FAQs on Domestic Violence in Michigan: Understanding the Legal Landscape

Domestic violence is a critical issue that affects many individuals and families across Michigan. As a Michigan criminal defense attorney, I often encounter questions from clients, victims, and the general public about what constitutes domestic violence, the potential consequences for those accused, challenges faced by victims, and potential defenses. Here are some frequently asked questions about domestic violence in Michigan.

What Constitutes Domestic Violence in Michigan?

Domestic violence in Michigan is defined as an assault or assault and battery committed by an individual against a person with whom they have a domestic relationship. This includes spouses, former spouses, individuals in a dating relationship, individuals who have a child in common, and residents or former residents of the same household. The key element is the existence of a domestic relationship between the parties involved.

Domestic Violence can include actions such as hitting, stalking, locking out of home, denying help when injured, ill or pregnant, weapons involvement, not allowing you to leave by physical force, objects thrown at you, abandoned in a dangerous situation, sexual abuse such as forcing to have sex or watch sexual acts, emotional and psychological abuse, manipulation, stalking, blame for abuse, economic abuse, threats, threatening to kidnap or kidnapping children, threatening to harm you or the children, threatening to call CPS, or any form of coercive control. This list is not an all inclusive list but merely examples. The law provides specific provisions for what constitutes domestic violence, emphasizing the importance of the victim's perception of safety and fear.

Are Men Always the Perpetrators and Women Always the Victims?

No. Any gender may be involved in either role. Men can be victims and Women can commit domestic violence.

What Are the Penalties for Domestic Violence in Michigan?

The penalties for domestic violence in Michigan can vary significantly based on the severity of the offense.  The underlying charge is usually domestic assault and the penalties are:

• First Offense: A first-time domestic assault offender may face up to 93 days in jail, fines up to $500, and mandatory counseling.
• Second Offense: A second domestic assault charge carries up to one year in jail, fines up to $1,000, and additional mandatory counseling. This also may include a felony charge if there are aggravating factors.
• Third Offense: A third offense is considered a felony and can result in up to five years in prison, fines up to $5,000, and other severe consequences.
• Aggravated Domestic Assault: Involves serious injuries to the victim requiring immediate medical care.  Essentially this charge increases the level of punishment.  A first offense's penalty is similar to a second offense domestic assault and a second offense is similar to a third offense domestic assault.
• Felony charge: Domestic assault can be charged as a felony if a weapon is involved or strangulation/suffocation is involved.  Additionally, if the victim is denied access to a phone/communication, an additional felony can be charged.

What Are the Consequences of Domestic Violence Charges?

The consequences of a domestic violence charge can extend well beyond criminal penalties. See my blog on Consequences of a Criminal Conviction. They may include:

• Criminal Record: A conviction can lead to a permanent criminal record, impacting employment prospects and housing options.
• Custody Issues: Domestic violence charges can significantly affect custody decisions in divorce or separation proceedings.
• Restraining Orders: Victims may seek personal protection orders, which can restrict the accused's movements and interactions, further complicating personal and professional circumstances.
• Firearm Restrictions: A domestic violence conviction can result in the loss of the right to possess firearms. Under federal law you lose your firearms rights.
• Immigration Consequences:  A domestic violence conviction can have serious consequences if you are not a U.S. citizen, even if you are a legal immigrant.
• Child Neglect and Abuse cases:  If children are involved or witness the violence, Child Neglect and Abuse cases can be initiated by Child Protective Services in addition to any criminal charges.  Abuse in the household can lead to generations of abuse and victims.
• Other: There can be other consequences such as mandatory participation in counseling or anger management programs, loss of job, loss of housing, social stigma, inability to contact family members, or loss of security clearances.

What Issues Do Victims Face in Domestic Violence Cases?

Victims of domestic violence often face numerous challenges, including:

• Fear of Retaliation: Many victims fear escalating violence or retaliation if they report the abuse.
• Emotional and Psychological Trauma: Victims may struggle with anxiety, depression, and PTSD due to their experiences, complicating their ability to seek help.
• Financial Dependence: Economic barriers can prevent victims from leaving abusive situations, especially if they rely on their abuser for financial support.
• Social Stigma: Victims may feel shame or stigma about their situation, which can hinder them from reaching out for the necessary support.

