Defenses to Charges of Domestic Violence in Michigan
December 27th, 2021
Domestic violence charges are a serious criminal matter. And if you have been charged with domestic violence, there is a good chance that you are facing other criminal charges, as well. In addition, allegations of domestic violence are often accompanied by temporary restraining orders that can become permanent if you are convicted. Finally, domestic violence allegations can have a significant impact on your family and can be sensitive for everyone involved. If you are facing charges of domestic violence, you must be prepared to defend yourself. But defenses to domestic violence charges can be complex and emotionally draining, and your freedom could be on the line. That’s why it is critical that you work with an experienced criminal defense attorney.
At Elmen Legal, I have extensive experience defending people who have been accused of domestic violence and other crimes in Michigan. Not only will I work hard only to defend you against the criminal charges, but I will also do my best to take care of and support you as a person.
How Does Michigan Define Domestic Violence?
In Michigan, domestic violence includes any crime that is committed against a spouse, former spouse, someone you are currently dating, someone with whom you have a child or someone with whom you reside or have resided.
The most common instances of domestic violence involve allegations of assault or battery against a domestic partner.
To make a case of assault and battery the prosecutor must prove, beyond a reasonable doubt, that you caused or attempted to cause physical injury to another person, or that you threatened someone and had the apparent ability to carry out the acts you threatened to commit.
Allegations of domestic violence can also come about if you are accused of other criminal activity committed against a domestic partner, such as:
- Attempted murder
- Criminal restraint
- False imprisonment
- Criminal sexual conduct
When defending yourself against allegations of domestic violence, you are defending against both the domestic violence charge and the underlying criminal offense. In cases of domestic violence, the victim happens to be someone with whom you have a domestic relationship.
Defenses to Domestic Violence Charges
A common strategy to defend against allegations of domestic violence is to claim self-defense. If you have been threatened with physical force, you have the right to defend yourself. When claiming self-defense, your attorney will argue that the incident of alleged domestic violence was simply a response to your partner’s violent actions.
You can also challenge whether the alleged victim falls under the definition of a domestic partner. While challenging the status of the victim is unlikely to result in the charges being completely dismissed, you may be able to avoid the enhanced penalties that come with domestic violence charges.
Unfortunately, many allegations of domestic violence are made by a domestic partner in an attempt to gain leverage in a divorce, a child custody matter, or some other domestic dispute. These cases often become a “he-said-she-said” situation in which your credibility and the consistency of your defense will be key.
Regardless of the specifics, allegations of domestic violence are serious and aggressive legal response is warranted.
Elmen Legal: A Holistic Approach to Criminal Defense
At Elmen Legal, I understand that allegations of domestic violence are troubling. You may feel betrayed, falsely accused, frustrated, and scared.
When you work with Elmen Legal, I will shoulder some of your emotional burdens while preparing a thorough and aggressive legal defense.
I know that in cases of domestic violence, the consequences are high. In addition to criminal penalties like fines and jail time, allegations of domestic violence can have a significant impact on your family’s life.
That’s why I work hard to understand your personal situation, from both a legal perspective as well as a personal one. I will make sure that you stay part of the process and will keep you informed of the status of your case. I will also advise you on the potential consequences of your decisions and how they will impact you and your family. This includes the legal ramifications, such as whether you will be facing fines and jail time, as well as the emotional impacts and how a conviction could impact your time with your family.
If you are facing allegations of domestic violence, Elmen Legal can help. I proudly represent people in Ann Arbor, Saline, Pittsfield Township, Chelsea, or Ypsilanti, in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.
Categories: Domestic Violence