If the parent is the victim, are they required to pay juvenile detention costs for their child’s detention?

What are the laws regarding DV/Assault in MI when a child assaults a parent? Costs were incurred for the child being detained in Juvenile Detention and the victim (mother) is now required to pay over $7,000 in fees. In other States victims are not required to pay and now the mother is being threatened with garnishment and a warrant. What is the law?

Asked on December 20, 2010 under Bankruptcy Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You are confusing two issues. The mother is not paying because she was a victim; she is paying because she is the child's mother. If this is a fee that parents would typically have to pay on behalf of their offspring in MI, then it is proper--the fact that the mother was assaulted does not, by itself, dissovle the parent-child relationship or alter the parent's obligations. So if the mother  would had had to pay this charge had the child assaulted some third person, she would have to pay here. If it is a hardship, she may be able to get the fee waived or reduced and she should pursue that avenue with the state.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.