Domestic Violence Lawyers Detroit
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Why Domestic Violence Charges in Detroit Are So Serious
Domestic violence allegations in Detroit are pursued aggressively and carry consequences that can impact every part of your life. Law enforcement agencies, including the Detroit Police Department and the Wayne County Sheriff’s Office, are trained to make arrests when called to a domestic dispute, often based on limited initial evidence.
This aggressive approach is magnified within the Wayne County Prosecutor’s Office, which has a dedicated domestic violence unit and often enforces a “no-drop” policy, meaning they may proceed with the case even if the accuser wishes to withdraw the complaint. Furthermore, judges in Detroit’s 36th District Court and felony cases at the Frank Murphy Hall of Justice frequently impose stringent bond conditions as a precaution.
Even a first-time accusation can lead to immediate arrest, a No-Contact Order that bars you from your own home and from communicating with your loved ones, and other restrictive conditions like a GPS tether or mandatory alcohol testing—all before your case is ever proven. These unique dynamics make experienced legal representation in Detroit not just an advantage, but a necessity. A conviction can result in jail time, the loss of fundamental civil liberties, and permanent damage to your reputation and career.
Mamat Law’s Commitment to Defending the Accused in Detroit
Mamat Law provides a robust, strategic defense for individuals accused of domestic violence in Detroit. We understand the immense pressure you are under and handle every case with the urgency and discretion it deserves. Our firm leverages deep-rooted knowledge of the Detroit criminal justice system—including the specific procedures, prosecutors, and judicial philosophies prevalent in the 36th District Court and the Wayne County Circuit Court—to build a defense tailored to your unique circumstances.
We are committed to protecting your rights at every stage, from the initial investigation and arraignment to trial. Our goal is to mitigate the impact of the allegations and fight for the best possible outcome, whether that is a dismissal, an acquittal at trial, or a favorable negotiation.
Understanding Domestic Violence Under Michigan Law (MCL 750.81)
In Michigan, the crime commonly known as “domestic violence” is legally defined as a domestic assault. This refers to an assault or an assault and battery that occurs within a specific domestic or family relationship. Under Michigan Penal Code 750.81, this special relationship includes:
- Spouses or former spouses
- Individuals in or formerly in a dating relationship
- Individuals who have a child in common
- Residents or former residents of the same household
The key distinction is the relationship. The law treats these offenses with greater severity than a standard assault due to the presumed breach of trust between family members or intimate partners.
Common Domestic Violence Charges and Penalties in Michigan
- Domestic Assault (MCL 750.81(2)): The most common charge. It is an assault or assault and battery against a person with whom you have a domestic relationship.
- First Offense: A misdemeanor punishable by up to 93 days in jail and a $500 fine.
- Second Offense: A misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
- Third or Subsequent Offense: A felony punishable by up to 5 years in prison and a $5,000 fine.
- Aggravated Domestic Assault (MCL 750.81a): This is charged when a domestic assault inflicts a serious or aggravated injury (e.g., requiring immediate medical attention, causing disfigurement, or impairing a body part).
- First Offense: A misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
- Second or Subsequent Offense: A felony punishable by up to 5 years in prison and a $5,000 fine.
- Assault with a Dangerous Weapon (Felonious Assault – MCL 750.82): If a weapon is used during the assault, it can be charged as a felony, even if no serious injury occurs. The penalty is up to 4 years in prison.
- Stalking and Aggravated Stalking (MCL 750.411h & i): Involves a pattern of harassment and repeated, unwanted contact that causes the victim to feel terrorized or threatened. Aggravated stalking (e.g., stalking in violation of a court order) is a felony with a penalty of up to 5 years in prison.
- Personal Protection Order (PPO) Violations: Violating a PPO is a separate crime. The first violation is a misdemeanor punishable by up to 93 days in jail and a $500 fine.
Personal Protection Orders (PPOs) in Wayne County
A PPO is a civil order issued by the Family Division of the Wayne County Circuit Court to prevent contact, harassment, or violence. PPOs are often sought alongside criminal charges and can have immediate, serious consequences.
- Ex Parte PPOs: Issued by a judge based solely on the petitioner’s written statement, without the accused person being present. They are effective immediately upon being served.
- Final PPOs: An ex parte PPO becomes final if the accused person doesn’t challenge it. If challenged, a hearing is set where both sides can present evidence before a judge decides whether to terminate the PPO or keep it in effect for a year or longer.
Violating a PPO—even with contact initiated by the petitioner—can lead to immediate arrest and a criminal charge. Crucially, even if you are not charged with a crime, the existence of a PPO will appear on law enforcement background checks and will result in the immediate loss of your right to possess or purchase a firearm under federal law. Mamat Law can help you challenge an unjust PPO by filing a motion to terminate it and representing you at the court hearing.
The Lifelong Consequences of a Domestic Violence Conviction
A conviction goes far beyond the courtroom sentence. The collateral consequences can last a lifetime:
- A Permanent Criminal Record: Affects opportunities for employment, housing, and professional licensing.
- Loss of Firearm Rights: A conviction for a Michigan misdemeanor crime of domestic violence results in a lifetime federal ban on possessing firearms under the Lautenberg Amendment.
- Child Custody Ramifications: A conviction creates a “rebuttable presumption” in family court that it is not in the best interest of your child for you to have custody.
- Immigration Consequences: For non-citizens, a domestic violence conviction is often considered a “Crime of Moral Turpitude” (CIMT) or an “aggravated felony,” which can lead to deportation, denial of naturalization, or refusal of re-entry.
Damage to Your Reputation: The stigma of a domestic violence conviction can permanently harm personal and professional relationships.
Mamat Law’s Defense Strategies in Detroit Domestic Violence Cases
An accusation is not a conviction. Our firm meticulously investigates every case to build the strongest possible defense. Common strategies include:
- Thorough Factual Investigation: We obtain and scrutinize all evidence, including police reports, Body-Worn Camera (BWC) footage, 911 calls, medical records, and digital communications to expose inconsistencies or false allegations.
- Asserting Self-Defense: We present evidence that you acted justifiably to protect yourself, your children, or others from harm.
- Challenging the “Domestic Relationship”: In some cases, the relationship between the parties may not legally qualify under the statute, which can be grounds for dismissal or reduction of the charge.
- Negotiating for Dismissal via MCL 769.4a (The “DV Deferral”): For first-time offenders, Michigan law allows for a special deferral program. Under MCL 769.4a, a defendant can plead guilty, but the case is put on hold while they complete a probationary term. Upon successful completion, the public record of the charge is dismissed, preventing a permanent conviction. Securing this outcome is often a primary goal.
Why Choose Mamat Law for Domestic Violence Defense in Detroit
When your future is on the line, you need a law firm that knows the terrain. Residents of Detroit, Hamtramck, Highland Park, Grosse Pointe, and surrounding Wayne County communities trust Mamat Law because we provide:
- Proven Experience: Deep familiarity with the judges, prosecutors, and procedures in the 36th District Court and Frank Murphy Hall of Justice.
- Client-Centered Strategy: We listen to your story and develop a defense plan aligned with your goals.
- Aggressive Courtroom Advocacy: We are skilled trial lawyers who are not afraid to fight for your acquittal.
- Clear Communication: We keep you informed at every step, ensuring you understand your options and the status of your case.
Request an Immediate, Confidential Consultation
If you or someone you love has been arrested or is being investigated for domestic violence in Detroit, do not wait. Immediate intervention is critical to protecting your rights and influencing the outcome of your case.
Contact Mamat Law today for a free, confidential consultation. Let our team begin building your defense and fighting for your future.