Those accused of family violence (FV) by being issued a TRO (temporary restraining order) will need the help of experienced domestic violence attorneys to defend these serious criminal domestic violence charges. This need to retain a domestic violence attorney is equally applicable to both misdemeanor and felony cases, since both can bring painful and disruptive jail consequences.
Many far-reaching implications (in this criminal practice area) can come from a client being accused by an alleged victim of domestic violence of some sort of domestic abuse. As required by federal guidelines, the rights of the accused will be placed behind the community’s efforts to provide a victim in domestic violence cases with protection of the complaining party and children who are affected.
By retaining one of the State’s best domestic violence lawyers, you can possibly obtain a modification of the protective order that is related to the criminal charges. However, this option is usually only viable if your criminal defense attorney talks with the law enforcement personnel who investigated the domestic violence (DV) allegations and then made an initial arrest decision.
If a Barone Defense Firm lawyer sees problems with the initial family law ex parte hearing requested by your spouse or domestic partner, this may be cause for a new hearing. More likely, though, this case review will allow our firm’s law specialist to help you comply with the judicial order and seek to have the more serious charges dropped or reduced to a less serious charge.
What Is Domestic Violence, in Michigan?
Domestic violence is an act of controlling another “related” person through physical, sexual, and emotional abuse. The victim and accused need not be married. Nor do they need to presently be living together.
What type of domestic violence allegations are needed to cause an arrest in MI? In Michigan, if the violence allegations include domestic assault being a covered crime. This means that no physical touching (which is called “battery”) is needed to support an officer making an arrest.
Domestic battery signifies a situation for which a person commits a physical attack on a person. This level of violence includes “touching” or grabbing the body or clothing of the alleged victim, even if an injury is not apparent.
These cases include attacks on a spouse, on a dating partner, on a person who has a child by that person, or on a person who is now or has been (in the past) a resident of that person’s home. been, a victim of domestic violence.
Domestic assault and battery are considered a misdemeanor offense. A person convicted of these crimes faces a mandatory jail sentence of up to 93 days and a fine of up to $500. A person convicted of domestic violence with no prior convictions faces a lesser punishment of up to one year in jail.
Details about Michigan’s Domestic Violence laws. It is a crime in Michigan, with 91,004 victims and 105 reported murders reported in the year 2017 alone. Punishment (even if the lowest level misdemeanor DV case) can be crippling, since up to 93 days in jail time plus a $500 fine, are the possibly penalties.
Having a spouse, ex-spouse, dating partner, ex-dating partner, a person with whom you have a child in common, or if presently living with or previously lived with that person in the same house (for any period of time) are cases that qualify for being a domestic relationship.
In 1996, Federal Gun Control Act amendments prohibited those with a domestic violence order or a conviction for a misdemeanor domestic violence crime from owning guns. So, all states incorporate this guideline in their TPO (temporary protective order) or TRO (temporary restraining order).
Following a hearing on the facts introduced by police and other witnesses, the court may issue a protective order. Such an Order would be called for if the judge finds a reasonable basis to think the respondent may commit any of the mentioned acts.
What if no evidence exists of bruising or cuts? A protective order cannot be denied just because there is no police or medical report or visible signs of physical abuse. (Read the Domestic Violence Statute in Mich. Comp. Laws §§ 600.2950 and 600.2950a.
What Kinds of Conduct Will Violate the Judicial Order to Stay Away?
A personal protection order issued by a judge may include any of the following prohibitions of future actions and any type of harassment by the respondent toward the alleged victim:
Removing or attempting to remove a minor child from the person who possesses legal custody
Purchasing a gun or possessing any firearm, whether owned or not
Entering the home or residence of petitioner (victim) in the case
Making threats to injure or kill the complaining party or a child of the parties
Physically touching or striking the domestic partner or former spouse or domestic roommate
Trying to block or stop the alleged victim from removing a minor child or property from the respondent’s owned or leased premises, pursuant to a lawful court order
Doing anything to interfere with or subvert the complaining party’s job location or school.
Obtaining or having access to information or records pertaining to a minor child of the parties, such as the cell phone number, email, texting, or going to the purported victim’s work address
Stalking or following the complaining party in any manner or place, in violation of court orders (e.g., posting information about a pending divorce or the domestic violence charge or any other personal information on a blog posting, website, or social media location like Twitter or Facebook)
Engaging in conduct that reasonably would put the complaining witness in fear of impending violence occurring, or in any way limits her or his personal liberty.
Get Immediate Help With a Michigan Domestic Violence Case
Call today for a free consultation with a Barone Defense Firm attorney. Take advantage of our vast experience with such cases in all areas in the State of Michigan.
Our interview process with an experienced domestic violence lawyer near me usually provides people seeking answers to get them. Our experienced professionals in the criminal law business will try to protect you from the harsh potential penalties a DV case can bring.
For a free criminal case review, contact our domestic violence lawyers in Michigan 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424.