges faced by victims, and potential defenses. Here are some frequently asked questions about domestic violence in Michigan. What Constitutes Domestic Violence in Michigan? Domestic violence in Michigan is defined as an assault or assault and battery committed by an individual against a person with whom they have a domestic relationship. This includes spouses, former spouses, individuals in a dating relationship, individuals who have a child in common, and residents or former residents of the same household. The key element is the existence of a domestic relationship between the parties involved. Domestic Violence can include actions such as hitting, stalking, locking out of home, denying help when injured, ill or pregnant, weapons involvement, not allowing you to leave by physical force, objects thrown at you, abandoned in a dangerous situation, sexual abuse such as forcing to have sex or watch sexual acts, emotional and psychological abuse, manipulation, stalking, blame for abuse, economic abuse, threats, threatening to kidnap or kidnapping children, threatening to harm you or the children, threatening to call CPS, or any form of coercive control. This list is not an all inclusive list but merely examples. The law provides specific provisions for what constitutes domestic violence, emphasizing the importance of the victim's perception of safety and fear. Are Men Always the Perpetrators and Women Always the Victims? No. Any gender may be involved in either role. Men can be victims and Women can commit domestic violence. What Are the Penalties for Domestic Violence in Michigan? The penalties for domestic violence in Michigan can vary significantly based on the severity of the offense. The underlying charge is usually domestic assault and the penalties are: First Offense : A first-time domestic assault offender may face up to 93 days in jail, fines up to $500, and mandatory counseling. Second Offense : A second domestic assault charge carries up to one year in jail, fines up to $1,000, and additional mandatory counseling. This also may include a felony charge if there are aggravating factors. Third Offense : A third offense is considered a felony and can result in up to five years in prison, fines up to $5,000, and other severe consequences. Aggravated Domestic Assault: Involves serious injuries to the victim requiring immediate medical care. Essentially this charge increases the level of punishment. A first offense's penalty is similar to a second offense domestic assault and a second offense is similar to a third offense domestic assault. Felony charge: Domestic assault can be charged as a felony if a weapon is involved or strangulation/suffocation is involved. Additionally, if the victim is denied access to a phone/communication, an additional felony can be charged. What Are the Consequences of Domestic Violence Charges? The consequences of a domestic violence charge can extend well beyond criminal penalties. See my blog on Consequences of a Criminal Conviction . They may include: Criminal Record : A conviction can lead to a permanent criminal record, impacting employment prospects and housing options. Custody Issues : Domestic violence charges can significantly affect custody decisions in divorce or separation proceedings. Restraining Orders : Victims may seek personal protection orders, which can restrict the accused's movements and interactions, further complicating personal and professional circumstances. Firearm Restrictions : A domestic violence conviction can result in the loss of the right to possess firearms. Under federal law you lose your firearms rights. Immigration Consequences: A domestic violence conviction can have serious consequences if you are not a U.S. citizen, even if you are a legal immigrant. Child Neglect and Abuse cases: If children are involved or witness the violence, Child Neglect and Abuse cases can be initiated by Child Protective Services in addition to any criminal charges. Abuse in the household can lead to generations of abuse and victims. Other : There can be other consequences such as mandatory participation in counseling or anger management programs, loss of job, loss of housing, social stigma, inability to contact family members, or loss of security clearances. What Issues Do Victims Face in Domestic Violence Cases? Victims of domestic violence often face numerous challenges, including: Fear of Retaliation : Many victims fear escalating violence or retaliation if they report the abuse. Emotional and Psychological Trauma : Victims may struggle with anxiety, depression, and PTSD due to their experiences, complicating their ability to seek help. Financial Dependence : Economic barriers can prevent victims from leaving abusive situations, especially if they rely on their abuser for financial support. Social Stigma : Victims may feel shame or stigma about their situation, which can hinder them from reaching out for the necessary support. What Are Some Common Misconceptions About Domestic Violence? Several misconceptions exist regarding domestic violence, including: It Only Involves Physical Abuse : Many people associate domestic violence solely with physical acts. However, emotional and psychological abuse is just as serious and damaging. Financial abuse can also be serious, as can sexual abuse and control. Victims Can Simply Leave : While leaving an abusive relationship is often the best option, it can be incredibly complicated and dangerous for victims to do so safely. Domestic Violence Only Happens in Certain Demographics : Domestic violence can affect individuals of all ages, races, economic statuses, and backgrounds. What if the Victim does not want to press charges? In Michigan, the police have the discretion to file charges, and the prosecutor has the discretion to prosecute the charges. There is no right for the public to "press charges". "The People of the State of Michigan" press charges. Often in domestic violence situations, the victim does not want charges, but the police and prosecutor demand charges. If the police are called by anyone, including the alleged perpetrator, often charges are filed, even if the victim does not want to do so. This can be for numerous reasons, but it is often done to defuse the situation and to prevent further violence. This is why the prosecutor often asks for, and the judge usually grants, a No-Contact order as part of the bond conditions and the No-Contact is in place until the case is resolved. Then the No-Contact may even continue as a probation condition. How Can Individuals Get Help? If you or someone you know is a victim of domestic violence, it is crucial to seek help from local resources. Organizations like domestic violence shelters, hotlines, and legal assistance services can provide essential support. Michigan Coalition Against Domestic and Sexual Violence website can assist in locating local resources. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233). Education is important, and local resources can assist. There is no quick fix, and inaction may be the best safety action at the time. The victim needs someone to believe and listen to her/him. Avoid blaming the victim- it is not her/his fault. Take the victim's fears seriously. Additionally, contacting a criminal defense attorney for legal guidance can help those accused navigate their cases and understand their rights. What are Potential Defenses Against Domestic Violence Charges? There are several potential defenses that may be available to individuals charged with domestic violence in Michigan. These can include: Self-Defense : Arguing that the defendant acted in self-defense or in the defense of others. False Allegations : Demonstrating that the allegations are false or exaggerated, often due to ulterior motives. Lack of Intent : Showing that the defendant did not intend to cause harm or that the incident was accidental. Each case is unique and the availability of defenses will depend on the specific circumstances surrounding the incident. Additionally, Michigan has a first-time domestic violence program. This is a special program to which the offender can plead with the consent of the prosecutor. A special probation program is entered that involves counselling for assault and violence (and possibly for drugs and alcohol if they were involved in the assault situation). If the offender successfully completes the probation, the charge is dismissed and you will not be considered as guilty of the charge. If you commit another assaultive crime while on probation, the judge would then adjudicate you as guilty. This program is only available for the first time domestic assault violator. What is the Impact of a Domestic Violence Conviction on a Person’s Life? A domestic violence conviction can have a profound impact on various aspects of a person's life. Beyond the immediate legal penalties, a conviction can affect employment opportunities, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record. It can also impact personal relationships and lead to social isolation. Furthermore, a conviction can have long-term implications for child custody and visitation rights, as courts may view a history of domestic violence as a factor determining the best interests of the child. Conclusion Domestic violence is a pervasive issue in Michigan that warrants understanding and awareness. As a criminal defense attorney, it is crucial to provide accurate information regarding the laws, consequences, and resources available to both victims and those accused. Promoting education about domestic violence can ultimately foster a safer environment for individuals and families in our communities. If you or a loved one is dealing with a domestic violence charge, it is essential to seek legal counsel to navigate the complexities of the legal system and to explore all available defenses. As a Michigan criminal defense attorney, I am committed to providing informed and compassionate representation to those in need. If you have more specific questions or need legal advice, feel free to reach out to a qualified attorney who can assist you further. You can contact Robert Peterson, Attorney at Law, P.C. for more information.

