What to Bring to a First Meeting With a Lawyer About a Michigan Domestic Violence Case

For a first meeting about a Michigan domestic violence case, bring every court paper you were given, your own evidence in its original form, and a short list of facts about yourself that change the legal analysis: prior record, firearms, immigration status, children and occupation. The court papers come first, because they can carry conditions and deadlines that are already running: a release order states its conditions and dates, and an ex parte PPO starts a 14-day period for a motion to modify or terminate it.^[1][4]

The list below works for a meeting with an appointed lawyer or a retained one. If the person charged is in custody, a family member can gather most of it, but should not be asked to contact a person protected by a no-contact condition to collect papers or belongings; see When a family member is arrested.

Court papers

Bring	What the lawyer uses it for
The complaint, warrant or other charging paper	A complaint states the substance of the accusation and the name and statutory citation of the offense.[2] The subsection cited matters: MCL 750.81(2) carries up to 93 days, and MCL 750.81(4), which applies with a qualifying prior conviction, carries up to 1 year.[8][9]
Any notice of prior convictions attached to the complaint	When the prosecutor seeks a repeat-offender sentence for domestic assault, the complaint must contain a separate notice listing the prior convictions relied on.[3]
The release (bond) order	It states the conditions, the date they became effective and the date the order will expire.[1] The lawyer checks who is protected, which addresses are off limits, and whether there is a firearm condition.[10][11]
The notice of your next court date	The 48-hour waiting period before a bench warrant for a missed court date does not apply when the case is for an assaultive crime or a domestic violence offense as defined in MCL 764.3.[12]
The bond receipt, and the name of whoever posted it	What is returned at the end of the case depends on how bail was posted; under the court rule, where a 10 percent deposit was posted for a crime governed by MCL 780.66 and the conditions were met, the court returns 90 percent of the deposit, or all of it if the defendant is not convicted of the charged crime.[13]
Any personal protection order (PPO) and the petition served with it	A PPO must state the conduct it prohibits, its expiration date, and, if issued ex parte, that the respondent may move to modify or terminate it within 14 days after service or actual notice.[14] The petition states the facts it is based on.[15]
Custody, parenting-time, divorce or other family court orders	If a no-contact condition conflicts with another court order, the most restrictive provision controls until the conflict is resolved, and a PPO takes precedence over an existing custody or parenting-time order.[16][17]
Probation or parole paperwork from any other case	Under the probation statute a new violation of law, whether or not charged, is not a "technical" probation violation, and neither is a violation of an order to have no contact with a named individual.[18]

Write the date you received each paper on a separate sheet, and for a PPO the date and manner in which you were served or told about it. That date starts the 14-day period.^[4]

Police and incident information

You may not have the police report. Officers who investigate a domestic violence incident must prepare a standard domestic violence report that records, among other things, who called, the relationship, a narrative, any injuries and any previous incidents.^[19] The lawyer gets it from the prosecutor: on request the prosecutor must provide police reports, the defendant's own recorded statements and any exculpatory information.^[20] What helps is the information that lets the lawyer ask for the right material:

• The name of the police agency and, if you have them, the officers' names and the incident number.
• The date, time and address of the incident, and who called 911 if you know.
• Whether officers wore body cameras, and whether you were questioned at the scene, in a patrol car or at the station. A law enforcement agency must keep an evidentiary body-camera recording for at least 30 days, and until the case is complete when it relates to an ongoing prosecution.^[21]
• Whether you gave a written or recorded statement, and whether you were read your rights first. Miranda warnings are required for custodial interrogation.^[22]
• Whether anyone was treated for injuries, and where.

