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Birmingham Domestic Violence with Injury Lawyer
Any act of violence or intimidation committed toward another house member could be considered domestic violence in Michigan. If you are facing accusations of domestic violence, it is important to take steps to protect yourself, especially if that alleged violence ended with someone becoming injured.
A Birmingham domestic violence with injury lawyer could help individuals facing charges of assault, sexual abuse, or even kidnapping against a household member. A professional attorney could work to protect your rights and help you understand both the criminal charges you face and the integral part a defendant plays in their home environment.How Does the Law Classify a Crime as an Incident of Domestic Violence?
The Michigan Penal Code contains no specific criminal charge known as domestic violence—it is simply a word used to describe actions someone takes against a household member. The primary Michigan statute that addresses allegations of domestic violence is the Domestic Violence Act.
This act states that domestic violence could be any act committed against a household member that is designed to cause fear or injury. In other words, while many domestic charges involve an injury, it is not necessary for police to observe injury before making an arrest.
The Domestic Violence Act further states that is it illegal for someone to act in a manner to intimidate a household member. For example, if someone attempts to physically strike their intimate partner, this could be viewed as domestic violence even if the punch does not connect. In such a scenario, it is possible that the police may make an arrest for assault and mark the case as an instance of domestic violence.Who May Commit Domestic Violence?
It is critical that defendants in these cases understand the concept of a household member under Michigan law. When many people consider the concept of domestic violence, they think of a crime committed against a spouse or dating partner.
However, Michigan expands this definition to include any person with whom the defendant lived. For this reason, even roommates could find themselves charged with an incident of domestic violence if they get into a fight. This further underscores the important role a Birmingham domestic violence with injury lawyer could take in defending your best interests no matter what form domestic violence charges take on.The Effect of Classifying a Case as Domestic Violence
The preeminent difference between domestic violence charges and simple criminal charges is the ability of the alleged victim to seek a protective order. This order could require the defendant to cease all contact with the alleged victim.
For individuals living together, this may render the defendant without a place to stay. If the potential defendant and alleged victim share children, it may follow that a defendant is unable to see their children. Conversely, a Birmingham Domestic Violence with Injury Lawyer could help defendants by arguing against the creation of these protective orders.A Birmingham Domestic Violence with Injury Attorney May Be Able to Help
Domestic violence allegations, whether they involve an injury or not, are serious matters that can damage an individual’s life before a trial date is even set. Prosecutors could ask the court to remove a defendant from their home based on the mere allegation of violence against a household member. If the case ends in a conviction, this order may become permanent.
This is why it could be imperative for you to consult a Birmingham domestic violence with injury lawyer to discuss the details surrounding your case. Domestic violence defense cases, especially those allegedly involving an injury, can benefit from the keen idea for detail and experience a seasoned attorney could provide, so if you are facing these charges, reach out today to schedule a consultation.