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Holland Domestic Violence Lawyer
Domestic violence is a criminal act of violence that occurs between two people that have a domestic relationship, which means they are married, they were formerly married, or they were never married but they have had a child together. In some instances, domestic violence can also occur in situations where non-married people live or formerly lived in the same household.
If you face charges of domestic violence, you could face serious penalties including jail time. Prosecutors take these matters seriously, and they will work tirelessly for a conviction. However, you can fight these charges with the help of a Holland domestic violence lawyer. A skilled defense attorney can analyze the facts and exploit any weaknesses in the prosecution’s case.Types of Offenses Charged as Domestic Violence
Usually when one is talking about domestic violence, one is talking about a domestic assault, but domestic violence can involve either an assault or a battery. An assault is when an unwanted touching or a fear of being hurt occurs. Battery is when a person is actually struck by another individual. Battery can include striking or hitting something connected to another person.What to Expect When Accused of Domestic Violence
The case will start out with an arraignment before a judge and will usually be followed by a series of pre-trials. After that, motions can be filed, a plea could be entered, and where cases cannot be fairly resolved any other way, a trial can begin. At each step in the process, a Holland domestic violence lawyer can stand by your side and offer sound legal advice. They can ensure the facts of your case are presented in the best possible light.Penalties for Domestic Violence
A first offense domestic violence conviction is a 93-day misdemeanor in Michigan. That means that if found guilty of domestic violence, a person can be sent to jail for up to 93 days. Depending on the nature of the offense, prior convictions, and other circumstances, there may be no jail time at all. A person also will want to speak with his or her knowledgeable domestic violence lawyer to learn what the likely sentence might be in the case and whether or not there might be a way to avoid a conviction altogether.
A second offense domestic violence is a misdemeanor punishable by imprisonment for not more than one year, a fine of not more than $1,000, or both. A person who is convicted of domestic violence who has two prior domestic violence convictions is guilty of a felony punishable by imprisonment for not more than five years, a fine of not more than $5,000, or both.How Domestic Violence Charges Affect Child Visitation
Being charged with domestic violence before, during or after a divorce can significantly complicate child custody and visitation. The exact effects will depend on what has happened up to the point that the domestic violence has occurred.
In any event, a person may end up back in front of the divorce judge, and that divorce judge may modify, change, or even revoke the existing custody or visitation. If a person is served with a complaint for domestic violence, it could have a serious and unfortunate impact on their ability to maintain a relationship with their children. This is another reason to immediately contact a lawyer for assistance.Benefits of a Holland Domestic Violence Attorney
An experienced domestic violence lawyer can evaluate the evidence and determine the strengths and weaknesses of the claims. Depending on the circumstances, they could potentially keep a person out of jail or keep them from having a criminal record altogether. Furthermore, they can help prevent unnecessary and unfair harassment by the police.
If you were accused of domestic violence, you could benefit from the services of a Holland domestic violence lawyer. Even if you no longer face criminal charges, an attorney can help address other related matters such as child custody and visitation or work together with the lawyer handling the divorce. Call today to schedule a case review.