Domestic Violence Lawyers Wayne County
Aggressive, Compassionate Defense for Wayne County Domestic Violence Cases.
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Facing Domestic Violence Charges in Wayne County
Domestic violence charges in Wayne County are pursued with extreme seriousness by law enforcement and prosecutors. The Wayne County Prosecutor’s Office has a highly specialized unit dedicated to domestic violence, and its attorneys are trained to secure convictions. Similarly, police departments in Detroit, Livonia, Dearborn, Taylor, and across the county are trained to make immediate arrests, often based on little more than an accusation.
It is critical to understand that once police are called, the decision to press charges is out of the alleged victim’s hands. Wayne County prosecutors enforce a “no-drop” policy, meaning they will often proceed with a case even if the accuser recants or wishes to withdraw the complaint.
Being charged with domestic violence is not just about potential jail time. A conviction can result in a permanent criminal record, loss of firearm rights, restrictions on your parental rights, and serious damage to your employment prospects. Even before a conviction, you will likely be subject to a No-Contact Order as a condition of your bond and may also face a civil Personal Protection Order (PPO), which can force you out of your home and control who you can contact.
If you are searching for a trusted domestic violence lawyer in Wayne County, Mamat Law provides the aggressive, knowledgeable defense you need to navigate this complex system.
Personalized, Strategic Defense at Mamat Law
At Mamat Law, we approach the defense of those accused of domestic violence in Wayne County with both tenacity and care. We recognize that every case is unique, built on complex relationships and high-stakes outcomes. Our firm provides personalized strategies tailored to the specific facts, your history, and your goals.
Attorney Sammy Mamat and his legal team have deep experience in the local court system. We know the courts, the judges, and the prosecutors who handle these cases, from the 3rd Circuit Court in Detroit (for felonies) to the various district courts that handle misdemeanors, such as the 36th District Court (Detroit), 19th District Court (Dearborn), 16th District Court (Livonia), and 24th District Court (Allen Park/Melvindale). This local insight allows us to build targeted defenses, anticipate prosecutorial tactics, and work relentlessly toward the best possible resolution.
Understanding Domestic Violence Under Michigan Law
In Michigan, “domestic violence” is not a standalone crime. Instead, it is an enhancement applied to assaultive crimes based on the relationship between the accused and the alleged victim. Under Michigan Compiled Laws (MCL) §750.81, a domestic relationship is defined as involving:
- A spouse or former spouse
- An individual with whom you have a child in common
- An individual you are dating or previously dated
- A resident or former resident of the same household
It is crucial to note that Michigan law distinguishes between an assault (an act that causes a reasonable fear of immediate battery) and a battery (an actual unwanted, forceful, or offensive touching). A physical injury is not required for a domestic assault charge. Threats, intimidation, or a push that doesn’t cause injury can be sufficient for prosecution.
Common Domestic Violence Charges in Michigan
Domestic violence charges in Michigan escalate quickly based on prior convictions. A prior DV conviction from any state can be used to enhance the penalties for a new charge:
- Domestic Assault (First Offense) – MCL 750.81(2)
- Classification: 93-day Misdemeanor
- Penalties: Up to 93 days in jail, a $500 fine, plus significant court costs. Probation with mandatory counseling is common.
- Domestic Assault (Second Offense) – MCL 750.81(3)
- Classification: 1-year Misdemeanor
- Penalties: Up to 1 year in jail, a $1,000 fine, and mandatory probation with counseling.
- Domestic Assault (Third or Subsequent Offense) – MCL 750.81(4)
- Classification: Felony
- Penalties: Up to 5 years in prison, a $5,000 fine, and a lifetime ban on owning firearms.
- Aggravated Domestic Assault – MCL 750.81a
- Classification: A 1-year Misdemeanor (or a 5-year Felony for second+ offenses) when an assault, without a weapon, results in a serious or aggravated injury (e.g., one requiring immediate medical attention).
- Assault with a Dangerous Weapon (Felonious Assault) – MCL 750.82
- Classification: 4-year Felony
- Penalties: Up to 4 years in prison. Applies when any object is used as a weapon, even if it is not a traditional weapon.