Understanding Child Abuse and Neglect Cases in Michigan: FAQs As an attorney representing parents or serving as a Guardian ad litem in Child Abuse and Neglect cases in Ontonagon and Gogebic Counties, Michigan, I often encounter common questions. This blog aims to address these questions and provide an overview of the various stages in a typical case. 1. What constitutes child abuse and neglect in Michigan? Child abuse and neglect involve harm or threatened harm to a child's health or welfare. This can include physical injury, sexual abuse, emotional harm, or neglect, such as failing to provide adequate food, clothing, shelter, or medical care. Unfortunately, far too many of these cases stem from drug or alcohol usage by the parents placing the children in danger. 2. How can I recognize signs of neglect or abuse in my child? Signs may include unexplained injuries, changes in behavior, withdrawal from friends or activities, poor hygiene, frequent absences from school, or reluctance to go home. 3. What should I do if I suspect my child is being neglected or abused? It is important to report your suspicions to the appropriate authorities, such as Child Protective Services (CPS), and seek legal advice to understand your options. 4. What are the legal rights of parents in child neglect and abuse cases? Parents have the right to due process, the right to an attorney (one can be appointed if the parent cannot afford one), the right to be informed of allegations against them, and the right to present evidence in their defense during court proceedings. The court can make orders concerning the parents incidental to the jurisdiction of the court over the juvenile and that are necessary for the physical, mental, or moral well-being of the juvenile or juveniles under the court's jurisdiction. A Handbook for Parents in the Child Protection System is provided here . 5. What are the stages of a Child Abuse and Neglect case? Investigation: The process begins with an investigation by Child Protective Services (CPS) following a report of suspected abuse or neglect. Preliminary Hearing: If CPS finds evidence of abuse or neglect, a petition is filed , and a preliminary hearing is held to determine if the child should be removed from the home. Orders can also be issued affecting a nonparent adult in the home. Adjudication: The parents have a right to a civil (not criminal) trial to determine whether the court can assume jurisdiction in the case, which allows the court to issue orders to the parent and child in the case. This is a trial where the court decides if the allegations in the petition are true. The trial can be to the judge (bench trial) or to a jury. Often the parents will plead to the petition to allow jurisdiction in lieu of a trial. The parents can admit to the entire petition or portions of the petition. The parents can also plead no contest to the entire petition or portions of the petition. If the parents deny the petition, then the trial is scheduled for adjudication. If the trial finds that at least one of the grounds in the petition are true by a preponderance of the evidence, then the court assumes jurisdiction. Disposition : If the court finds abuse or neglect, a disposition hearing determines the services and interventions needed for the family to resolve the case. Disposition Review Hearings : These are held regularly to monitor the family's progress and the child's well-being. Permanency Planning Hearing : This hearing determines the long-term plan for the child, whether it's reunification with the parents, adoption, or another permanent solution such as termination of parental rights. Termination of Parental rights . Unfortunately if the child cannot be reunified with the parents or one of the other long-term plans are not suitable, a hearing on termination of parental rights is held. This is a trial to the judge concerning a termination petition which has been filed by DHHS. 6. What is the role of a Guardian ad litem? A Lawyer- Guardian ad litem (LGAL) is appointed to represent the best interests of the child. The LGAL conducts an independent investigation, participates in court proceedings, and makes recommendations to the court regarding the child's welfare. 7. What happens during a child neglect or abuse investigation? Investigations typically involve interviews with the child, parents, and other involved parties. CPS may also assess the child’s living environment and review any pertinent case history. A report is produced by CPS and depending upon the seriousness, the report may be referred to the police, to the court as a result of a petition, handled informally by DHHS, or the case closed. 8. How can I protect my parental rights during an investigation? It’s crucial to cooperate with the investigation while also securing legal representation to ensure your rights are protected and that you receive guidance throughout the process. 9. What resources are available for parents involved in neglect or abuse cases? Many community organizations, support groups, and legal aid services provide resources and assistance to parents facing these challenges. DHHS, the court, the Guardian ad litem, and your attorney can assist you with these services. Some services will be ordered during the disposition phase of the case but other services may be voluntary undertaken before disposition or if not, ordered during the disposition phase. Handbooks are available such as the Parent's Guide to Working with Foster Care and Handbook for Parents of Children in the Child Protective System 10. How can parents prepare for these cases? Parents should engage with the services offered, maintain open communication with their attorney, and attend all court hearings. Parents are entitled to parenting time if the child has been removed from their care, and it is very important that the parents attend all parenting times and that the parenting times go well. It's crucial to demonstrate a commitment to addressing the issues that led to the case. If the case began due to drug or alcohol abuse, it is essential that the parents attend treatment and show substantial progress in their treatment. 11. What can I do to rebuild trust with my child after allegations of neglect or abuse? Open communication, therapy for both you and your child, and consistent emotional support can help rebuild trust over time. 12. Can a previous allegation of neglect or abuse affect my future parenting rights? Yes, previous allegations can have an impact on custody or visitation determinations, but each case is assessed on its specific circumstances. 13. Can my case proceed immediately to termination of parental rights? A petition can request termination of parental rights at initial disposition if the parent is the perpetrator or fails to protect the child when there are aggravated circumstances such as: o Abandonment o Criminal Sexual Conduct with intended, attempted, or actual penetration o Battering, torture, or other severe physical abuse o Loss or serious impairment of an organ or limb o Life threatening injury o Murder or attempted murder. o Risk of harm to child and either prior involuntary termination or prior voluntary termination in a case involving aggravated circumstances No reasonable efforts are required to be performed by DHHS to prevent removal or reunification in these cases. 14. What are the possible outcomes of a Child Abuse and Neglect case? Outcomes can vary, including reunification with the family, placement with relatives under a guardianship plan, adoption, long-term foster care, or dismissal of the case. The court's primary focus is the child's safety and well-being. 15. What are the grounds for termination of parental rights in Michigan? The court may terminate a parent’s parental rights if the court finds by clear and convincing evidence one or more of the following: The child has been deserted The child or child’s sibling has suffered physical injury or physical or sexual abuse under one or more of the following circumstances: o The parent’s act caused the abuse. o The parent had the opportunity to prevent the abuse and failed to do so. o A nonparent adult caused the abuse, and there is a reasonable likelihood that the child will suffer from injury or abuse of the nonparent adult in the foreseeable future if placed in the parent’s home. The parent has failed to correct the conditions that led to an adjudication of child abuse or neglect, and there is no reasonable likelihood that the conditions will be corrected within a reasonable time considering the child’s age. The parent has substantially failed, without good cause, to comply with a limited guardianship plan to the extent that the noncompliance has resulted in a disruption of the parent-child relationship. The child has a guardian, and both of the following have occurred: o The parent has failed, without good cause, to provide regular and substantial support for the child for 2 years or more. o The parent has failed to regularly visit, contact, or communicate with the child, without good cause, for 2 years or more. The parent, although, in the court’s discretion, financially able to do so, fails to provide proper care or custody for the child and there is no reasonable expectation that the parent will be able to provide property care and custody within a reasonable time considering the child’s age. The parent is imprisoned for such a period