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Defending Domestic Violence Charges

Many of the instances of criminal allegations of assault or battery occur each year between two people can also be classified as domestic violence criminal charges. This simply means that the parties to the incident are connected through either blood, a shared child relationship, or having lived together in the past (whether now separated, divorced, or presently live in the same dwelling).

Domestic Violence Allegations in Michigan. Charges alleging domestic violence crimes are serious matters with Michigan law enforcement, since every statute pertaining to a violation of the Michigan domestic violence statute involves potential jail time, with up to 93 days for a first offender with little or no proof of injury to the complaining victim.

Michigan has laws criminalizing domestic violence, with 91,004 victims and 105 reported murders in 2017. Punishment for these crimes can be severe - up to 93 days in jail and a $500 fine - even for those who are 1st offenders at the lowest-level misdemeanors.

Jail time is a real possibility upon conviction on a domestic violence charge in Michigan.

In 1996, the federal Gun Control Act banned anyone with a domestic violence order or misdemeanor domestic violence conviction from owning firearms. All states include this in their TPO/TRO statutes. If presented with facts from a police officer who investigates, or eyewitnesses, a court may issue a protective order if the judge believes the respondent may commit certain acts.

To be considered a violation of "domestic violence laws," the relationship must involve a spouse, ex-spouse, dating partner, ex-dating partner, or someone with whom you have a child in common, or if presently/previously living together.

Acts of violence include both physical touching or hitting and other threatening behavior. The complaining person can be male or female and need not have a single bruise to be able to seek protection from a criminal court judge. A mere accusation of domestic violence could trigger the imposition of restrictive restraining orders and a conviction can make these orders permanent.

If you are facing these charges, you must be prepared to defend yourself at every opportunity. However, defending domestic violence charges in Michigan can be complex, so you may be well-served by seeking help from a qualified domestic violence lawyer.

How Does Michigan State Law Define Domestic Violence?

The classic example of a domestic violence charge in Michigan stems from a person physically, verbally, or emotionally assaulting their spouse. Under Michigan Penal Code §750.81, an assault on a household member is a misdemeanor for a first offense. While this is certainly an enforceable definition in its own right, the state's specific definition of domestic violence is much broader.

According to Michigan's Domestic Violence Act §400.1501, domestic violence is any act committed against a household member that causes or seeks to cause physical harm, places that household member in fear of physical or mental harm, or would cause a reasonable person to be in fear or feel harassed. The same statute defines a household member (that can be a victim of domestic violence) as being any of the following:

  • A spouse or former spouse
  • Any person that has ever lived with the defendant
  • A former or current dating partner
  • A former or current sexual partner
  • Any people related by marriage
  • A person with whom an individual has a child in common
  • A minor child
Common Defenses to Domestic Violence Charges

No matter the type of incident that leads to a Michigan domestic violence charge, defendants must be prepared to present a defense. The most common strategy in these cases is self-defense since all individuals have the right to respond with a reasonable level of force when under physical attack. If applicable, an attorney could help clients argue in court that an alleged incident of domestic abuse was simply a situation where they only sought to protect themselves.

Another potential defense to a domestic violence charge is that the alleged victim of the incident was not a household member under the definition provided by law. While this defense may not result in the charges being completely dismissed, many of the enhanced penalties that can accompany a domestic violence charge could be ruled out, as well as some prohibitive protective orders. An attorney with experience defending

Consulting a Michigan Domestic Violence Attorney

Any criminal allegation is a serious matter, but when these charges involve some sort of violence or threats against a household member, the potential penalties become much harsher. Not only could you be sent to jail or ordered to pay heavy fines, but you could also be subjected to restrictive restraining orders that affect where you can live, who you can socialize with, and even your parenting rights.

Defending domestic violence charges in Michigan can be tricky, so let an experienced attorney help you do it effectively. Every stage of a case is critical, so do not delay in getting the help that you need. Call today to schedule a consultation.

What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions? Few criminal law practice areas are more complex and confusing than domestic violence cases.

The Barone Defense Firm has domestic violence lawyers will represent you in any Michigan criminal court.
Call Today! FREE Consultation Lawyer and Receive Immediate Attention for Your Criminal Law Case Patrick T. Barone is a Michigan Super Lawyer, who has maintained continuous top attorney ratings since 2007. In addition, the Michigan native is the author of multiple books on OWI, DUI and criminal law. The OUIL attorney near me has lectured at over 80 legal seminars all over America. He leads Barone Defense Firm in providing aggressive legal warriors for each client's criminal case.

Contact us 24 hours a day at our law firm’s easy to remember toll-free number, 1-877-ALL-MICH or 877-255-6424, for a free criminal case review. The Michigan attorneys near me at Barone Defense Firm travel the entire Great Lakes State, to help citizens in legal trouble in Michigan for alleged criminal law violations.

For your FREE lawyer consultation, call today to learn how to protect yourself from a possible unwarranted conviction. What do you have to lose, when the free legal advice with our litigation team’s criminal lawyers near me can answer many tough questions?

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Patrick Barone is the ONLY choice for DUI defense. He was realistic from the start and made it a point to look at my case before taking my money. As a business owner, when I think of attorneys, I think of the "shark infested waters. Patrick is a shark alright, but his prey is not the client; it's justice for his client. Ten stars Patrick!! Chris F.
Attorney Patrick Barone was very helpful and helped me understand the charge and sentence absolutely clearly. He also guided me through step by step helping me form a statement. His instructions were clear and detailed. It was obvious he cared about me understanding every important detail within my case. I would absolutely recommend this defense firm to anyone in need. Aaron B.
The Barone Defense Firm is the firm I recommend. They are truly concerned about the person, not just the legal issue, but the person as well. They are the most knowledgeable defense firm that I am aware of, having actually written the book on DWI Defense. If you are faced with a DWI you will not find a more professional and skilled law firm. But, most importantly, they care about how the accused individual recovers his or her life when the case is complete. Very remarkable group of lawyers. William H.