DETROIT (WWJ/AP) – The Michigan Court of Appeals says a mother accused of firing a shot when police tried to remove her physically-impaired daughter from their Detroit home in 2011 should face charges.

Appeals judges say an order to take Maryanne Godboldo’s teenaged child was indeed valid, and there was indeed sufficient evidence to support criminal charges including assaulting a police officer. The case now goes back to 36th District Court.

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Click here to read the court’s opinion (.pdf format)

The Wayne County Prosecutor’s office had appealed a 2014 decision by 36th District Court Judge Ronald Giles to dismiss charges a second time against Godboldo, who was arrested in March 2011 on multiple charges including discharging a weapon and felonious assault.

Godboldo said police came to her home because she took her then-13-year-old daughter off the anti-psychotic drug Risperdal, which is used to contain aggression and treat autism. State officials maintained the girl was at-risk without proper medication. Police surrounded the house and arrested Godboldo about 12 hours later.

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Godboldo claimed that police did not produce a warrant when they came to remove her daughter.

Charges were initially dismissed in August 2011 by Giles, but the appeals court ordered them reinstated after prosecutors appealed.

The Godboldo case received national attention as supporters rallied behind her, saying they were focused on protecting parental rights. Supporters argued Child Protective Services overstepped their boundaries by trying to force their view on the family as to what kind of medication the girl should be given.

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