that the child will be deprived of a normal home for more than 2 years, and the parent has not provided for the child’s proper care and custody, and there is no reasonable expectation that the parent will be able to provide proper care and custody within a reasonable time considering the child’s age. The parent’s parental rights to one or more siblings of the child or another child have been terminated due to serious and chronic neglect or physical or sexual abuse, and the parent has failed to rectify the conditions that led to the prior termination of parental rights. There is a reasonable likelihood, based on the conduct or capacity of the child’s parent, that the child will be harmed if he or she is returned to the home of the parent. The parent abused the child or a sibling of the child and the abuse included one or more of the following, and there is a reasonable likelihood that the child will be harmed if returned to the care of the parent: o Abandonment of a young child o Criminal sexual conduct involving penetration, attempted penetration, or assault with intent to penetrate o Battering, torture, or other severe physical abuse o Loss or serious impairment of an organ or limb o Life threatening injury o Murder or voluntary manslaughter o Aiding and abetting, attempting to commit, conspiring to commit, or soliciting murder or voluntary manslaughter Regardless, if the court finds one or more of the above grounds for termination, the court must also find that termination is in the best interest of the child. Conclusion Navigating Child Abuse and Neglect cases can be challenging and emotional. Understanding the process and knowing what to expect can help parents and guardians advocate effectively for the child's best interests. If you have further questions or need legal assistance, feel free to contact a knowledgeable Juvenile Law Attorney. You can contact Robert Peterson, Attorney at Law, P.C. to assist you through this process.

Understanding OWI in Michigan: Frequently Asked Questions As a criminal defense attorney in Ontonagon, Michigan, I often receive questions about Operating While Intoxicated (OWI) charges. Here are some of the most common inquiries and their answers to help you understand the legal landscape. 1. What is OWI in Michigan? OWI stands for Operating While Intoxicated. It refers to operating a vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while impaired by alcohol or drugs. With lower BAC levels you can still be charged with Operating While Impaired. BAC levels over 0.18% may be charged with Operating with a High BAC. OWI’s can also be enhanced if there is a death or serious injury. A juvenile can be charged with OWI Zero Tolerance if operating a vehicle with a BAC over 0.02%. See my blog for OWI laws . 2. What are the penalties for a first-time OWI offense? A first-time OWI offense in Michigan can result in: Fines up to $500 Up to 93 days in jail Community service License suspension for up to 180 days Possible ignition interlock device installation Collateral Consequences - see my blog for listing. 3. Are the penalties greater for a second or greater OWI offense? The penalties are enhanced for successive OWIs. Second Offense: Up to 1 year in jail, fines up to $1000, mandatory license suspension for 1 year, and a mandatory ignition interlock device. Third or More Offenses: Felony charge with up to 5 years in prison, fines up to $5000, license revocation, and an ignition interlock device. 4. Can I refuse a breathalyzer test? While you can refuse a breathalyzer test, Michigan's implied consent law means that refusal can lead to an automatic license suspension for one year, six points on your driving record, and no immediate restricted license availability. Under Michigan implied consent law, meaning that by operating a vehicle, you consent to breath, blood, or urine testing if arrested for OWI. If the officer has probable cause, he/she will probably seek a search warrant to request a blood draw to test for alcohol/drugs. If you are absolutely certain that you had only one or two drinks in a 4 hour period, take all the tests to avoid OWI charges. However, remember that your judgment and memory are affected when you have been drinking and you might have forgotten a few other drinks. If you cannot remember or had more than two drinks, you can politely refuse any tests. You will lose driving privileges, but you might restrict the officer's testimony to how you drove (which might have other explanations). However, as stated above, if the officer has probable cause, he might obtain a search warrant for a blood draw. 5. Can I refuse the Field Sobriety Tests (FSTs)? You do have a right to refuse the Field Sobriety Tests and there should be no penalties for refusal. FSTs are designed to test balance, attention, and cognitive/physical abilities which may be compromised by alcohol or drug use. These tests are subjective and other factors such as medical conditions like arthritis, artificial limbs, balance problems, neurological problems, and medications can affect the results. The results can be utilized by the officer as probable cause for a Preliminary Breath Test (PBT). 6. Can I refuse the Preliminary Breath Test (PBT)? You can refuse the PBT, but it does come with a civil infraction and a fine of up to $150. If you are under 21 years of age, two points will likely be added to your driving record. The PBT is usually given at the road stop and is different from the breath, blood, or urine tests. These tests are usually taken at the police station or the hospital. Refusal of a breathalyzer or other chemical test is a violation of the implied consent law. Refusal of the PBT is not a violation of the implied consent law. The PBT is usually given to provide probable cause for an arrest for OWI. 7. What is the difference between OWI, OWVI, and DUI? In Michigan, OWI is the term used for drunk driving offenses, while DUI (Driving Under the Influence) is a more general term used in other states. Both refer to operating a vehicle while impaired by alcohol or drugs. OWVI is the term used for operating a vehicle while visibly impaired. 8. Can I be charged with OWI while driving a All Terrain Vehicle? In Michigan, you can be charged with OWI while operating an All Terrain Vehicle. Motor vehicle is defined in MCL 257.33 and is described as a self-propelled vehicle but does not include by law, industrial equipment such as a forklift, construction equipment not subject to registration, power driven mobility devices, commercial quadricycle, electric bicycle, or electric skateboard. Other self propelled vehicles such as ATVs are included in the code for OWI. 9. Can I be charged with OWI while sitting in my car? In Michigan, the charge is operating, not necessarily driving. If you have actual physical control over the vehicle, for example keys in the ignition or possibly even operating the radio, you could be charged with OWI. If you are sitting in a seat other than the driver’s seat, the charge would be questionable. 10. Can I be charged with OWI while on private property? In Michigan, the charge is operating a vehicle on a highway or other place open to the public or generally accessible to motor vehicles. This includes parking lots, parking areas which could be private business lawns if used for parking, and yes, even private driveways. 11. How can an attorney help with an OWI charge? An experienced attorney can: Evaluate the evidence against you Challenge the legality of the traffic stop Negotiate plea deals Represent you in court to seek reduced penalties or dismissal 12. What should I do if I'm pulled over for suspected OWI? Remain calm and polite Provide your license, registration, and proof of insurance Avoid making incriminating statements Contact an attorney as soon as possible 13. Can an OWI charge be expunged from my record? As of recent changes in Michigan law, certain OWI offenses may be eligible for expungement. Consult with an attorney to explore your options. Conclusion Facing an OWI charge can be daunting, but understanding your rights and the legal process can make a significant difference. If you have more questions or need legal assistance, feel free to contact Robert Peterson, Attorney at Law, P.C. for a consultation.

This is a collection of my Legal Links which may assist the reader. This list is produced to assist readers in Michigan and may not be applicable to other jurisdictions. We are not responsible for websites that have changed addresses but would appreciate any additions or corrections to this list to keep it current and to add new links to assist others. This website cannot be considered as legal advice and the user is advised to consult with a licensed attorney in their jurisdiction for legal advice. See my Disclaimers concerning this list. Attorney Assists MiFile : A site for efiling Michigan court documents for selected courts. MI SCAO forms : The site for downloading Michigan court forms MI Inventory Fee Calculator : A site for calculating the inventory fee for probate cases in Michigan ICLE : Institute for Continuing Legal Education- Materials for updating legal skills CE Broker : a site to keep track of CLE credits Law Story : Winning Advocacy through Story Trustate : Probate Estate Software and Assistance WealthCounsel : Trust and Estate Planning Software Crystal Knows: Personality Indicator State Bar of Michigan Ethics Helpline: 877-558-4760 State Bar of Michigan Practice Management Helpline: 800-341-9715 Attorney Management Systems MyCase : A case Management System Case Status : A program to assist in communicating with clients: Clio : A Case Management System Bluestylus : A program for billing and for bankruptcy case management Aviation Aircraft Search Federal Aviation Admin (FAA) National Airspace System