What is pleading the fifth? That's for defendants, not witnesses, right?

Q: what is pleading the Fifth? Isn't that only for defendant? I don't have a subpoena yet, but I think I will have to testify. The problem is, I said things to the police while I was angry. Now my fiancee is being charged, I don't want to testify against him, I love him.

A: Hi, thanks for your question.
The way I understand your question is: You gave an earlier statement to the police, your fiancee was  charged as a result. Now, the court is trying to see whether the charges against your fiancee are proven beyond a reasonable doubt, and to do that you may be called to testify.

The problem you are facing is that if you are called to testify truthfully, and do not, will the prosecutor decide to charge you with perjury (which is the technical name for making a false statement)? Perhaps you should seek a one-to-one consultation with an attorney to see what else you need to defend against.

"Pleading the fifth" is not only available to defendants, but also to witnesses, who may be chargeable as defendants.

Again, I suggest you talk to an attorney (preferrably not the same attorney your fiancee has) for more advice.

Yours,
Nancy

Q & A: Renter's rights: can I break my lease early if I am in a domestic violence situation?

Q: Hi, I am in a bad situation. I started to let my boyfriend live here, and he's gotten into lots of fights with me that have turned physical. Once he gave me bruises on my face, it's been so bad that I am scare to come home. The problem is that I am on the hook for the rent, and he lives here now (even though he is not on the lease). I have started to think about getting a personal protection order on him, what else can I do? I don't want to break the lease.

A: Michigan law has already provided an answer to your situation.

You can find the relevant law here: http://www.legislature.mi.gov/(S(ly1jx2xmvpalcjjunzqs40ts))/mileg.aspx?page=getObject&objectName=mcl-554-601b

If you give written notice, with documentation (the personal protection order would be the best thing to show) that you're reasonably in fear of domestic violence, your landlord is required by law, to allow you to break your lease early. You will essentially be paying for your current month's rent, and 30 days after the written notice is given to the landlord.

I suggest that you do obtain the PPO, serve it properly on the boyfriend (this may require you hiring a process server, money well spent), and then giving a copy of it to your landlord.

Best of luck in your situation.
Yours,
Nancy

New Michigan laws : Revenge porn bill is now law

PA 87-88 Increases penalties for assault and battery of pregnant woman

PA 89-90 Revenge porn bill is enacted

PA 91 Provides for alternate service of legal papers when person is protected by PPO

Article here (via the Freep)
From the article:

LANSING — Nearly 150 bills were signed into law by Gov. Rick Snyder during the second quarter of 2016 dealing with everything from protections for victims of stalking and domestic violence to more mundane bills dictating what color flashing lights can be used on snow plows.

The new laws for domestic violence victims will: make it easier to process and serve notice of personal protection orders, require judges  not to let actions taken by a parent to protect their children from possible violence from another parent color their rulings on custody cases, and prohibit custody or visitation for a parent who is the perpetrator when a child has been conceived through sexual assault.

It's hard to unseat a federal judge - they serve for life

“Federal judges have life tenure and the reason for that is to enable them to resist popular and legislative pressure,” University of Pittsburgh law professor Arthur Hellman said. “There is a long history of popular calls for impeaching federal judges, though generally for their [legal] decisions.”A federal judge can’t be forced from the bench even if convicted of a felony, he added.


This quote comes in connection with Alabama Federal judge Mark Fuller being called on to step down after domestic violence allegations. 

Article here.

The 11th Circuit Court of Appeals has reassigned Judge Fuller’s caseload. The judge agreed to undergo counseling and a drug and alcohol evaluation through a pretrial diversion agreement with a Georgia court under a  program that gives certain non-violent offenders an opportunity to avoid prosecution.  The charges will be dropped if he completes the program.

“This incident has been very embarrassing to me, my family, friends and the court,” Judge Fuller told reporters in a statement last month. “I deeply regret this incident and look forward to working to resolve these difficulties with my family, where they should be resolved.”

George Zimmerman charged with aggravated assault and domestic violence.

George Zimmerman, acquitted in July in the fatal shooting of 17-year-old Trayvon Martin, was arrested Monday afternoon for allegedly pointing a shotgun at his girlfriend and pushing her out of her house as he packed to move out, the Seminole County Sheriff's Office said.

Zimmerman, 30, was booked for aggravated assault with a weapon, a felony, in addition to misdemeanor battery-domestic violence and criminal mischief. Scheibe was not injured.

article here. 

10 Michigan women deserve to be freed from prison, group says

Ten Michigan women convicted of murder — including a former Farmington Hills fourth-grade teacher who killed her husband with a hatchet — deserve to be freed from prison because they were victims of domestic violence and didn’t get fair trials, a women’s clemency group argues.

article here. 

“These women are not a threat to anybody,” said project director Carol Jacobsen, a University of Michigan professor in women’s studies. “The whole social understanding of battery and abuse has changed since the 1980s and 1990s, when many of these women were convicted. In many of these cases, the abuse was never raised at trial.”