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Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20222
Experience:  Licensed attorney with 29 yrs. exp. in criminal law
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01/2/2012 My son was arrested this afternoon to the Livingston

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My son was arrested this afternoon to the Livingston County Sheriff Dept in Howell, MI because his significant other determined that the fight they both got into over Christmas should have a record.
The home the significant other is living in with my son's and her 3 children (they are not married but children have his last name) is owned by me along with the vehicle they are using.
The significant other's mom has been trying to break up the relationship ever since the firs child was born 6 years ago and now that the mom has barely any income she started turing the children against their father (my son).
A fight occured because the home they were visiting at Christmas time has marijuana in it and my son did not want his children there so a fight started with both my son and his significant other causing minor injury to each other....that was last weekend.
I spoke to her to day and I told her that she could have moved out and left with the kids at any time and that it seemed odd that today of all days, when he was waiting to hear if he would be getting a job, she decides to call the sheriff and I told her that I felt that her and her mother had planned all of this.
What is my legal recourse on this? I would like to see this mother of the significant other have charges brought against her for disrupting the peace and harmony of the children's home but not sure if that is something my son would have to do.

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Submitted: 5 years ago.
Category: Criminal Law
Expert:  Marsha411JD replied 5 years ago.

I am not exactly sure what standing you might think that you have to do anything in this case other than in relation to your own property. You have no standing to take any sort of action against the mother of your son's girlfriend. Even if someone did have standing, such as your son, there would be no legal basis for any action against this woman's mother.

This issue of the alleged domestic violence is completely between your son and his girlfriend, and now the State, since he has been arrested. He can, if he chooses file charges against his girlfriend as well if she hit him too or first. Other than that he needs to speak to his criminal defense attorney about the particular facts of his case to see if his attorney thinks he can get the charges dismissed or at least reduced to something like disturbing the peace, if anything.

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