Our lawyers know that an accusation is a serious matter
Domestic violence accusations can destroy families, relationships, careers and lives. They usually stem from different types of relationships, all of them close bonds. Being accused of domestic violence can successfully shatter those, and paint you as a villain in every aspect of your life.
Domestic violence cases are unique in the way they operate. For example, prosecutors can use comments made by an alleged victim to the police instead of the ones made at trial. Instances that were never reported to the authorities could suddenly become evidence at trial.
Being accused of domestic violence in Michigan can have a severe impact on your life. Your overall reputation can be compromised, affecting both your personal and work relationships. That’s why you need an experienced and dedicated lawyer from our firm, The Oliver Law Group, to represent and defend you against these charges.
What constitutes domestic violence?
In order for an assault to be classified as domestic violence, there must be a preexisting relationship between the involved parties. Such relationships may take the form of:
- A spouse, present or former
- A partner in an established dating relationship
- A member of the same household
- A person with whom the accused has a child
In Michigan’s penal code, domestic violence and assault is characterized by an act of physical, emotional or mental violence. It also means that these actions are putting someone in one of these relationships at risk or in harm’s way. These acts can often be unintentional or misinterpreted, leading to an accusation by an alleged victim.
It is important to know how Michigan defines a “dating relationship.” The penal code states that it means “frequent, intimate associations primarily characterized by the expectation of affectional involvement” and excludes casual affairs or a business/social relationship. This information can be vital in your case, as someone can try to claim that a casual relationship was something more in order to fit state definitions and requirements for domestic violence. Acts that may constitute domestic violence can include:
- Placing a family or household member in fear of physical or mental harm
- Causing or attempting to cause physical harm to said family or household member
- Engaging in behavior that may make the family or household member feel terrorized or fearful for their safety
If you’ve been accused, you need an aggressive attorney who tirelessly works towards ensuring that you have someone on your side who knows the type of reputation you need, and is ready to deliver it at any cost.
What is aggravated domestic assault?
The Michigan penal code states that aggravated domestic assault charges can be claimed when an alleged victim receives injuries that require medical treatment, especially if the treatment is ongoing. A jail sentence is usually associated with a charge of aggravated domestic assault, along with fines.
- For a misdemeanor (first offense) conviction: Up to 1 year in jail and/or $1,000 in fines.
- For a felony conviction: Up to 2 years of jail time and/or $2,500 in fines.
Medical treatment is often needed for head injuries, broken bones, fractures and many other commonplace injuries that can happen as a result of falls among other ordinary instances. An injury could have been sustained earlier in the day or week, and only be shown at its most aggressive stage during the time of accusation. It is very easy to mistake these injuries for ones caused by domestic assault.
What happens if my case goes to trial?
In the time that your trial is pending, a “no contact provision” may be ordered. It requires you to stay away from the accused and not contact them or have interactions with them in any capacity. It may also be used to tell you areas that are off limits to you, or how far you must stay away from them. Don’t worry, we are on your side. Domestic violence is often falsely reported, and many people feel that their situation fits the criteria for a domestic violence charge when it in fact falls short. The laws regarding domestic violence in Michigan can be quite intricate, which is why you need a reputable and experienced attorney on your side to provide you with the representation you need for the rights you have and deserve.
Contact us today for a free case evaluation, and learn more about what we can do for you.