Domestic Violence Lawyers St. Clair County
Fighting to protect your rights, freedom, and future in St. Clair County domestic violence cases.
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Domestic Violence Charges in St. Clair County Are Serious
If you’ve been accused of domestic violence in St. Clair County, you are facing more than just potential jail time. These accusations can threaten your job, your reputation, your family relationships, and your fundamental right to possess a firearm. Police and prosecutors in Port Huron and across St. Clair County take domestic violence allegations extremely seriously.
A key fact to understand is that prosecutors operate under a “no-drop” policy. This means that even if the accuser recants their statement or asks to drop the charges, the St. Clair County Prosecuting Attorney’s Office can—and often will—proceed with the case against you.
Law enforcement agencies such as the St. Clair County Sheriff’s Office and the Port Huron Police Department have strict protocols for domestic violence calls. In the majority of cases, someone will be arrested on the spot—even when the facts are unclear or disputed. The prosecutors in the 72nd District Court (which handles arraignments, bond conditions, and misdemeanor trials) and the 31st Circuit Court (which handles felony trials) aggressively pursue these cases, so it’s vital to have an experienced legal team building your defense from day one.
Mamat Law provides strong, local legal representation for individuals across St. Clair County, including Port Huron, Marysville, Fort Gratiot, Marine City, St. Clair, and Algonac. If you’re searching for a domestic violence attorney near you, we are ready to fight for your rights and protect your future.
Dedicated Domestic Violence Defense for St. Clair County Residents
Mamat Law is committed to defending individuals across St. Clair County against domestic violence allegations. We focus on personalized and thorough defense strategies designed for the unique circumstances of each client’s case. Whether it’s a first-time accusation or a complex legal matter involving past protective orders or multiple charges, our attorneys are prepared to take immediate action to investigate, challenge the prosecution’s claims, and guide you through every step of the legal process.
Our team has extensive experience handling domestic violence cases in both the 72nd District Court and the St. Clair County Circuit Court. We understand how local judges and prosecutors operate, and we use that knowledge to build comprehensive defense strategies aimed at achieving dismissed charges, acquittals, or favorable plea agreements.
Understanding Domestic Violence Under Michigan Law
Under Michigan law, “domestic violence” is not a standalone crime but a label applied to an assaultive offense committed against a person with whom you have a specific domestic relationship. The core crime is typically assault or assault and battery. According to MCL 750.81, this domestic relationship can exist between individuals who:
- Are or were married
- Are or were residing in the same household
- Have a child in common
- Are or were in a dating relationship
- Are related by blood or marriage
Crucially, an “assault” under Michigan law does not require physical contact. It can be defined as an attempt to commit a battery or an act that places another person in reasonable fear of immediate battery. This means that charges can result from a heated verbal argument if it involves a credible threat of imminent harm. The law does not require visible injuries; a simple claim of unwanted physical contact or a threat can be enough to trigger an arrest and prosecution.
Common Domestic Violence Charges and Penalties in Michigan
Domestic violence charges in Michigan carry escalating penalties, especially for repeat offenses. It is vital to understand what you are facing.
- Domestic Assault (MCL 750.81):
- First Offense: A misdemeanor punishable by up to 93 days in jail, a $500 fine, and mandatory anger management or domestic violence counseling.
- Second Offense: A misdemeanor with enhanced penalties, including 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 an assault that causes a “serious or aggravated injury” (e.g., an injury requiring immediate medical attention) without the use of a weapon.
- First Offense: A misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
- Second Offense: A felony punishable by up to 5 years in prison.
- Felonious Assault / Assault with a Dangerous Weapon (MCL 750.82): Assault involving a weapon or any object used in a way that could cause serious injury (e.g., a knife, gun, bat, or even a boot). This is a felony punishable by up to 4 years in prison.
- Assault with Intent to Do Great Bodily Harm Less Than Murder (MCL 750.84): A serious felony charge with a potential prison sentence of up to 10 years.
Strangulation or Suffocation (MCL 750.84): A felony charge for intentionally impeding breathing or blood circulation. No visible injury is required for a conviction. This charge carries a penalty of up to 10 years in prison.
A Critical Option for First-Time Offenders: The Spousal Abuse Act Deferral
For first-time offenders, Michigan law provides a crucial opportunity under MCL 769.4a, often called the “domestic violence deferral.” If you qualify, you can plead guilty, but the court will delay entering a judgment of conviction. You will be placed on probation with conditions (counseling, no-contact orders, etc.). If you successfully complete probation, the court will dismiss the charge, and no public conviction will appear on your record. This is a powerful tool to protect your future, and securing this outcome is a primary goal in many of our cases.