What Are Some Common Misconceptions About Domestic Violence?

Several misconceptions exist regarding domestic violence, including:

• It Only Involves Physical Abuse: Many people associate domestic violence solely with physical acts. However, emotional and psychological abuse is just as serious and damaging.  Financial abuse can also be serious, as can sexual abuse and control.
• Victims Can Simply Leave: While leaving an abusive relationship is often the best option, it can be incredibly complicated and dangerous for victims to do so safely.
• Domestic Violence Only Happens in Certain Demographics: Domestic violence can affect individuals of all ages, races, economic statuses, and backgrounds.

What if the Victim does not want to press charges?

In Michigan, the police have the discretion to file charges, and the prosecutor has the discretion to prosecute the charges.  There is no right for the public to "press charges".  "The People of the State of Michigan" press charges. Often in domestic violence situations, the victim does not want charges, but the police and prosecutor demand charges.  If the police are called by anyone, including the alleged perpetrator, often charges are filed, even if the victim does not want to do so.  This can be for numerous reasons, but it is often done to defuse the situation and to prevent further violence.  This is why the prosecutor often asks for, and the judge usually grants, a No-Contact order as part of the bond conditions and the No-Contact is in place until the case is resolved.  Then the No-Contact may even continue as a probation condition.

How Can Individuals Get Help?

If you or someone you know is a victim of domestic violence, it is crucial to seek help from local resources. Organizations like domestic violence shelters, hotlines, and legal assistance services can provide essential support. Michigan Coalition Against Domestic and Sexual Violence website can assist in locating local resources. You can also call the National Domestic Violence Hotline at 1-800-799-SAFE (7233).

Education is important, and local resources can assist.  There is no quick fix, and inaction may be the best safety action at the time.  The victim needs someone to believe and listen to her/him.  Avoid blaming the victim- it is not her/his fault. Take the victim's fears seriously.  Additionally, contacting a criminal defense attorney for legal guidance can help those accused navigate their cases and understand their rights.

What are Potential Defenses Against Domestic Violence Charges?

There are several potential defenses that may be available to individuals charged with domestic violence in Michigan. These can include:

• Self-Defense: Arguing that the defendant acted in self-defense or in the defense of others.
• False Allegations: Demonstrating that the allegations are false or exaggerated, often due to ulterior motives.
• Lack of Intent: Showing that the defendant did not intend to cause harm or that the incident was accidental.

Each case is unique and the availability of defenses will depend on the specific circumstances surrounding the incident.

Additionally, Michigan has a first-time domestic violence program.  This is a special program to which the offender can plead with the consent of the prosecutor.  A special probation program is entered that involves counselling for assault and violence (and possibly for drugs and alcohol if they were involved in the assault situation).  If the offender successfully completes the probation, the charge is dismissed and you will not be considered as guilty of the charge. If you commit another assaultive crime while on probation, the judge would then adjudicate you as guilty. This program is only available for the first time domestic assault violator.

What is the Impact of a Domestic Violence Conviction on a Person’s Life?

A domestic violence conviction can have a profound impact on various aspects of a person's life. Beyond the immediate legal penalties, a conviction can affect employment opportunities, as many employers conduct background checks and may be hesitant to hire individuals with a criminal record. It can also impact personal relationships and lead to social isolation.

Furthermore, a conviction can have long-term implications for child custody and visitation rights, as courts may view a history of domestic violence as a factor determining the best interests of the child.

Conclusion

Domestic violence is a pervasive issue in Michigan that warrants understanding and awareness. As a criminal defense attorney, it is crucial to provide accurate information regarding the laws, consequences, and resources available to both victims and those accused. Promoting education about domestic violence can ultimately foster a safer environment for individuals and families in our communities. If you or a loved one is dealing with a domestic violence charge, it is essential to seek legal counsel to navigate the complexities of the legal system and to explore all available defenses. As a Michigan criminal defense attorney, I am committed to providing informed and compassionate representation to those in need.

If you have more specific questions or need legal advice, feel free to reach out to a qualified attorney who can assist you further. You can contact Robert Peterson, Attorney at Law, P.C. for more information.