Domestic Violence Lawyers

Tough representation for defendants charged with domestic violence in Michigan

There are generally two concerns when a defendant is charged with domestic violence in Detroit. The first is that the defendant will be charged with a domestic violence crime such as assault or a sexual conduct crime. The second is that the accuser will seek a personal protective order (PPO) which may provide that the defendant leaves his/her and refrain from having any contact with the accuser and other members of his/her family.

At the Law Office of Seven A. Mamut, our Detroit domestic violence lawyers have the experience and resources to defend against any criminal charges and any requests for protective orders. We assert all the legal and factual defenses that apply. We also work with counselors and others to address any underlying marital or other domestic issues.

Domestic violence and assault charges

The Domestic Violence Prevention and Treatment Act and Board in 1978 helps to implement domestic violence policy in Michigan.

Generally, Michigan defines domestic violence as “an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:”

“Causing or attempting to cause physical or mental harm to a family or household member.
Placing a family or household member in fear of physical or mental harm.
Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”

A family or household member includes a spouse, a former spouse, someone with whom the defendant resides or has resided, a person with whom the defendant has a child in common, and someone the defendant has a “dating relationship” with.

Crimes of domestic violence generally include a crime that involves the above-referenced type of domestic involvement. Common crimes that may lead to domestic violence charges include:

Assault
Aggravated assault
Sexual conduct crimes
Battery
Kidnapping
False imprisonment
other serious crimes

Simple assault domestic violence charges, based on domestic violence, are specifically addressed in the state statute:

Except as provided in other parts of the statute, “an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”
“An individual who assaults or assaults and batters an individual who is pregnant and who knows the individual is pregnant is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.”

In addition to prison time, a judge could require that a defendant attend anger management counseling, perform community service, and comply with other conditions such as drug and alcohol testing.

Aggravated assault domestic violence charges can be filed when an assault involves domestic violence where the victim suffers serious or aggravated injuries. Defendants can be convicted of a misdemeanor or a felony depending on the victim’s prior criminal record and other conditions.

In domestic cases; the victim, the police, and the prosecutor all generally have discretion over whether criminal charges are filed. This discretion is not always utilized by the defendant. The police or prosecution may file charges even if the accuser does not – because many victims of domestic violence do not want to file charges.

Domestic violence and personal protection orders

In addition to filing criminal charges, a victim of domestic violence is likely to file the following types of requests for personal protective orders:

A request for a Restraining Order. This request seeks to temporarily require the defendant to move out of a home and avoid contact with the accuser until there can be a formal hearing.
A request for a permanent Restraining order. After a hearing, this order which also requires that a defendant vacate a home, avoid contact with the accuser, and other conditions – may become permanent – for an indefinite amount of time.

Personal Protective Orders can be sought based on a domestic relationship. They can also be filed in cases of stalking and cases of nondomestic sexual assault.

Defendants who are charged with domestic violence may also face civil lawsuits, requests for custody orders, and requests for child support.

What defenses do you assert if I’m charged with domestic violence in Detroit?

At the Law Office of Steven A. Mamut, we fight for defendants who are charged with domestic violence offenses. We may try to convince the prosecution that the case is not a criminal matter – that the better remedy is for the defendant to agree to anger management counseling, substance abuse counseling, or other types of counseling.

We do have the experience and tact to question/cross-examine accusers who are involved in the full range of domestic violence relationships. We also assert all other legal and factual defenses that apply to your charges.

Do you have a domestic violence lawyer near me?

Our office is located at 2111 Woodward Ave, Detroit, MI 48201. We also represent clients in Macomb, Oakland, Kent, and Genesee Counties.

Speak with an experienced Detroit Assault and battery lawyer today.

At the Law Office of Steven A. Mamat, we understand the unique challenges involved in domestic violence cases. We’ll work aggressively to preserve your freedom and your reputation. Call us today or use our contact form to schedule a consultation.