Domestic Violence Defense Lawyer - What Can I Do if I was Accused of Domestic Violence?

When the worst struggle is a silent one. Concept of What Can I Do if I was Accused of Domestic Violence? - Domestic Violence Defense Lawyer

Under Michigan law, domestic violence is an assault or an assault and battery against someone with whom you have or had a domestic relationship. This includes a spouse, former spouse, someone you are dating or used to date, a person with whom you share a child, or a resident or former resident of your household. Police are required to investigate reports of domestic violence. If they find probable cause to believe you committed a crime, they will place you under arrest, and the case will be sent to the prosecutor, who will decide whether or not to pursue criminal charges. Domestic violence charges are complicated not just because of the potentially severe penalties involved, but also because of the impact a domestic violence charge can have on your family. Allegations of domestic violence can also trigger restraining orders that can become permanent if you are convicted. If you are facing domestic violence charges, you need to defend yourself. But Michigan domestic violence law can be complicated, and you need experienced domestic violence defense lawyer Robert Elmen on your side.

Why You Need an Aggressive Domestic Violence Defense Attorney

Sometimes, domestic violence charges are the result of a misunderstanding that got out of hand, like if your neighbors overheard an argument and called the cops. Other times, allegations of domestic violence result from something more serious. And unfortunately, people sometimes use domestic violence allegations to try to gain leverage in a child custody case.

Even if you think the charges have no merit, you must take charges of domestic violence seriously. And unfortunately, even if your partner tells the police or the prosecutor that they do not wish to press charges, the prosecutor is unlikely to drop the case.

What to Do After a Domestic Violence Charge

Allegations of domestic violence have the potential to rip your family apart, and a conviction can carry severe, lifelong consequences. Fortunately, domestic violence charges are often difficult to prove.

Here are some tips to protect yourself and your rights if you are accused of domestic violence.

Comply with Restraining Orders

When domestic violence charges are pending, you should keep clear of your accuser. This can be particularly difficult if you share a home with them. But staying away reduces the chance of additional allegations, and if there is a protective order in place, you might be required to move out.

Know Your Rights

Domestic violence is a crime, which means you face severe criminal penalties. But it also means you have certain rights and protection under the law. Among these are the right to remain silent and the right to speak to an attorney.

If police are called to a domestic dispute, you do not need to speak to them. Avoid talking to the police about the facts or circumstances of the case. Instead, politely explain that you are asserting your Fifth Amendment right to remain silent and ask to speak to a criminal defense attorney.

An attorney will protect your rights after arrest and during police questioning and represent you during any investigation, at court hearings, and throughout your case.

Address Underlying Issues

Some allegations of domestic violence result from underlying issues you may be facing. If there are issues of substance abuse, anger management, or something else, try to address the problem by seeking appropriate treatment.

Only Discuss Your Case with Your Attorney

Even though you will be tempted to proclaim your innocence or explain to your neighbors what happened, it is best not to discuss the charges or the underlying incident with anyone other than your attorney. Conversations with your lawyer are legally privileged, which means no one, not even the judge, can ask what you discussed. In addition, if you discuss your case with people who are not your lawyer, they might be called to testify as witnesses in your case.

When you do discuss your domestic violence charges with your attorney, be sure to tell him everything, even if you think you are guilty. It is far better for your attorney to know as much about your case as possible so he can prepare an effective legal defense rather than be blindsided at trial by unanticipated evidence. Call (734) 707-8915 to discuss your situation with Michigan criminal defense attorney Robert Elmen.

Contact Elmen Legal for Aggressive Defense Against Domestic Violence Charges

If you have been charged with domestic violence in Michigan, Elmen Legal can help. Domestic violence defense lawyer and criminal defense attorney Robert Elmen will learn about your situation and the events that led to domestic violence charges. He will keep you informed of the status of your case, and advise you of the potential consequences of your decisions and how they might affect you and your family in the future. And he will mount an aggressive legal defense to seek a reduction in the charges or outright dismissal of the case.

Elmen Legal proudly represents people in Ann Arbor, Saline, Pittsfield Township, Chelsea, or Ypsilanti, in Washtenaw, Wayne, Monroe, Lenawee, Hillsdale, Jackson, Ingham, Livingston, and Oakland Counties.

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What is Domestic Violence in Michigan?

What You Should Know About Personal Protection Orders in Michigan

Categories: Domestic Violence