Domestic Violence

Respected Michigan Criminal Defense Attorneys Defending the Rights of Clients Charged with Family Violence Offenses in Traverse City and Grand Rapids

In Michigan, domestic violence is charged under a domestic assault law when the victim has a particular relationship with the defendant. Domestic violence convictions not only carry the possibility of imprisonment and fines, like other crimes, but also may have a significant impact on family law matters, such as alimony and child custody.

At the Neumann Law Group, our Traverse City criminal defense attorneys understand the long-term consequences of a domestic violence conviction and are prepared to do whatever it takes to defend you. We’ve handled countless DV cases and know what it takes to reach the best possible result in even the toughest cases.

Fighting Domestic Violence Charges

Domestic assault under MCL § 750.81 is a crime prosecutors bring when someone is accused of assaulting someone with whom they are currently in a relationship or was previously in a relationship, such as:

• A current or former spouse,
• someone with whom you have been in a dating relationship,
• someone with whom you share a child, or
• someone with whom you live.

In this context, “assault” means that you attempted to cause a physical injury to someone, such as by trying to hit them, and you appeared to have the ability to carry out your threat, causing the victim to fear impending violence. Battery, on the other hand, refers to the intentional use of violence or force against someone.

In Michigan, the police may arrest you without a warrant under certain circumstances when domestic violence is alleged. The officer must have reasonable cause to believe that you committed or are committing a domestic assault.

Punishments for Domestic Violence in Michigan

In most cases, a first domestic assault or domestic assault and battery offense may be punished by up to 93 days in jail and a $500 fine. However, the penalties are harsher for subsequent convictions.

For example, if you have two or more prior domestic violence charges, a third or subsequent conviction may result in two years in prison, a $2,500 fine, or both. If domestic violence results in serious or aggravated injuries, but no weapon was involved, you may face up to one year in jail and a $1,000 fine for a first-time offense.

Penalties for felony domestic violence charges, which arise when a weapon was used, or serious injury was inflicted, are much more severe.

Personal Protection Orders and DV Cases

Sometimes, a person making an accusation of domestic violence petitions for a personal protection order. If you violate this order and are arrested, you might face criminal contempt charges, which entail more jail time.

The Importance of an Experienced Traverse City Domestic Violence Lawyer

You should retain a criminal defense attorney to defend you against domestic violence charges, even if it is the first time that you have faced criminal charges and even if the charges are not felony charges. A first-offense misdemeanor may not seem to carry heavy penalties, but in addition to possible prison time and greater penalties for later offenses, a domestic violence conviction may affect determinations in family law matters. Moreover, on a first offense, you are eligible for a deferral under MCL 769.4a. This allows the court to defer further proceedings and put you on probation without adjudicating you guilty.

Contact a Domestic Violence Lawyer in Grand Rapids or Traverse City

Regardless of the truth behind them, families may be torn apart by domestic violence allegations. If you have been arrested and charged with a domestic violence offense, you should speak to a Traverse City domestic violence attorney as soon as possible. At the Neumann Law Group, our experienced trial attorneys are knowledgeable in both criminal and family law and can explain the potential consequences of a conviction for a family law proceeding. We represent defendants in Ann Arbor, Grand Rapids, Flint, Lansing, Kalamazoo, Detroit, Wyoming, Saginaw, Muskegon, Midland, Holland, Warren, and Petoskey, as well as in the Upper Peninsula. Contact us at 800-525-NEUMANN to schedule a free consultation today. You can also connect with us through our secure online contact form.