QUESTION

Can I still press charges and file a police report regarding the threats, breaking and entering and theft against my ex husband?

Asked on Jan 17th, 2014 on Criminal Law - Michigan
More details to this question:
This is a two-part question: 1) June 2012: My ex husband broke into my home 6 months after our divorce and accessed my computer to see who I was communicating with; I came home to find him at my home. An altercation ensued, he threatened me, threatened to kill my now-spouse, and threatened to burn my house down, and left. Shortly after, he returned and forced his way into my home, taking things that were not his because "he was owed it". I called 911 at that time, however, because our son was present, I did not want him to see his father being hauled off in handcuffs, and thus, did not press charges. He left with the items, and only returned them when I threatened to sue. The question is, can I still press charges and file a police report regarding the threats, breaking and entering, and theft? It is now Jan. 2014; the reason being, see question 2. 2) My ex husband is suing me for 50/50 custody for "withholding custody" for 2 days. I brought up my concerns that someone was sexually abusing our child. I never accused him of it, and had kept him informed of every event our son has demonstrated, (pulling his pants down in class multiple times, getting on his hands and knees putting his face in peoples' crotch, asking people to put things in his anus, drawing pictures of naked men.) I took my son to see a Child Psychologist, he did not disclose anything at the time, but the day he visited the Psychologist, during getting ready for bed, he broke down and started crying that a "monster/bear" knocked him down and kissed his butt, and that he was scared. I immediately called the Psychologist and informed him. He indicated that I should call CPS, and that if I did not, he would. So I called, the next day was my ex husband's right of custody. I informed my ex husband of what was said, and that I thought we should isolate our son until we were sure no one was hurting him. He proceeded to berate me, accusing me of making things up, and hung up on me.
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2 ANSWERS

Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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No... too much time has passed.
Answered on Jan 22nd, 2014 at 10:20 AM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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You are mixing apples and oranges, and his prior wrongful actions do not exonerate your present actions. Without evidence of wrongdoing you cannot take from him his parenting time. That said, I doubt the court will change the custody arrangement (if you are in Michigan) on the basis stated. You should make clear and document, your expressions of your concerns and the evidence for them and off to WORK TOGETHER to get to the bottom of the matter and your son's benefit. If you do that, and he rejects your effort, it will reflect very poorly on him.
Answered on Jan 22nd, 2014 at 10:19 AM

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