Personal Protection Orders (PPOs) vs. Criminal No-Contact Orders
In domestic violence situations, two types of restraining orders often cause confusion. It’s vital to understand the difference:
- Criminal No-Contact Order: This is automatically issued by the judge at your arraignment as a condition of your bond. It is part of the criminal case and prohibits you from contacting the alleged victim in any way. Violating it leads to bond revocation, new criminal charges, and almost certain jail time.
- Personal Protection Order (PPO): This is a separate **civil court order** requested by the alleged victim (the “petitioner”). A judge can issue an *ex parte* PPO immediately, without you present, if the petitioner shows reasonable cause. You then have 14 days to request a hearing to terminate it.
A PPO can force you out of your home, prohibit you from entering certain places, prevent you from contacting the petitioner, and impact custody and parenting time. Violating a PPO is a separate crime. Mamat Law has extensive experience contesting baseless PPOs in Wayne County courtrooms by challenging false allegations and proving you are not a threat.
The Devastating Long-Term Consequences of a DV Conviction
The consequences of a domestic violence case extend far beyond the courtroom:
- Permanent Criminal Record: A conviction is public and can appear on background checks for life, jeopardizing job opportunities.
- Loss of Firearm Rights: Under the federal Lautenberg Amendment, anyone convicted of a misdemeanor crime of domestic violence is banned for life from owning or possessing firearms. This also results in the revocation of a Michigan CPL.
- Child Custody and Parenting Time: A DV conviction can be used by a family court judge to limit or deny custody or parenting time.
- Immigration Consequences: For non-U.S. citizens, a DV conviction can lead to deportation, denial of naturalization, or refusal of visa applications.
- Loss of Professional Licenses: Many licensing boards (for doctors, nurses, lawyers, tradesmen) can suspend or revoke a professional license following a DV conviction.
Damage to Reputation: The mere accusation can strain relationships with family, friends, and colleagues.
Our Proven Defense Strategies for Wayne County Domestic Violence Charges
Mamat Law builds every defense on a foundation of meticulous investigation. We scrutinize police reports, body cam footage, witness statements, medical records, and digital evidence for inconsistencies and weaknesses in the prosecution’s case. Our tailored strategies include:
- Arguing Self-Defense or Defense of Others: Proving you acted reasonably to protect yourself or a loved one from harm.
- Challenging False Allegations: Uncovering motives for fabrication, especially in cases intertwined with divorce or child custody disputes.
- Contesting the Accuser’s Credibility: Using inconsistencies in their story or past behavior to undermine their testimony.
- Filing Motions to Suppress Evidence: Working to exclude evidence that was obtained in violation of your constitutional rights.
- Negotiating for Dismissal or Reduced Charges: We strategically negotiate with prosecutors to have charges dismissed or reduced to non-domestic offenses to protect firearm rights and your record.
Utilizing Deferral Programs: For eligible first-time offenders, we aggressively pursue deferrals like MCL 769.4a (the “spousal abuse act”). Under this statute, after a probationary period, the public record of the case is sealed, and no conviction enters, effectively earning a dismissal.
Why Choose Mamat Law for Domestic Violence Defense in Wayne County
Wayne County residents accused of domestic violence deserve a defense from a firm that knows the local landscape. Mamat Law offers:
- Decades of combined experience in Michigan criminal defense.
- Intimate, hands-on knowledge of the 3rd Circuit Court and the specific procedures of Wayne County’s many district courts.
- A reputation for strategic negotiations with the Wayne County Prosecutor’s Office and local city attorneys.
- Personalized, non-judgmental legal support from start to finish.
- Aggressive courtroom advocacy when a trial is necessary to protect your freedom and future.
If you are searching for a domestic violence attorney in Wayne County, Mamat Law delivers results-driven defense with the compassion and urgency your case demands.
Request a Free, Confidential Consultation Today
Do not wait to build your defense. The steps you take immediately after an accusation can define the outcome of your case. Whether you’re in Detroit, Dearborn, Westland, or any community in Wayne County, Mamat Law is ready to protect your rights.
Contact Mamat Law today to schedule a free, confidential consultation. Get clear answers, understand your options, and secure the powerful defense you need.