Status Notices to Airmen (NOTAM) Aviation Weather Advisories VFR Charts Aviation Charts FAA Digital Products Bankruptcy US Bankruptcy Ct, Eastern District of Michigan US Bankruptcy Ct, Western District of Michigan FRBP : Federal Rules of Bankruptcy Procedure PACER : Public Access to Court Electronic Records Bankruptcy Forms MI Bankruptcy Information Means Testing - US Trustee Site 11 US Code - Bankruptcy Section 341 Meeting of Creditors Bankruptcy Information Sheet Chapter 7 Calculator MI Bankruptcy Exemptions : MCL 600.5451 Federal Bankruptcy Exemptions : 11 USC 522 Bar and Attorney Organizations Michigan State Bar : The website for the Michigan State Bar American Bar Association : The website for the American Bar Association National Academy of Elder Law Attorneys : NAELA- Organization dedicated to improving legal services to elderly American Academy of Estate Planning Attorneys : AAEPA- Case Search LexisNexis : A paid legal case search system Casetext : A paid legal case search system now with Thomson Reuters with CoCounsel, an AI search WI Court Search : A Wisconsin court search MI Supreme Court and Court of Appeals Opinion Search : A Michigan opinion search MI Court of Claims Case Search Fastcase : A paid legal case search system Westlaw : A paid legal case search system PACER : Public Access to Court Electronic Records (Federal) Child Custody, Divorce, Support, Abuse MI Quick Reference-Altering Commitment Order Checklist MI Quick Reference- Alternative Contempt Track Plan Checklist MI Quick Reference- Bond Review Hearing Checklist MI Quick Reference- Changing Child Custody or Parenting Time for Deployed Parent Checklist MI Quick Reference- Changing Child's Legal Residence Checklist MI Quick Reference- Child Custody Dispute Between Parents Checklist MI Quick Reference- Child Custody Dispute Involving Agency Checklist MI Quick Reference- Child Custody Dispute Involving Third Person Checklist MI Quick Reference- Child Custody Involving Guardian Limited Guardian Checklist MI Quick Reference- Conditional Release Pending Bench Warrant Hearing Checklist MI Quick Reference- Contempt for Parenting Time Violation Checklist MI Quick Reference- Contempt for Support Arrearage (Payer Appears) Checklist MI Quick Reference- Contempt for Support Arrearage (Payer Fails to Appear) Checklist MI Quick Reference- Contesting Implementation of Income Withholding Checklist MI Quick Reference- Contesting the Validity or Enforcement of a Registered Order Checklist MI Quick Reference- Determine or Modify Interstate Child-Custody Dispute (Hearing) MI Quick Reference- Determine or Modify Interstate Child-Custody Dispute (Preliminary Matters) MI Quick Reference- Determining that a Child's Presumed Father Is Not a Child's Father MI Quick Reference- Determining that a Genetic Father Is Not a Child's Father MI Quick Reference- Divorce Checklist MI Quick Reference- Enforcement of an Intrastate Support Order MI Quick Reference- Enforcement of Foreign Support Order MI Quick Reference- Establishing an Intrastate Support Order Checklist MI Quick Reference- Establishing Grandparenting Time Checklist MI Quick Reference- Establishing Parenting Time Checklist MI Quick Reference- FSA Checklist MI Quick Reference- FSA Default Checklist MI Quick Reference- Hearing on License Suspension for Arrearage MI Quick Reference- Hearing on Petition for Emancipation Checklist MI Quick Reference- Hearing on the Merits of the Bench Warrant Checklist MI Quick Reference- Issuance of Child Support Checklist MI Quick Reference- License Suspension for Arrearage Checklist MI Quick Reference- Modification of an Intrastate Support Order Checklist MI Quick Reference- Modification of Child Support Checklist MI Quick Reference- Modification of Foreign Support Order MI Quick Reference- Modification of Out-of-State Child Support Order Flowchart MI Quick Reference- Modification of Parenting Time Checklist MI Quick Reference- Modification of Parenting Time Flowchart MI Quick Reference- Objection to Military Service Adjustment Checklist MI Quick Reference- Ordering Payment Plan for Arrearages Checklist MI Quick Reference- Register Interstate Child-Custody Determination Checklist MI Quick Reference- Registration of Foreign Order for Enforcement Purposes MI Quick Reference- Registration of Foreign Support Order for Modification Purposes MI Quick Reference- Repayment Plan for Discharge and Waiver of Surcharges Checklist MI Quick Reference- Request for Enforcement of Child-Custody Determination (Preliminary Matters) MI Quick Reference- Request for Enforcement of Child-Custody Determination (Hearing) MI Quick Reference- Request to Determine Controlling Order Checklist MI Quick Reference- Rescission of Emancipation Checklist MI Quick Reference- Setting Aside an Acknowledgment of Parentage MI Quick Reference- Setting Aside an Order of Filiation MI Quick Reference- Suspension of Immediate Income Withholding Checklist MI Quick Reference- Suspension or Termination of Income Withholding Checklist NACC : Website for National Association of Counsel for Children ABA Tips and Tools in Child Advocacy : American Bar Association tips Office of Child Advocate : Michigan OCA DHHS Policy Manuals : Michigan site for Dept Health and Human Services policy manuals MI Penal Code re Children : MCL 750.135 - 750.145h. MI Child Protection Act of 1975 : MCL 722.621 - 722.638 MI Probate Code re Abuse and Neglect : MCL 712A.19- 712A.22 Model Jury Instructions - Child Protection Proceedings: M Civ JI 97.01- 97.61 MI Model Criminal Instructions - Child Abuse M Crim JI 17.18- 17.24 MDHHS Child Support - website MI Support and Parenting Time Enforcement Act of 1982 : MCL 552.601 - 552.650 Understanding Child Support Handbook - Michigan Office of Child Support MI Child Support Formula Manual : 2021 Manual MI Child Support Calculator : DHHS 2021 Legal Help for Michigan CPS and Child Abuse Cases : MI Child Protective Proceedings Benchbook- 4th Edition : A Guide to Abuse and Neglect MI Adoption Proceedings Benchbook: 2017 Michigan Child Support Formula Manual 2017 Child Support Formula Supplement-Responsive HTML5.zip 2017 Michigan Child Support Formula Manual Supplement (printable - PDF) 2021 Child Support Formula Manual 2021 Michigan Child Support Formula Manual Supplement​ 2021 Michigan Child Support Formula Manual (printable - PDF) 2021 Michigan Child Support Formula Manual Supplement​ (printable - PDF) Custody and Parenting Time Investigation Manual Parenting Time Guidelines by County MI Limiting Family Court Access Benchcard Additional Fee for Filing Custody, Support or Parenting Time Cases Divorce Legal Help forms Domestic Relations SCAO forms Emancipation SCAO forms Juvenile SCAO forms Safe Delivery of Newborn SCAO forms MSP Forensic Interview Protocol Manual MI Forensic Interviewing Protocol : 5th Edition MI Sex Abuse experts Blog on use of Child Safety Expert Handbook for Parents of Children in the Child Protective System A Parent's Guide to Working with Foster Care Child Guardianship Policy Manuals Minor Guardianship (Limited) Minor Guardianship (Full) Minor Conservatorships (Eaton County) Emancipation of Minor Know Your Rights - Michigan Alliance for Families Child- Juvenile Delinquency MI Juvenile Justice Benchbook MJJAS/OYAS Detention Screening Tool Minor in Possession Sentencing Chart Memo on Nonpublic Records Juvenile SCAO forms Juvenile Designated SCAO forms Juvenile Competency Evaluations - Partners in Change Civil Rights ADA laws and Regs : Americans with Disabilities Act and Regulations Civil Rights Law Library : From DOT website Civil Rights Div of DOJ : Dept of Justice website USCCR : US Commission on Civil Rights Title VII of Civil Rights Act of 1964 : EEOC website Civil Rights Act of 1875 : US Senate website MI Dept of Civil Rights : MDCR website MI Civil Rights Laws : Dept of Civil Rights website MI Civil Rights Complaint Request Form : MDCR website IDEA- Individuals with Disabilities Education Act -Dept of Education 20 USC Ch 33 -IDEA CLE Strafford : webinars for attorneys and CPAs ABA : Webinars West LegalEdcenter : 600+ courses ICLE : Continuing Ed Justia : CLE and Webinars Law Story : Winning Advocacy through Story CE Broker : a site to keep track of CLE credits Confessions: False Confession Study Controlled Substances: MI Quick Reference- CS Penalty Table MI Quick Reference- Immunity under Medical Marihuana Act Section 4 Flowchart MI Quick Reference- Immunity under Medical Marihuana Act Section 8 Flowchart MI Public Health Code- Controlled Substances : MCL333.7101-333.7545. MI Controlled Substances Benchbook MI Quick Reference- Setting Aside a Conviction for Misdemeanor Marijuana Offense MedLine Plus : Drug and Supplement Listing Court Rules MI Court Rules : The listing of Michigan court rules (MCR) Local Court Rules: A listing of local court rules MI Rules of Evidence : The rules of evidence for Michigan courts MI Rules of Professional Conduct : The Michigan rules for attorney conduct. MI Model Civil Jury Instructions : The model jury instructions for civil trials- includes Neglect and Abuse cases MI Model Criminal Jury Instructions : The model jury instructions for criminal trials MI Rules of Judicial Conduct : The Michigan rules for judges Michigan Code of Judical Conduct-Annotated MI Rules concerning the State Bar : The Michigan rules for the State Bar MI Rules for the Board of Law Examiners : The Michigan rules for the Board of Law Examiners FRCP : Federal Rules of Civil Procedure FRE : Federal Rules of Evidence FRAP : Federal Rules of Appellate Procedure FRBP : Federal Rules of Bankruptcy Procedure FRCRP : Federal Rules of Criminal Procedure 2254/2255 : Federal Rules Governing Habeas and Sentence Vacates/setasides US Sentencing Guidelines : US Sentencing Commission Guidelines Manual Public Right to Access Remote Hearings Setting