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Domestic Violence FAQs
Who Is Involved in a Domestic Violence Dispute?
Usually a domestic violence case is between two parties in a domestic setting. Some examples of this are:
– Two siblings
– A parent and a child
– A husband and a wife
– An ex-husband and an ex-wife
– Two roommates
– Two individuals in a romantic relationship.
Is a Domestic Violence Charge a Felony or a Misdemeanor in Michigan?
In Michigan a domestic violence charge first and second offense is a misdemeanor. A domestic violence charge third offense is a felony. A misdemeanor charge will go on your record and can negatively affect your life. For example, a misdemeanor will show up on a background check for employment. It can also impact child custody decisions. A misdemeanor charge must also be reported to state licensing authorities like LARA. ArborYpsi Law has had many domestic violence charges dropped. Please look at our results page at arborypsilaw.com.
What Is Considered Domestic Violence in Michigan?
Domestic Violence is where a person committed either an assault or battery. These are defined as:
– Assault – Where the person threatened a battery with the immediate ability to do so, or made an attempted battery.
– Battery – A violent, offense, or forceful touching that must be intentional and without consent.
Does It Matter What Party Reported the Domestic Violence?
No, neither party has to report the incident to the police. A concerned neighbor or witness can be the one to call the authorities. Once the police are called, the police will investigate and write a report. It is possible that the alleged victim may not want to pursue charges. Even in this scenario, law enforcement can still proceed with the case. That’s why it is extremely important to call an experienced criminal defense attorney so that the domestic violence charges can be fought.
What Is the Penalty if Found Guilty of Assault and Battery First Offense in Michigan?
The penalty of assault and battery first offense in Michigan is up to 93 days in jail and a 500 dollar fine.
What Is the Penalty if Found Guilty of Second-Offense Domestic Violencein Michigan?
The penalty of second-offense domestic violence in Michigan is up to one year in jail and a $1,000 dollar fine.
What Is the Penalty if Found Guilty of Domestic Violence Third-Offense in Michigan?
The penalty of domestic-violence third-offense is a felony with up to five years in prison.
In a Domestic Violence Case Does Physical Evidence Need To Be Present?
No, physical evidence like bruises or scrapes do not need to be present for an individual to be charged with domestic violence. An individual may have reported to authorities that they were pushed or shoved. In this case, physical evidence may not be present, but authorities can still pursue the case. Fortunately, for the defendant, cases where a verbal statement is the primary source of evidence are much more difficult to prove.
Can the Victim Decide To Drop the Charges on a Domestic Violence Case in Michigan?
No, only the state prosecuting attorney can decide whether or not to drop domestic violence cases. There have been laws put into place to protect victims from being coerced into dropping domestic violence charges. An effective criminal defense attorney will poke holes in the prosecution’s case in an effort to get the case dismissed.
Will a Domestic Violence Charge Impact My Ability To Get Custody?
Yes, judges will look negatively at domestic violence charges and convictions when deciding custody of minors. Sam Bernstein of ArborYpsi Law has 15 years of experience fighting domestic violence charges in the Ann Arbor and Metro-Detroit Area. We have taken domestic violence cases to trial and beat the case. We are not afraid to challenge the prosecution and fight for you at jury trial.
What Are Some Defenses To Beat a Domestic Violence Charge?
All domestic violence cases are different and come with a different set of circumstances. Some defenses can include self-defense. Is there a history of violence between the two parties? Did the defendant act in a way to protect themselves? Is the accuser attempting to get the defendant in trouble? Were there witnesses? These are all circumstances and questions the defense can raise to the prosecution and jury in an attempt to get the case dismissed.
Will a Personal Protection Order (PPO) Be Filed if I’m Charged With Domestic Assault?
It is very common for a PPO to be filed against you if a domestic assault charge has been issued. A PPO is a civil order to have no contact with the alleged victim in the domestic violence case.
Can You Challenge a Personal Protection Order (PPO)?
Yes, you can challenge a PPO. We, at ArborYpsi Law, can file a motion to terminate the PPO. A mini-trial will take place to see if the PPO will be dropped.
What Is a No-Contact Order in a Domestic Violence Case?
A no-contact order is very common in domestic violence cases. It is put into place so that no contact is made with the alleged victim during the case and post-conviction. This is similar to a PPO.