Understanding Personal Protection Orders (PPOs)
In domestic violence situations, courts often issue Personal Protection Orders (PPOs). A PPO can be requested by the accuser and granted *ex parte*—meaning a judge can issue it immediately without you being present for a hearing.
- Domestic Relationship PPO: For individuals who have or had a close personal relationship with the respondent.
- Stalking PPO: Issued for repeated, unwanted contact or harassment that causes fear.
- Non-Domestic Sexual Assault PPO: Involves allegations of sexual misconduct between unrelated individuals.
You have a right to challenge an ex parte PPO. You can file a motion to terminate the PPO, and the court must hold a hearing within 14 days. At this hearing, we can challenge the evidence and argue why the PPO should be removed.
Violating a PPO is a separate criminal offense punishable by up to 93 days in jail and a $500 fine. Our attorneys defend clients both against initial PPO petitions and against criminal charges for alleged PPO violations.
Life-Changing Consequences Beyond the Courtroom
A domestic violence conviction can permanently alter your life:
- Criminal Record: While Michigan’s “Clean Slate” laws have made it possible to expunge a first-offense domestic violence misdemeanor conviction after a five-year waiting period, felony convictions and second-offense misdemeanors have much longer waiting periods or may not be eligible. Any conviction will appear on background checks until it is expunged.
- Loss of Firearm Rights: Under both federal (Lautenberg Amendment) and Michigan law, a domestic violence conviction results in a lifetime ban on owning or possessing firearms.
- Child Custody & Divorce Issues: A domestic violence conviction creates a “rebuttable presumption” against the convicted parent having joint custody. This can severely impact your parental rights.
- Immigration Consequences: For non-citizens, a conviction can be considered a “crime of moral turpitude” or an “aggravated felony,” leading to visa revocation, denial of naturalization, or deportation.
- Damage to Reputation & Employment: A conviction can be a barrier to employment, especially in fields like education, healthcare, law enforcement, or government.
Strategic Domestic Violence Defense in St. Clair County
Mamat Law builds powerful defenses through a detail-oriented approach tailored to the courts and legal environment of St. Clair County. Our strategies include:
- Thorough Investigation: We don’t just rely on the police report. We interview witnesses, analyze 911 calls and body cam footage, and uncover inconsistencies in the accuser’s story.
- Challenging the Evidence: Scrutinizing the prosecution’s evidence for constitutional violations (like an illegal search) or inadmissibility.
- Asserting Self-Defense or Defense of Others: Many alleged acts of violence are lawful actions taken in response to an attack. We know how to build a credible self-defense claim.
- Negotiating for Favorable Outcomes: Our primary goal is often a full dismissal. When that is not possible, we leverage our knowledge of the law to negotiate for reduced charges or, critically, for a deferral under MCL 769.4a to keep your record clean.
- Fighting Unjust PPOs: Vigorously representing clients at PPO hearings to prevent unnecessary and damaging restrictions from being imposed based on false or exaggerated claims.
Why Choose Mamat Law for Your St. Clair County Defense
- Deep Local Knowledge: Intimate familiarity with the judges, prosecutors, and procedures in the 72nd District and 31st Circuit Courts.
- Proven Results: A track record of achieving dismissals, acquittals, and favorable resolutions in St. Clair County domestic violence cases.
- Knowledge of Critical Programs: Expertise in utilizing programs like the MCL 769.4a deferral and navigating the new expungement laws to protect your future.
- Personalized Attention: You are not just a case file. We take the time to understand your side of the story and provide clear, honest communication.
- Responsive Service: We are available to answer your urgent questions and provide guidance when you need it most.
If you’re searching online for a “domestic violence lawyer near me” because you or a loved one has been accused in St. Clair County, Mamat Law is ready to provide the expert defense you need.
Request a Free, Confidential Consultation Today
If you are facing domestic violence charges in St. Clair County, do not wait. The actions you take in the first 48 hours can define the outcome of your case.
Call Mamat Law today to schedule a free, confidential consultation. Our team will review your case, explain your legal options, and begin developing a defense strategy designed specifically for the St. Clair County courts. Whether you’re in Port Huron, Marysville, or anywhere in the region, the help you need is local and just a phone call away.