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Posted: 9/20/2005 10:04:55 AM EDT
My brother is in a nasty custody battle right now with his GF.  Shes a meth addict so he has had the child since the break up.  therre is a child custody hearing tomorrow that she is expected to lose badly. She has made it clear that her and her boyfriend intend to try to take the child if they can.

right now my brother, his child, my dad and grandparents are bugged in at my grandparents house.  There have been people watching the house and following them for days.  My brother has been assaulted twice already.

If the g/f's tweeker friends break into the house in an apparent attempt to kidnapp the child is my dad and grandfather legally justified in repsonding with deadly force?  Is there an obligation to retreat in michigan law?
Link Posted: 9/20/2005 2:24:02 PM EDT
[#1]
IM sent
Link Posted: 9/25/2005 3:27:06 AM EDT
[#2]
God I would hope so...
Link Posted: 9/28/2005 7:41:29 AM EDT
[#3]

Is there an obligation to retreat in michigan law?


Yes.
Link Posted: 9/28/2005 9:08:00 AM EDT
[#4]

Quoted:

Is there an obligation to retreat in michigan law?


Yes.



Not if you are in your home or attached garage.
Link Posted: 9/28/2005 7:13:53 PM EDT
[#5]
Generally you have a duty to retreat from an attacker when doing so will not expose you to greater danger. However, in Michigan you have no duty to retreat while in your house and you may use deadly force to repel an assailant or to prevent his forcible entry.
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