up Zoom Proceedings Checklist Zoom 101 Criminal Sexual Conduct and Sex Crimes MI Penal Code re Rape : MCL750.520 -750.520o MI Model Criminal Jury Instructions : M Crim JI 20.1- 20.40 Sex Crimes and Definitions in Michigan : RAINN.org Sex Offender Registration FAQs : Michigan State Police website MI Sex Offender Registration Act of 1994 (SORA): MCL 28.721 - 28.736 34 USC 209 Adam Walsh Child Protection and Safety Act of 2006 : SORNA Citizen's Guide to Child to US Federal Child Exploitation and Obscenity Laws : DOJ Website MI Sexual Assault Benchbook MI Sex Registry : Michigan State Police Sex Registry ICHAT : Michigan Criminal Records Search MI Model Procedure for Court Ordered Counseling and Testing for Infectious Diseases Sex Offender Registration Matters SCAO forms DOVE, Inc. : Provides Domestic Violence and Sexual Assault Services in Gogebic Co, MI and Iron Co., WI. A National Protocol for Sexual Assault Medical Forensic Examinations MSP Procedure Manual 07-14 : Sex Offender Registry and Enforcement Nationwide Sex Offender Search Michigan ACLU SORA website Michigan ACLU SORA Legal Challenges M ichigan ACLU Info on Does III (SORA lawsuit) Divorce- see also Child Custody, Divorce, Support, Abuse Divorce under Islamic laws Divorce under Islamic Law Domestic Violence Michigan Coalition to End Domestic & Sexual Violence : MCEDSV website Domestic & Sexual Violence Act of 1978: MCL 400.1501 - 400.1511 MSP Domestic Violence Awareness : Michigan State Police Website MDHHS Hotline : MDHHS hotline information MI Penal Code re Assaults : MCL750.81 -750.90h. MI Model Criminal Jury Instructions : M Crim JI 7.1 Defenses, 17.2a Domestic Assault Legal Help Personal Protection Orders : Documents and Assistance for obtaining, servings and responding to PPOs. MI Domestic Violence Benchbook US Code on Restrictions of Firearms for DV : 18 U.S.C. § 922(g)(9) DOVE, Inc. : Provides Domestic Violence and Sexual Assault Services in Gogebic Co, MI and Iron Co., WI. MSP Procedure Manual 07-06 : Investigating Domestic Violence ATF Listing Misdemeanor Crimes of Domestic Violence Prohibitions Driver's License Restoration Secretary of State OHAO Package Education Student Rights - ACLU Student Bill of Rights - National Youth Rights Assn 20 USC 1232g - Family Education Rights and Policy Act (FERPA) A Parent Guide to the Family Education Rights and Policy Act Protection of Pupil Rights Amendment (PPRA) General Guidance IEP- Individualized Education Plan - Michigan Dept of Education Know Your Rights - Michigan Alliance for Families Accommodations and Modifications Resolving Disputes IEP Resources IDEA- Individuals with Disabilities Education Act -Dept of Education 20 USC Ch 33 -IDEA Early Intervention for Infants and Toddlers - Sect 303 Parental Rights under IDEA Right to Receive a Complete Explanation of IDEA's Procedural Safeguards Elder Abuse NCEA : National Center of Elder Abuse MI AG : Elder Abuse, Neglect, and Exploitation MI Penal Code on Adult Abuse : MCL 750.145n MI Legal Help : What is Elder Abuse MI Model Criminal Jury Instructions : M Crim JI 17.30 - 17.33 Prosecutors' Resource-Elder Abuse : Aequitas Resource National Adult Protective Services Assn EAGLE -Elder Abuse Guide for Law Enforcement. MSP Procedure Manual 07-11 : Vulnerable Adult Investigations Employment DOL Major Laws : Dept Labor Website Labor Laws : USA.GOV website FAQ LEO : Michigan Labor and Economic Opportunity Website State Labor Laws : DOL website Prohibited Employment Practices : EEOC website MI Min Wage : LEO website MI Required Employment Posters : LEO Website Free MI Poster Downloads : laborposters.org Michigan Employee Handbook Requirements : SixFifty Website Employee Handbook : Handbooks.io MI Employment & Vocational Experts Evidence MI Quick Reference- Admission of Expert Testimony and Covid 19 Considerations MI Quick Reference- Common Motions in Limine Table MI Quick Reference- Commonly Recognized Privileges Table MI Quick Reference- Hearsay Flowchart MI Quick Reference- Other-Acts Evidence Flowchart MI Quick Reference- Test for Admissibility and Ruling Flowchart MI Evidence Benchbook MI Rules of Evidence : The rules of evidence for Michigan courts FRE : Federal Rules of Evidence Experts MedQuest : Personal Injury and Med Mal Injury Reporting Consultants : Personal Injury, Workmans Comp Expert Institute : Expert Referral Expert Witness Directory Expert List - Calhoun County Expert List Drug and Alcohol Testing: NMS Labs : Toxicology testing- Drugs, Alcohol Michigan Court Services, Inc. Polygraph- Kenneth MacEachem-(517) 331-2020 Competency, Responsibility, schizophrenia, drug induced psychosis, beliefs v delusions- Dr. Sami Farhat OWI- William Maze MI Sex Abuse experts MI Expert Witness List False Confessions: Dr. Saul Kassin Dr. Brian Cutler - eyewitness ID, interrogations, false confessions, forensic psychology Dr. Jeff Kaplan Dr. Kyle Scherr (Central Michigan University) - suspect decisions during interrogation, wrongful convictions and experiences, forensic evidence gathering Dr. Stephanie Madon Child Psychologists - Partners in Change DNA- Michigan Court Services, Inc. Art Appraisals: Detroit Fine Art Appraisals Federal Govt and Law US Government Manual : Official Handbook of the US Govt Justice Manual : formerly US Attorney's Manual- a summary of federal legal issues and procedures Dept of Justice : DOJ website Bureau of Alcohol, Tobacco, Firearms : ATF Website Federal Bureau of Investigation : FBI Website Federal Virtual Law Library : DOJ Federal Virtual Library Agency Decisions : AG/BIA, OCAHO decisions Attorney General : Website for AG AG Guidance : AG Guidance Documents USCIS : US Citizenship and Immigration Services website US DOD : US Department of Defense website DOD Rules and Guidance : DOD regulations, rules, and guidance UCMJ : Uniform Code of Military JusticeU Manual for Courts-Martial : MCM 2024 US Army : US Army website US Congress : Website for US Congress US Constitution Annotated : US Constitution Explained Founding Documents : US Founding Documents Library of Congress : Library of Congress website Office of Legal Counsel : DOJ Office of Legal Counsel Opinions Supreme Court Opinions : Opinions of US Supreme Court BIA : Bureau of Indian Affairs 6th Circuit : US Court of Appeals for Sixth Circuit WD Mich : Western District of Michigan US District Court ED Mich : Eastern District of Michigan US District Court NWS : National Weather Service- Forecasts and Past Weather FRCP : Federal Rules of Civil Procedure FRE : Federal Rules of Evidence FRAP : Federal Rules of Appellate Procedure FRBP : Federal Rules of Bankruptcy Procedure FRCRP : Federal Rules of Criminal Procedure 2254/2255 : Federal Rules Governing Habeas and Sentence Vacates/setasides US Sentencing Guidelines : US Sentencing Commission Guidelines Manual US Parole Comm : US Parole Commission Website NHTSA : National Highway Traffic Safety Admin.- recalls, risky driving, specs for testing devices NTSB : National Transportation Safety Board- accident investigation. CAROL (Case Analysis and Reporting Online) SEC : Securities and Exchange Commission Securities Statutes and Regulations : SEC website Regulations.gov : New and pending regulations Fed Laws and Regulations : Federal site website CFR : Code of Federal Regulations Federal Register : Daily Journal of US Govt DOL Regs : Dept of Labor Regulations Treasury Regs : Dept of Treasury Regulations ADA laws and Regs : Americans with Disabilities Act and Regulations EPA Laws and Regs : Environmental Protection Agency website USCIS : US Citizenship and Immigration Services website US DHHS : Dept Health and Human Services Laws & Regs DOT Regs : Dept of Transportation Regulations DOL Major Laws : Dept of Labor Major Laws Dept Education Laws : Dept of Education laws and policy USDA Regs : US Dept of Agriculture Regulations US Fish and Wildlife Regs : US Fish and Wildlife website Dept of Interior Laws and Regs : Dept of Interior website FDA Regs : Food and Drug Admin website National Archives Federal Court forms Financial Crimes Enforcement Center Fees and Costs Fines, Fees, Costs and Rates: Michigan Courts webpage Circuit Court Fee and Assessment Table District Court Fee and Assessment Table Probate Court Fee and Assessment Table Motion Fees Fines and Costs Distribution in District Ct. Mileage Rates Travel Rates Late Fees Financial Resources Financial Resources for Michigan Families MI Quick Reference - Ability to Pay Court Fines and Costs Firearms Bureau of Alcohol, Tobacco, Firearms : ATF Website AG Guidance : AG Guidance Documents Second Amendment Foundation : Pro Second Amendment Litigating Group USCCA : US Concealed Carry Assn Firearm Laws in MI : Handbook on Firearm Laws in Michigan Concealed Carry : Michigan State Police website on Concealed Carry MI Firearms Act of 1927 : MCL 28.421 - 28.435 MI Penal Code re Firearms : MCL 750.222 - 750.239a US Code re Firearms : 18 US Code Chapter 44 Model Criminal Jury Instructions : M Crim JI 7.15-7.25a (Self Defense), 11.1-11.38a (Weapons) Federal Prohibitions-Background Checks for Firearms ATF Listing Misdemeanor Crimes of Domestic Violence Prohibitions Federal Firearms Regulations Reference Guide : ATF Freedom of Information (FOIA) Michigan AG FOIA Info : FOIA Info on Michigan's AG website Michigan Access to Court Records Security Matrix Freedom of Information Act of 1976 : MCL 15.231 -15.246 FOIA.gov : Federal government FOIA website FOIA Wizard : Search for info across Federal govt. Search for Federal Agency Contact Guardianships and Conservatorships MI Quick Reference- Introduction to Conservatorships and Guardianships MI Quick Reference- Appointment of Conservator-Issuance of Protective Order Checklist MI Quick Reference- Appointment of Guardian of Incapacitated Individual Checklist MI Quick Reference- Appointment of Guardian of