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Family Law Appeals
Civil Appeals
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U.S. Supreme Court Upholds Law Disarming Persons Subject To Domestic Violence Restraining Orders
Speaker Law Firm 7/17/24 Speaker Law Firm 7/17/24

U.S. Supreme Court Upholds Law Disarming Persons Subject To Domestic Violence Restraining Orders

An individual may be “temporarily disarmed consistent with the Second Amendment” when a court determines that he or she poses “a credible threat to the physical safety of another.”

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Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible
Speaker Law Firm 5/12/23 Speaker Law Firm 5/12/23

Trial Court Abused Its Discretion by Admitting Evidence That Was Inadmissible

The trial court abused its discretion by admitting the GAL’s reports, LARA documents, and expert opinion testimony about domestic violence because each piece of evidence was inadmissible.

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Trial Court Must Clarify Why Domestic Violence Victim’s Parental Rights Were Terminated
Speaker Law Firm 1/25/23 Speaker Law Firm 1/25/23

Trial Court Must Clarify Why Domestic Violence Victim’s Parental Rights Were Terminated

The Michigan Court of Appeals has vacated an order terminating the parental rights of a mother who was the victim of domestic violence.

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Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19
Speaker Law Firm 5/25/22 Speaker Law Firm 5/25/22

Appeals Court: DHHS Made Reasonable Reunification Efforts During COVID-19

DHHS made reasonable efforts to reunify the respondent-parents with their child despite the challenges presented by the COVID-19 pandemic

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Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal
Speaker Law Firm 2/16/22 Speaker Law Firm 2/16/22

Michigan Supreme Court Vacated the Judgment of the Court of Appeals and Remanded the Case for a New Appeal

The Michigan Supreme Court found that the Respondent's counsel provided ineffective assistance by failing to cite to the record, citing incorrect legal standards in support of those claims, and failing to raise potentially meritorious claims.

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Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights
Speaker Law Firm 2/16/22 Speaker Law Firm 2/16/22

Trial Court Wrongly Referenced Domestic Violence When Terminating Parental Rights

The trial court properly terminated the respondent-mother’s parental rights because at least one of the statutory termination factors was met.

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Corporal Punishment Is Domestic Violence, Custody Order Properly Modified
Speaker Law Firm 1/27/21 Speaker Law Firm 1/27/21

Corporal Punishment Is Domestic Violence, Custody Order Properly Modified

The trial court correctly modified the parties’ custody order to give the mother sole legal and physical custody of the children.

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Dad’s Use of Corporal Punishment Constituted Domestic Violence: Custody Properly Modified
Speaker Law Firm 4/29/20 Speaker Law Firm 4/29/20

Dad’s Use of Corporal Punishment Constituted Domestic Violence: Custody Properly Modified

A father’s use of corporal punishment as a disciplinary method constituted as domestic violence and, as a result, the trial court properly modified custody.

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Elected Official’s Plea Deal Could Not Keep Him From Seeking Public Office
Speaker Law Firm 12/12/18 Speaker Law Firm 12/12/18

Elected Official’s Plea Deal Could Not Keep Him From Seeking Public Office

A plea agreement reached by a former Michigan senator was contrary to public policy because it prohibited the senator from seeking public office during his five-year probationary period.

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Termination of Parental Rights Based on Parent as a Domestic Violence Victim
Speaker Law Firm 4/30/14 Speaker Law Firm 4/30/14

Termination of Parental Rights Based on Parent as a Domestic Violence Victim

Under In re Plump, 294 Mich App 270, 273; 817 NW2d 119 (2011), a parent’s parental rights cannot “be terminated solely because he or she was a victim of domestic violence.”

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COA Affirms Termination for Domestic Violence Victim
Speaker Law Firm 8/21/13 Speaker Law Firm 8/21/13

COA Affirms Termination for Domestic Violence Victim

The opinion is troubling. It does not appear that the child was a victim of domestic violence or that mother failed to protect the child.

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