Domestic violence charges threaten to tear families apart. A person charged with a crime not only will have possible criminal charges to worry about, but family and custody issues as well. Likely, a no contact order will be granted to the victim in these matters and the person charged with the crime will be removed from their home. Once charged with a domestic violence, it is imperative to contact and hire an attorney IMMEDIATELY. Having an attorney represent you from the very beginning is advantageous due to all the collateral issues with a domestic violence charge.
Simple assault and/or battery of another human being is a crime. However, in Michigan, when a person assaults and/or batters a family member, spouse, or household member, then the person can be charged with the specific crime of domestic violence under The Michigan Penal Code Section 750.81. Courts use M.C.L.A. 400.1501 to determine whether the requisite relationship between the offender and the victim exists to prosecute Domestic Violence. If so, there are varying degrees of Domestic Violence offenses depending on prior domestic violence convictions.
Aggravated Domestic Violence
In addition to simple domestic violence, one may also be subject to the prosecution of Aggravated Domestic Violence in Michigan. Aggravated Domestic Violence is distinguishable from other Assaults because it causes a “serious or aggravated injury”.
Facing a domestic violence charge can be very difficult and contentious. Often there are conflicting facts put forth by both parties and many times domestic violence cases involve only circumstantial evidence. A good lawyer is necessary to properly frame your side of the story and to protect you from being demonized by opposing counsel.
If you or someone you know is dealing with a domestic violence offense, it is imperative you seek legal representation from a lawyer familiar with this area of the law. Finding a resolution that can keep someone’s criminal record clean and keep you out of jail may be available.