Individual with Developmental Disability Checklist MI Quick Reference- Appointment of Guardian of Minor Checklist MI Quick Reference- Appointment of Guardian of Minor Indian Child Checklist MI Quick Reference- Appointment of Limited Guardian of Minor Checklist Conservatorship SCAO forms Guardianship SCAO forms Juvenile Guardianship SCAO forms Guide for Michigan's Adult Guardianship Process Child Guardianship Policy Manuals Handbook for Guardians of Adults Minor Guardianship (Limited) Minor Guardianship (Full) Guardianship for Legally Incapacitated Adults Guardianship for Developmentally Disabled Annual Reports for Guardians Conservatorship in Michigan Handbook for Conservators of Adults Minor Conservatorships (Eaton County) Conservatorship for Legally Incapacitated Individuals Guardianship for the Developmentally Disabled : MCL 330.1600-1644 Immigration Federal Virtual Law Library : DOJ Federal Virtual Library USCIS: US Citizenship and Immigration Services website Immigration Law Firm: Antone, Casagrande & Adwers, PC. Interest Rates Interest Rates for Money Judgments in MI State Courts: MCL 600.6013 Past Interest rates for Money Judgments in MI State Courts Investigations Crime Scene Investigations : A Guide for Law Enforcement False Confession Study A National Protocol for Sexual Assault Medical Forensic Examinations Traffic Control Order Manual MSP Procedure Manual 06-01: Speed Enforcement MSP Procedure Manual 07-05 : Investigating Incidents involving Juveniles, Child Abuse, and Missing Juveniles MSP Forensic Interview Protocol Manual MI Forensic Interviewing Protocol : 5th Edition MSP Procedure Manual 07-06 : Investigating Domestic Violence MSP Procedure Manual 07-11 : Vulnerable Adult Investigations MSP Procedure Manual 07-14 : Sex Offender Registry and Enforcement MSP Procedure Manual 07-21 : Eyewitness Identification Investment Fraud Law Offices of Christopher H. Tovar, PLLC Judicial Disqualification Judicial Disqualification in Michigan Benchbook MI Quick Reference- Judicial Disqualification Checklist MI Quick Reference- Judicial Disqualification Flowchart Laws: Laws-International Laws UN : UN Charter International Law : International Law International Treaties : Listing of International Treaties Human Rights Laws : Human Rights Laws Listing Convention on Law of Sea : UN Convention on Law of Sea Space Treaties : International Space Treaties ICJ : International Court of Justice EU : European Union Homepage Laws-Michigan Compiled Laws (MCL)- selected laws: Michigan Constitution Michigan Constitution MCL Search : A Michigan Code search MI Freedom of Information Act of 1976 : MCL 15.231 -15.246 MI Open Meetings Act Act of 1976 : MCL 15.261 - 15.275 MI Whistleblower Protection Act of 1980 : MCL 15.361 - 15.369 MI Firearms Act of 1927 : MCL 28.421 - 28.435 MI Sex Offender Registration Act of 1994 (SORA ): MCL 28.721 - 28.736 MI Internet Privacy Protection Act of 2012 - MCL 37.271 - 37.278 MI Elliott-Larsen Civil Rights Act of 1976 : MCL 37.2101 - 37.2804 MI Stille-Derossett-Hale Single State Construction Code Act of 1972 - MCL 125.1501 - 125.1531 MI Zoning Enabling Act of 2006 - MCL 125.3101 - 125.3702. MI General Property Tax Act of 1893 : MCL 211.1 -211.157 MI Motor Vehicle Code Act of 1949 : MCL 257.1 - 257.923. MI Motor Vehicle Code OWI and Reckless Driving : MCL 257.625 - 257.626c MI Motor Vehicle Code Penalties : MCL 257.901 - 257.910.. MI Natural Resources and Environmental Protection Act of 1994 : MCL 324.101 - 324.90106 MI Mental Health Code of 1974 : MCL 330.1001-330.2106 MI Guardianship for the Developmentally Disabled : MCL 330.1600-1644 MI Public Health Code of 1978: MCL 333.1101-333.25211. MI Public Health Code- Controlled Substances : MCL 333.7101-333.7545. MI Identity Theft Protection Act of 2004 - MCL 445.61- 445.79d MI Insurance Code of 1956 : Michigan Insurance Law. MCL 500.100-500.8302. MI Family Support Act of 1966 : Michigan law on Family Support MCL 552.451-552.459 MI Support and Parenting Time Act of 1982 : Michigan law on support and enforcement. MCL 552.601-552.650. MI Interstate Income Withholding Act of 1985 : Michigan law on withholding of Income enforcement for support. MCL 552.671-552.685. MI Uniform Interstate Family Support Act of 2015 : Michigan law making uniform the enforcement of support. MCL 552.2101 -552.2905. MI Real and Personal Property : Michigan law on real and personal property. MCL 554.1-554.1070. MI Landlord and Tenant Relationships of 1972 : MCL 554.601-554.616. MI Uniform Transfers to Minors Act of 1998 : Michigan law on transfers to minors. MCL 554.521-554.552. MI Trespass Liability Act of 2014 : Michigan law on trespass. MCL 554.581-554.583. MI Truth in Renting Act of 1978 : Michigan law on Rental Agreements. MCL 554.631 -554.641. M I Uniform Power of Attorney Act of 2023 : Michigan law on Power of Attorney MCL 556.201-556.505. MI Land Division Act of 1967 : Michigan law on the division of land. MCL 560.101 -560.293. MI Marketable Record Title Act of 1945 : Michigan law on defining a marketable record title. MCL 565.101 -565.109. MI Revised Judicature Act of 1961 : MCL 600.101 - 600.9948 MI Extreme Risk Protection Order Act of 2023 : MCL 691.1801 - 691.1821 MI Estates and Protected Individuals Code of 1998 : Michigan EPIC law. MCL 700.1101-700.8206. MI Probate Code of 1939 : MCL 701.1 - 713.6 MI Jurisdiction, Procedure, and Disposition Concerning Minors : Chapt XIIA of Probate Code Act of 1939 (MCL 712A.1- 712A.32) MI Child Custody Act of 1970 : MCL 722.21 - 722.31. MI Child Abuse and Neglect Prevention Act of 1982 : MCL 722.601 - 722.613. MI Child Protection Act of 1975 : MCL 722.621 - 722.638 MI Paternity Act of 1956 : MCL 722.711 - 722.730. MI Acknowledgment of Paternity Act of 1996 : MCL 722.1001 - 722.1013. MI Revocation of Paternity Act of 2012 : MCL 722.1431 - 722.1445.amended MI Penal Code of 1931 : Michigan Penal Code MCL 750.1 -750.569) MI Penal Code re Assaults : MCL 750.81 -750.90h. MI Penal Code re Children : MCL 750.135 -750.145h. MI Penal Code re Firearms : MCL 750.222 -750.239a MI Penal Code re Larceny : MCL 750.356 -750.367c. MI Penal Code re Punishments : MCL 750.503 -750.506a. MI Penal Code re Rape : MCL 750.520 -750.520o. MI Code of Criminal Procedure : MCL 760.1 - 777.69 MI Setting Aside Convictions Act of 1965 : MCL 780.621 - 780.624 (Expungement) MI Building Codes : Building Codes MI Civil Rights Laws : Dept of Civil Rights website MI Administrative Code Search Laws- Federal Laws and Regulations: US Code Search : A search for US code law US Crimes : Title 18 of US Code US Sentencing Guidelines : US Sentencing Commission Guidelines Manual Securities Statutes and Regulations : SEC website Regulations.gov : New and pending regulations Fed Laws and Regulations : Federal site website CFR : Code of Federal Regulations Federal Register : Daily Journal of US Govt DOL Regs : Dept of Labor Regulations Treasury Regs : Dept of Treasury Regulations ADA laws and Regs : Americans with Disabilities Act and Regulations EPA Laws and Regs : Environmental Protection Agency website US DHHS : Dept Health and Human Services Laws & Regs Selected US Codes : From DOT website DOL Major Laws : Dept of Labor major laws Dept Education Laws : Dept of Education laws and policy Dept of Interior Laws and Regs : Dept of Interior website State Laws and Admin Codes : Justia website US Law and Regs : UC Berkley website HUD Laws and Regs : Housing and Urban Development website US Privacy Law collection : Epic.org Legal Aid Michigan Legal Services : Website for Michigan Legal Services Michigan Legal Help : Website for Michigan Legal Help Listing of Legal help sites : A listing of legal help sites by the University of Michigan Law School Legal Services Corp : Legal Services Corporation Legal Help MI Questions for Do-It-Yourself Divorce : Produces Divorce Documents for Low Income Persons Legal Help MI Custody Case for Unmarried Parents : Produces Custody Documents for Low Income Unmarried Persons Legal Help MI Small Claims : Documents and Assistance for Small Claims Help for Low Income Persons Legal Help MI Debt Collection Answer : Documents and Assistance for Answering Debt Collection Lawsuit. Legal Help MI Eviction Answer : Documents and Assistance for Answering Eviction or setting aside default Legal Help MI Personal Protection Orders : Documents and Assistance for obtaining, servings and responding to PPOs. Legal Help for MI PPOs - domestic, stalking, sexual assault: Documents and Assistance for obtaining PPOs. Legal Help for MI Name Change : Documents and Assistance in Changing Name Legal Help for MI Expungement of Adult Convictions : Documents and Assistance in Expunging MI Adult Convictions Legal Help for MI Expungement of Juvenile Adjudications : Documents and Assistance in Expunging MI Juvenile Adjudications Library Search (Use to search for experts, topics, etc.) Get a Library card and access online research Libdex.com Library of Congress WorldCat.org Lib National Library of Medicine Index to Legal Periodicals and Books MI Online Legal Resources Legal Resources Lydia M. Olson Library Harvard Law Free Law Access HeinOnline Malpractice Dental Malpractice : Robert Gittleman Law Firm PC Attorney Grievance Defense : Timothy A. Dinan Chiropractic Malpractice Expert: Dr. Andrew M. Rodgers Maps EGLE GeoWebFace Plat Maps: Michigan State Open Data Maps 3D Map of Earth and Street View : Google Maps Driving Directions : Waze VFR Charts Aviation Charts Zip Code Maps Michigan DOT Maps Maritime US Coast Guard Homepage Maritime Safety Information USCG Amalgated Navigation Rules International and U.S. Inland Federal Navigation Regulations : 33 CFR USCG Nav Rules Handbook National Vessel Documentation Center : Search for Vessel Information VesselFinder : Locate Vessel Worldwide Michigan Recreational Boating Information System Handbook