Iron County Prosecuting Attorney
2 S. Sixth Street, Suite 1
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Staff:Melissa Powell Weston
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April |
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National Sexual Assault Awareness Month |
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Nat'l Crime Victim's Rights Week |
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October |
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| National Domestic Violence Awareness Month | |
Family Support:
Paternity Questions and Answers, Support Questions, Custody and Parenting Time Questions.
Tina Sundelius, Paternity Child Support Specialist
2 S. Sixth Street, Suite 1
Crystal Falls, MI 49920-1413
906-875-0634 ~ Fax: 906-875-0646
tsundelius@iron.org
Anatomy of a Crime Case:
Outline of the criminal process.
Witness Assistance:
IF YOU HAVE TO TESTIFY ...
Tell the truth! This is the single most important advice any witness should remember.
Dress neatly! A neat appearance and proper dress in court give an important first, and lasting, impression.
Conduct yourself in a dignified manner! The trial of a criminal case is a serious matter.
Be prepared! You should know days or weeks ahead of time that you will be testifying in court. Think about the incident and what happened so that you can recall the details accurately when you are asked in court. If you need help remembering these details, write the facts down. If you have already written a statement; review it.
Think ahead of time about the answers you will give to the questions you expect will be asked.
- Do not try to memorize what you will say in court. Jurors are hesitant to believe testimony that sounds "scripted". Also, the lawyers' questions may not coincide with your expected answers.
- Stick to the facts! The Judge or jury only wants to hear the facts as you know them to be, not what someone else told you.
- Relax ... speak clearly! You have nothing to fear when giving true answers. When you are asked questions, give your answer as clearly as possible.
- Expect to be questioned by several people. One of the basic rules in a criminal case is that both sides have a chance to question every witness. Questions asked by both sides have the same goal --- to find out what is true.
- Do not lose your temper. Be courteous. Don't let the defense lawyer upset you. It may seem at times that he is trying to pin you down, but he has the right to test how many of the facts you know and accurately remember.
- Don't start to answer a question until the question is finished. If you haven't yet heard the entire question, you don't really know what you're being asked. Don't "jump the gun" by answering what you think the question will be (when it is finished).
- Think about your answer before you give it. Your every word counts. Be descriptive. Be accurate. Vague or inconsistent responses give other people a chance to (mis)interpret what you meant your answer to be.
- Answer all questions to the point. If the question calls for a short answer, give a short answer; if you need to explain, explain.
- Answer only the question asked. Do not volunteer additional information.
- Don't exaggerate or guess! If you don't know the answer to a question, say so --- If you don't remember the information that you are asked about, say so.
- Answer the questions verbally. Your testimony is being recorded (either tape recorded or written down). No head shakes or head nods, or "uh-huh" instead of saying "yes" / "no"!
- Look at the jurors and speak to them when testifying. Jurors are ordinary people, like yourself. They consider attitude, facial expressions, and body language when evaluating testimony.
- If you don't understand or didn't hear the question, ask that it be explained or repeated.
- If our answer was not correctly stated, correct it immediately.
- Never attempt to talk to a juror about the case or any other matter while the case is being tried. This includes chance meetings during recesses, in hallways, at lunch, or any other place.
- If either lawyer raises an objection, stop speaking at once! After the Judge has ruled, you will be instructed whether to continue.
- The Prosecuting Attorney's Office will assist you with any questions you may have prior to your court appearance
Domestic Violence:
Information regarding domestic violence, and how to get help.
Michigan's Domestic Violence Statute
Michigan laws define "domestic violence" as an assault or an assault & battery by a
spouse
former spouse
person residing or having resided in the same household as the victim
person having a child in common with the victim
person with whom he/she has or has had a dating relationship [eff. after 04/01/2002]
Michigan uses two classifications of domestic violence:
Domestic Assault [MCL 750.81]
Victim need not be injured!
Criminal penalties (+ possible probation, counseling, community service, etc.):
lst conviction (misdemeanor)-. up to 93 days in jail and/or $500 fine
2nd conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine 3rd or more conviction (felony): up to 2 years in prison and/or $2,500 fine
Aggravated Domestic Assault [MCL750.81a]
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1st conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
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2nd conviction (felony): up to 2 years in prison and/or $2,500 fine
What Does "Domestic Violence" Mean?
Domestic violence is a learned pattern of physical, verbal, sexual and/or emotional behaviors in which one person in a relationship uses force and intimidation to dominate or control the other person. The partners may be married or not married; heterosexual, gay or lesbian; living together, separated or dating. Domestic violence occurs in all ages, races, genders and social classes.
The violence takes many forms and can happen all the time or once in a while. Examples of domestic violence are:
- physical assault or abuse --- hitting, pushing, shoving, slapping, choking, punching, kicking, grabbing, beating, throwing her down, tripping, twisting arms, biting, using a weapon
- threatened physical harm
- sexual assault or abuse
--- unwanted, forced sexual activity, making her do sexual things against her will, physically attacking the sexual parts of her body, etc.- stalking intimidation emotional abuse --- mind games, name-calling, put-downs, making the victim feel bad about herself jealousy --- a sign of possessiveness and lack of trust
- controlling behavior and forced isolation (from family or friends) --- controlling what the victim does, who the victim sees or talks to, where the victim goes, relocating to a remote area, etc.
- economic abuse --- preventing the victim from getting or holding a job, and controlling the purse-strings by withholding money, taking her earned money, giving her an allowance, making her ask for money, etc.
An important step to help yourself or someone you know prevent or stop violence is recognizing the warning signs listed on the "Violence Wheel".
If you are in an abusive relationship ...
You are not alone!
You are not to blame!
You can get help!- Get medical attention if you have been physically injured. Save evidence to document the abuse (medical records, photographs of injuries and damage to your property, etc.).
- Make a safety plan, which may include figuring out the "warning signs" that come before abuse:
- work out signals with neighbors to call the police ask a friend or relative to stay with you
- decide where you can go and what to take with you if you must leave (money, important documents, spare clothes, car keys, etc.) protect your children
- Report domestic violence and stalking to the police! They can & will:
- protect you from immediate danger, and help you and your children get out of the house safely; arrest the abuser without a warrant when there is reasonable cause to believe that an assault has taken place or that the abuser has violated a Personal Protection Order or a restraining order;
- advise you of available shelter programs and other services in your area;
- write out a police report which can be used to help prove the abuse occurred and show good cause for a judge to grant a personal protection order or a restraining order.
Shelters
Domestic violence shelters can provide safe, short-term housing, information, and assistance in considering all the options available to victims. They can also help break down the isolation victims have experienced in their abusive relationships and provide support from others who have been through similar experiences. Shelters provide a variety of supportive services which are confidential and free of charge:
- 24 hour confidential crisis hotline shelter for victims and their children crisis intervention information and referrals legal advocacy housing assistance transportation childcare individual counseling and support groups
- assistance in developing a safety plan
The Caring House ~ 1-800-392-783
Personal Protection Orders:
The law and what they are.
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