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Michigan Domestic Violence Lawyer
Domestic violence charges are taken very seriously in Michigan and often carry serious consequences. In this era of “me too” courts are becoming increasingly receptive to sometimes questionable allegations of abusive conduct. To be considered domestic violence though the allegations must be made by someone with whom you have lived or to whom you’ve been married or otherwise have had an intimate relationship. While it’s good that women’s allegations are taken more seriously than in the past, this greater scrutiny can sometimes result in individuals who are not guilty of any real legal infraction can finding themselves ensnared by this legal maze.
Michigan’s criminal laws covering these matters have specific and serious penalties for engaging in what is abusive conduct within the context of an intimate relationship, even if the two individuals were never married. Domestic assault charges can sometimes result in harsher penalties than would be applicable for similar conduct in other situations. In today’s environment, testimony by alleged victims can be very persuasive to judges, juries, and the police, even when such testimony is not whether entirely truthful. Where serious or aggravated injuries requiring medical attention are alleged, you’re looking at the possibility of rapidly escalating penalties.
Like all Americans, even those accused of domestic assault are presumed innocent until proven guilty. The law requires that the government prove their case beyond a reasonable doubt. An experienced domestic violence attorney in Michigan will look for this doubt and find the weaknesses in the prosecutor’s case. Ordinary fights and marital strife are not the domestic violence and your attorney may need to show how the allegations in your case are not what they seem.
Examples of some of the things your lawyer will look at will be lack of any physical evidence of violence; lack of supporting or corroborating testimony from neighbors, friends, family, roommates or others who may have witnessed the alleged misconduct. Another thing your lawyer will look for is video recordings, which today seem to be everywhere. If your case is simply one of "he said, she said" then it will be much tougher for the prosecutor to prove.Consequences of These Charges
Yes, domestic violence and assault in Michigan does carry tough penalties including the possibility of jail time. However, there are other ways a domestic violence charge can cause problems, even if they do not lead to criminal charges. For example, a “victim” can use domestic violence allegations to obtain a restraining order that can cause you to lose your Second Amendment gun rights. Or sometimes a spouse will try to use such allegations as leverage in a divorce case or as a basis to have the other spouse ejected from the family home.Consult with a Violence Lawyer Today
The Michigan domestic violence lawyers at the Barone Defense are available to answer your questions. They understand how difficult domestic relationships can sometimes be and that no relationship is perfect. As human beings we all make mistakes, especially when emotions are running high. They also know how to defend domestic violence cases, uphold your rights, and help you present the strongest possible case in court. Contact us today for your free, no obligation case review.