Your own evidence, unaltered

Bring originals or complete copies, not selections. To be admitted, a text message, photo or recording needs evidence sufficient to support a finding that it is what the party offering it claims, so context and completeness matter.^[23]

• Messages and call logs between you and the other person for the days around the incident, as full threads with dates, plus the phone itself if possible.
• Photographs and video, including any injuries to you, damage to property, and home security or doorbell footage. A photograph is admitted on testimony from someone familiar with what it shows that it is accurate.^[24]
• Your own medical records if you were hurt. Police agency policy must emphasize that an officer should not arrest a person the officer reasonably believes acted in lawful self-defense, and once there is some evidence of self-defense the prosecutor must disprove it beyond a reasonable doubt.^[25][26]
• Voicemails, emails and social media messages, including messages sent to you since the arrest. If a no-contact condition is in place, do not answer them: the condition restricts the defendant, and the criminal court cannot issue a mutual order, so a message from the protected person does not lift it.^[27]

Do not delete, crop, edit or tidy anything. Knowingly and intentionally removing, altering, concealing or destroying evidence to be offered in a present or future official proceeding is a felony, and so is offering evidence that the person recklessly disregards as false.^[5][28] Do not log in to another person's accounts or devices to collect material. More in Text messages and social media evidence.

Names of people who know something

List anyone who saw or heard the incident or the hours before and after it, with phone numbers and a line on what each person knows. Give the list to the lawyer and leave the contact to the lawyer. In a felony case, and in a misdemeanor case if the defendant elects it, each side must on request disclose the witnesses it may call.^[29][30] Do not approach the complaining witness or ask others to. The witness tampering statute applies whether or not a subpoena has been served, if the person knows or has reason to know the other person could be a witness.^[31]

Facts about you that change the analysis

1. Every prior arrest, conviction, deferral or diversion, in any state, with approximate dates and courts. A prior assault conviction against a person in a protected relationship raises the maximum to 1 year, and two or more make the charge a felony carrying up to 5 years.^[9][32] A completed deferral under MCL 769.4a counts as a prior conviction for that purpose, and a person can have only one.^[33]
2. Firearms and licenses. What you own, where it is kept, and whether you hold a concealed pistol license. A release order may bar possession, and a clerk who is notified of the charge must suspend a concealed pistol license until final disposition.^[11][34] A conviction for a misdemeanor involving domestic violence carries an 8-year Michigan ban, and the federal ban after a misdemeanor crime of domestic violence has no time limit apart from a 5-year rule for a single conviction involving a dating relationship.^[35][36][37]
3. Citizenship and immigration status. Bring your documents. A noncitizen convicted of a "crime of domestic violence," as federal law defines that term, after admission is deportable, and defense counsel must advise a noncitizen client whether a plea carries a risk of deportation.^[38][39][40]
4. Occupation and licenses. Say so if you are a teacher, a health-care worker, a police officer, in the military, or hold any state license.^[41][42][43] A police officer or service member with a qualifying conviction cannot lawfully possess even a government-issued firearm under federal law.^[44]
5. Children. Names and ages, who they live with, and any pending family court case. Domestic violence is a best-interest factor in custody.^[45]
6. History between you and the other person. Earlier police calls, earlier protection orders, and any earlier incidents in either direction. Evidence of other acts of domestic violence can be admitted against a defendant in a domestic violence case, generally if the act occurred within 10 years of the charged offense.^[46][47] A lawyer needs to hear about them from you first.
7. Where you are living now and whether the release order keeps you from your home, your car, your tools or your medication. See Getting your belongings during a no-contact order.

Financial information

If you are asking for appointed counsel, bring proof of income, public benefits, housing costs, debts and dependents. The indigency factors include income or funds from any source, property, outstanding obligations, and the number and ages of dependents, and statements about them are made under oath.^[48][49] If you are hiring a lawyer, the basis or rate of the fee must be communicated to you, preferably in writing.^[50] The two routes are compared in Court-appointed or retained counsel.

What to leave at home

• The protected person. Coming together is contact, and a release condition can forbid contact of any kind.^[51]
• A letter, text or affidavit you asked a witness to write. Offering anything of value, or using threat or intimidation, to influence testimony is a felony.^[52][53][54]
• Firearms. Bring the list described above.
• Friends who will sit in. Ask the lawyer first whether another person's presence affects the confidentiality of the conversation.

Questions to have ready

The meeting runs both ways. A lawyer must explain a matter to the extent reasonably necessary for the client to make informed decisions, and the decision on any plea is the client's.^[55][56] A prepared list of questions is in Questions to ask a defense lawyer. For background on what the lawyer will be looking for in your documents, see Evidence used in Michigan domestic violence cases and Discovery.