of Michigan Boating Laws and Responsibilities MI Local Controls on Boating MarineTraffic : Global Ship Tracking Medicine MedlinePlus : National Library of Medicine- Anatomy, Drugs, Genetics, Medical Tests, Encyclopedia InnerBody : Human Anatomy Merck Manuals : Drug Information Merck Manuals : Sprains and Other Soft Tissue Injuries Merck Manuals : Overview of Fractures Merck Manuals : Medical Topics MedLine Plus : Drug and Supplement Listing Gray's Anatomy : Bartleby Centers for Disease Control and Prevention (CDC) Physicians Desk Reference ABMS Board Certification Report National Library of Medicine WebMD Mental Health Mental Health America : Guidebooks for Mental Health for Children NAMI : National Alliance on Mental Illness MI Mental Health Code of 1974 : MCL330.1001-330.2106 Model Criminal Jury Instructions : M Crim JI 7.9- 7.14 Model Civil Jury Instructions : M Civ JI 171.01-171.02 Mental Health Treatment SCAO forms Mental Health Proceedings SCAO forms MSP Procedure Manual 05-09 : Mentally Ill Persons-Apprehension, Admission, Escapes Mesothelioma Mesothelioma & Asbestos Lawyers - Goldberg Persky White PC Michigan Civil Proceedings: MI Civil Proceedings Benchbook MI Quick Reference- Limiting Access to Civil Proceedings Interest Rates for MI Money Judgments Alternative Dispute Resolution SCAO forms General Civil SCAO forms Claim and Delivery SCAO forms Collections SCAO forms General SCAO forms Limited Scope SCAO forms Request for Interpreter SCAO forms Michigan Access to Court Records Security Matrix MI Court Records Administration Adoptions MI Adoption Proceedings Benchbook MI Quick Reference-Adoption in Involuntary Termination of Parental Rights Flowchart MI Quick Reference- Adoption in Voluntary Termination of Parental Rights Flowchart MI Quick Reference- Consent to Adopt Expected Child Checklist MI Quick Reference- Consent to Adopt Non-Indian Child Checklist MI Quick Reference- Consent to Adopt Non-Indian Child Preliminary Matters Checklist MI Quick Reference- Withholding Consent Section 45 Hearing Checklist MI Quick Reference- Withholding Consent Section 45 Hearing Preliminary Matters Checklist MI Quick Reference- Finalizing Adoption Checklist Petition Hearing MI Quick Reference- Finalizing Adoption Checklist Preliminary Matters MI Quick Reference- Petition for Rehearing Checklist MI Quick Reference- Rehearing Checklist MI Quick Reference- Notice of Intent to Release Expected Child Checklist MI Quick Reference- Adoption Release Non-Indian Child Preliminary Matters MI Quick Reference- Adoption Release Non-Indian Child Hearing Checklist MI Quick Reference- Temporary Placement Custody Hearing Checklist MI Quick Reference- Temporary Placement Filing of Transfer Report Checklist MI Quick Reference- Temporary Placement Preliminary Matters Checklist MI Quick Reference- Terminating Rights of Father Without Release or Consent Checklist MI Quick Reference- Terminating Rights of Father Without Release or Consent Preliminary Matters Checklist MI Adoption SCAO forms MI Step Parent Adoption Legal Help forms Appeals: COA Guide to Handling a Civil Appeal MI Supreme Court Appellate Opinion Manual MI Appeals and Opinions Benchbook Appeal SCAO forms Circuit Court Appeals: MI Quick Reference-APA and Civil Service Comm Appeals MI Quick Reference- Concealed Pistol Licensing Appeals MI Quick Reference- General Appeals by Leave MI Quick Reference- General Appeals by Right MI Quick Reference- Landlord Tenant or Land Contract Appeals MI Quick Reference- Licensing (Motor Vehicle Code) Appeals MI Quick Reference- Michigan Employment Security Act Appeals MI Quick Reference- Parole Board Appeals MI Quick Reference- Zoning Ordinance Determination Appeals Case Evaluation Case Evaluation SCAO forms Civil Infractions: List of MI Civil Infractions MI Quick Reference- Civil Infraction Appearance by Mail Checklist MI Quick Reference- Civil Infraction Appearance in Person Checklist MI Quick Reference- Civil Infraction Informal Hearing Checklist MI Quick Reference- Civil Infraction Informal Hearing Worksheet MI Quick Reference- Municipal Civil Infraction Fines, Costs and Fees MI Quick Reference- Set Aside Civil Infraction Flowchart MI Quick Reference- State Civil Infraction Fines, Costs and Fees Fines and Costs for Civil Penalties : Michigan chart for fines and costs for civil penalties MI Traffic Fines : A chart of Michigan traffic fines and costs MI Traffic Benchbook Michigan Traffic Crash Purchasing System : Purchase Michigan Traffic Accident Reports Civil Infraction SCAO forms Motor Vehicle Code Offenses SCAO forms Divorce- see Child Custody, Divorce, child support Extreme Risk Protection Orders: MI Quick Reference- Contempt Proceedings for Violation of Extreme Risk Protective Order MI Quick Reference- Initiating Proceedings for Violation of Extreme Risk Protective Order MI Quick Reference- Extreme Risk Protective Orders Extreme Risk Protection SCAO forms Questions and Answers Extreme Risk Protective Order National ERPO Resource Center Extreme Risk Protection Order Act of 2023 Garnishment Garnishment SCAO forms Infectious Diseases Infectious Diseases SCAO forms Interim Administrator for Attorney: MI Quick Reference- Appointing Interim Administrator for Attorney SCAO forms for Interim Administration Jurisdiction: MI Quick Reference- Personal Jurisdiction of Corporations Flowchart MI Quick Reference- Personal Jurisdiction of Individuals Flowchart MI Quick Reference- Personal Jurisdiction of Partnership Assn or Unincorp. Voluntary Assn MI Quick Reference- Personal Jurisdiction of Partnerships or Limited Partnerships Landlord Tenant: MI Quick Reference- Landlord Tenant Summary Proceedings MI Residential Landlord Tenant Benchbook Landlord Tenant SCAO forms Name Change: Name Change SCAO forms Personal Protective Order: Personal Protective Order SCAO forms Pretrial Issues: MI Quick Reference- Amendment of Process or Pleadings Flowchart MI Quick Reference- Collateral Estoppel and Res Judicata Table MI Quick Reference- Conditional Dismissal Flowchart MI Quick Reference- Filing and Serving Responsive Pleadings MI Quick Reference- Service of Process Table MI Quick Reference- Stages of Limited Scope Representation MI Quick Reference- Summary Disposition Table Settlements & Trial: MI Quick Reference- Settlements for Minors and Legally Incapacitated Individuals Checklist MI Quick Reference- Wrongful Death Settlement Checklist MI Quick Reference- Bench Trial Decision Checklist MI Quick Reference- Final Matters before Releasing Jury to Deliberate Checklist MI Quick Reference- Juror Challenge for Cause Flowchart MI Quick Reference- Oaths and Affirmations MI Quick Reference- Verdicts Checklist Small Claims: MI Quick Reference- Small Claims Checklist Small Claims SCAO forms Tax Foreclosures: MI Quick Reference- Motion for Proceeds Following Judgment of Foreclosure Contempt: MI Quick Reference- Common Forms of Contempt Table MI Quick Reference- Conducting Indirect Civil Contempt Proceedings MI Quick Reference- Conducting Indirect Criminal Contempt Proceedings MI Quick Reference- Comparison of Civil and Criminal Contempt MI Quick Reference- Flowchart Due Process Contempt MI Quick Reference- Flowchart Contempt of Court MI Quick Reference- Summary Punishment of Direct Contempt of Court MI Contempt Benchbook Young Adult Foster Care: Young Adult Foster Care SCAO forms Michigan Criminal Proceedings: MI Criminal Proceedings Benchbook Vol I : Pretrial, Trial MI District Court Magistrate Manual MI Guide to Pursuing Criminal Appeal MI Limiting Criminal Proceedings Benchcard ICHAT : Purchase Michigan criminal history Appeal SCAO forms Criminal Felony SCAO forms Criminal Misdemeanor SCAO forms General SCAO forms Juvenile Designated SCAO forms Motor Vehicle Code SCAO forms Request for Interpreter SCAO forms MSP Procedure Manuals Warrants MI Quick Reference- Electronically Issuing Arrest Warrant or Summons Checklist MI Quick Reference- Electronically Issuing Search Warrant Checklist MI Quick Reference- Issuing Arrest Warrant or Summons Checklist MI Quick Reference- Checklist for Issuing Search Warrant MI Quick Reference- Issuing Summons Flowchart MSP Procedure Manual 05-05 : Arrest Warrant Processing Procedures Arraignment MI Quick Reference- Felony Arraignment in District Court Checklist MI Quick Reference- Juvenile Arraignment in District Court Checklist MI Quick Reference- Misdemeanor Arraignment in District Court Checklist MI Quick Reference- Misdemeanor Arraignment Flowchart Probable Cause/Preliminary Exam MI Quick Reference- District Court Jurisdiction over Pretrial Precedings MI Quick Reference- Conducting Preliminary Exam Checklist MI Quick Reference- Waiver of Preliminary Exam Checklist MI Quick Reference- Probable Cause Checklist Pleas MI Quick Reference- Guilty and No Contest Plea Checklist for Felonies MI Quick Reference- Guilty and No Contest Plea Checklist for Misdemeanors MI Quick Reference- Guilty and No Contest Plea Flowchart for Felonies MI Quick Reference- Guilty and No Contest Plea Flowchart for Misdemeanors MI Quick Reference- Not Guilty Plea Checklist for Felonies MI Quick Reference- Not Guilty Plea Checklist for Misdemeanors MI Quick Reference- Not Guilty Plea Flowchart Trial MI Quick Reference- Jury Trial Checklist MI Quick Reference- Jury Waiver/Bench Trial Checklist Sentencing MI Criminal Proceedings Benchbook Vol 2 : Sentencing MI Quick Reference- Lockridge Flowchart MI Quick Reference-OV 4 Scoring MI Quick Reference-OV 19 Scoring MI Quick Reference- Statutory Offense Enhancement Table MI Quick Reference- Sample Sentencing Guide MI Quick Reference- Articulation of Reasons for Out-of-Guidelines Sentence MI Quick Reference- Cobb Hearing Memorandum MI Quick Reference- Crosby Remands Flowchart MI Quick Reference- Crosby Remands Quick Reference Guide MI Sentencing Guidelines Manual MI Criminal