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Bloomfield Hills Domestic Violence Lawyer
Despite the stereotype of one family member bullying another, in actuality, domestic violence is often difficult to determine what initiated an incident and which parties took aggressive action. The penalties in Bloomfield Hills can be severe, so it is crucial to ensure that the facts of a domestic violence situation are investigated fully and presented fairly in any resulting legal proceedings. To help preserve evidence, anyone accused of a domestic violence crime should begin working with an experienced Bloomfield Hills domestic violence lawyer as soon as possible.
Domestic violence is not a separate crime on its own. It refers to a crime that is committed in the context of a domestic relationship. Essentially, any crime can be considered an act of domestic violence if used by one family member as a means of controlling another. As a practical matter, however, most domestic violence cases involve a type of assault. A distinguished defense lawyer can build a strong possible defense and advocate on your behalf throughout the entire process to bring about the optimum result. En Español.Relationship Between the Parties
For an assault to be considered a domestic violence crime, it must occur between two or more people in a domestic relationship. Section 750.81 of the Michigan criminal code defines a domestic relationship to include:
- Former spouses
- Individuals who dated in the past or present
- A couple who have had a child together
- Individuals who resided together in the past or present
The law specifies that a dating relationship is defined as having frequent, intimate associations that include the expectation of affectional involvement and that individuals engaged in a casual relationship or ordinary socialization in a friendship or business context are not considered to be dating.Domestic Assault
Assault is classified in different degrees of severity under Michigan law, and the penalties increase depending on the circumstances and the number of prior offenses. A simple domestic assault occurs when one member of a household or relationship commits an act of assault or assault and battery against another member of the household or relationship. In basic terms, an assault is the threat of violence or an attempt at a violent act, and a battery is the contact resulting from such a threat or attempt.
It is not necessary for any injury to result for an act to be considered an assault. Under this definition, parties engaged in an argument may commit assault without even being aware that they have engaged in criminal behavior. It is important to contact a Bloomfield Hills domestic violence lawyer before proceeding to trial.
This form of domestic assault is punishable by up to three months in jail and a fine of up to $500 for a first offense. Subsequent violations increase the penalty to up to five years in prison and a fine of $5,000. If the assault results in a “serious or aggravated” injury, the penalty also increases and if a weapon is used, the crime escalates to a felony.Consulting a Bloomfield Hills Domestic Violence Attorney
Domestic violence is a sensitive topic in the news and a subject that lawmakers and police take very seriously. Although the offense may be charged as a misdemeanor, it nevertheless requires prompt and careful attention to minimize the negative consequences. If you are facing a charge involving domestic violence, time is of the essence. Contact an experienced Bloomfield Hills domestic violence lawyer to get advice right away on how to work toward the best possible outcome in your case.