Sentencing Chart for Repeat Offenses MI Revocation of Deferred Status Chart MI Model Procedure for Court Ordered Counseling and Testing for Infectious Diseases DNR Judgment Fees for Fish Violations DNR Judgment Fees for Wildlife Violations DNR Wildlife Penalties and Restitution Criminal Disposition SCAO forms Ability to Pay MI Quick Reference- Ability to Pay Forfeiture of Property Forfeiture of Property SCAO forms Probation Swift and Sure Sanctions Act MI Quick Reference- Offenses Rendering Defendant Ineligible Probation Violation MI Quick Reference- Probation Violation Flowchart MI Quick Reference- Probation Violation Arraignment Checklist MI Quick Reference- Probation Violation Guilty Plea Checklist MI Quick Reference- Probation Violation Contested Hearing Checklist MI Quick Reference- Probation Violation Sentencing Checklist MI Manual for District Court Probation Officers Probation SCAO forms Technical Violation Punishment MCL 771.4b- Technical Violation Probation Postjudgment MI Criminal Proceedings Benchbook Vol 3 : Postjudgment MI Quick Reference- Postjudgment Options for Relief Table MI Quick Reference- Motion for Directed Verdict of Acquital After Jury Verdict MI Quick Reference- Motion for New Trial Checklist MI Quick Reference- Motion for Relief from Judgment Checklist MI Quick Reference- Motion to Correct an Invalid Sentence Checklist MI Quick Reference- Motion to Correct Mistakes After Judgment Checklist MI Quick Reference- Motion to Withdraw Plea After Sentencing Checklist Setting Aside Convictions MI Quick Reference- Application to Set Aside Conviction Checklist MI Quick Reference- Application to Set Aside Conviction Flowchart MI Quick Reference- Setting Aside a Conviction for First Violation OWI MI Quick Reference- Setting Aside a Conviction for Certain Offenses Involving Human Trafficking Victim MI Quick Reference- Setting Aside a Conviction for Misdemeanor Marijuana Offense MI Quick Reference- Setting Aside a Conviction for Certain Offenses Involving Human Trafficking Victim Flowchart FAQs of Automatic Set Asides Filing Fees and Costs MI Quick Reference- General Costs Table MI Quick Reference- Misdemeanor Costs Table MI Quick Reference- Felony Costs Table Memorandum on Court Costs Right to Attorney MI Quick Reference- Attorney Waiver and Appointment for Indigent Defendants Checklist Criminal Consequences DHHS Consequences Upon Conviction - Crime Code List Criminal Consequences : A site detailing the consequences for convictions Criminal Consequences : My webpage on criminal conviction consequences Offense Code Index : Michigan State Dept. index of drivers license actions for 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Estate Planning for Digital Assets: Managing Your Online Accounts and Legacy Introduction The Rise of Digital Assets In today's digital age, our lives have become increasingly intertwined with the online world. From social media profiles to online banking, digital assets have become a significant part of our everyday existence. These assets can hold both monetary and sentimental value, making it essential to consider them in our estate planning. Why Digital Estate Planning Matters Digital estate planning ensures that your online accounts and digital assets are managed and transferred according to your wishes after you pass away. Without proper planning, your loved ones may face difficulties accessing or managing these assets, leading to potential legal and emotional complications. 1. Understanding Digital Assets Types of Digital Assets a. Personal Accounts Personal accounts include social media profiles, emails, and personal blogs. These platforms often contain photos, videos, and personal communications that hold sentimental value. b. Financial and Business Accounts Financial and business accounts encompass online banking, investment portfolios, and other business-related digital assets. These accounts can have significant monetary value and may require careful management. Value of Digital Assets a. Monetary Value Digital assets like cryptocurrencies, online businesses, and revenue-generating websites can have substantial monetary value. Proper management of these assets ensures they are transferred to your beneficiaries without legal complications. b. Sentimental Value Photos, videos, and personal communications stored on digital platforms hold immense sentimental value. Planning for these assets ensures that your loved ones can access and preserve these memories. 2. Managing Digital Accounts a. Inventory of Digital Assets Creating a Digital Asset Inventory Start by listing all your digital assets, including usernames, passwords, and security questions. This inventory should encompass personal accounts, financial accounts, and any other digital assets you own. b. Regular Updates Regularly updating your digital asset inventory is crucial. As you create new accounts or change passwords, make sure your inventory reflects these changes to ensure it remains accurate and up-to-date. c. Access and Security Password Management Using a password manager can help you securely store and manage your passwords. These tools ensure that your digital accounts are protected and accessible to your designated heirs. Two-Factor Authentication Implementing two-factor authentication (2FA) adds an extra layer of security to your sensitive accounts. This measure ensures that your accounts remain protected even if someone gains access to your passwords. 3. Online Accounts After Death a. Policies of Major Platforms Social Media Platforms Each social media platform has its own policies regarding deceased users. For instance: **Facebook**: Allows for memorialization of accounts or removal by a legacy contact. **Instagram**: Similar to Facebook, you can memorialize or remove the account. **Twitter**: Requires a formal request for deactivation. Email Providers Email providers like Google and Yahoo have specific procedures for handling accounts after death. Typically, these procedures involve submitting a request along with legal documentation. b. Appointing a Digital Executor Role and Responsibilities A digital executor is responsible for managing and transferring your digital assets according to your wishes. This role may involve closing accounts, transferring assets, and ensuring that your digital legacy is preserved. Legal Considerations Ensure that your digital executor has the legal authority to access and manage your digital assets. This may involve including specific provisions in your will or trust. 4. Digital Estate Planning a. Creating a Digital Estate Plan Legal Documentation Incorporate your digital assets into your will or trust. Clearly outline how you want your digital assets to be managed and transferred to your beneficiaries. Instructions for Heirs Provide clear instructions on how your heirs can access and manage your digital assets. This may include sharing your digital asset inventory and any necessary passwords or security information. b. Choosing the Right Tools Digital Legacy Services Several tools and services can assist in digital estate planning. These services help you organize, manage, and transfer your digital assets according to your wishes. Professional Assistance Consider seeking help from estate planning professionals. They can provide valuable guidance on incorporating digital assets into your estate plan and ensuring legal compliance. 5. Social Media Legacy a. Managing Social Media Accounts Legacy Contacts Designate trusted contacts for your social media platforms. These individuals will have the authority to manage or memorialize your accounts after your death. Memorializing Accounts Each social media platform has its own process for memorializing accounts. Follow the specific steps to ensure your accounts are appropriately managed and preserved. b. Social Media Afterlife Content Preservation Ensure that important content on your social media accounts is preserved. This may involve downloading photos, videos, and other personal content to share with your loved ones. Privacy Considerations Manage your privacy settings to control who can access your data posthumously. This ensures that your digital presence is handled according to your wishes. 6. Digital Inheritance and Legacy Planning a. Transferring Digital Assets Legal Framework Understand the state and federal laws governing the transfer of digital assets. This knowledge ensures that your digital inheritance is legally compliant and transferred smoothly. Beneficiary Designations Name beneficiaries for your digital assets. Clearly outline who will inherit each asset and provide the necessary information for accessing these accounts. b. Ethical Considerations Respecting Wishes Ensure that your digital legacy aligns with your personal wishes. Clearly communicate your desires to your heirs and make sure they understand your intentions. Communication with Heirs Discuss your digital estate plans with your family and heirs. This open communication ensures that everyone is aware of your wishes and can manage your digital assets accordingly. Conclusion a. Recap of Key Points Estate planning for digital assets is essential in today's digital age. By understanding the types and value of your digital assets, managing your accounts, and creating a comprehensive digital estate plan, you can ensure that your online legacy is preserved and transferred according to your wishes. b. Call to Action Start your digital estate planning process today. Create a digital asset inventory, appoint a digital executor, and incorporate your digital assets into your will or trust. Seek professional advice if needed to ensure your digital legacy is managed and preserved for your loved ones. For assistance with your digital estate planning, contact Robert Peterson, Attorney at Law, P.C.