Domestic Violence
Domestic Violence Law Attorney, MI
The Law Office of Jeff Garfield, PLC

Domestic Violence Defined
I know what a domestic abuse charge can do to a person’s life, and it’s not just the possibility of jail time and fines. This charge can result in a loss of or change in custody and/or visitation rights, it can affect your ability to obtain employment or housing, and you may lose your right to own a firearm under the Domestic Violence Offender Gun Ban.
The best way to beat a domestic violence charge is to have the other person drop the charges. This is the best place for your attorney to begin. Unfortunately, the prosecuting attorney can still bring charges against you, even if the parties want the charges dropped.
My first step, regardless, will be to the supposed victim and try to convince her/him to drop the charges. This might be the end of if, but the prosecutor might not see it that way. Having the victim on your side will sure help, though.
There are several defenses that are on the table if you are charged with domestic violence. Five potential defenses are.
Self-defense – In many domestic violence cases, defendants claim they acted in self-defense or to protect their children. A claim of self defense may work if the defendant reasonably perceived an imminent threat, had a proportional response, and was not the initial aggressor.
False alegation – Some individuals make false allegations of abuse against partners out of spite. This is known to happen in child custody cases and divorce cases. To stave off a conviction stemming from false allegations, defense attorneys typically search for inconsistencies in the accuser’s story by comparing it to police records and witness accounts.
Wrong person – If a defendant claims someone else was responsible for the abuse, there are a number of ways to establish the accused’s innocence. This may include presenting evidence as to whether the defendant was near the scene of the alleged incident and whether he or she had a reliable alibi.
Consent. It’s rare, but if an individual has consented voluntarily to a particular act, then that same consent may function as a defense against a domestic violence charge.
Lack of proof. A defendant’s strongest defense is often the legal strategy of poking holes in the other side’s arguments. A defendant cannot be convicted when the prosecutor fails to meet the requisite burden of proof.
This type of charge is very serious and will affect you in many ways throughout your life. Fighting this charge may be your only option, or at the very least, having your attorney negotiate a better plea deal is needed. This is why you should Call Garfield.
The Michigan Statute
M.C.L.A. 750.81
750.81a Assault; infliction of serious or aggravated injury; penalties; previous convictions; “dating relationship” defined.
Sec. 81a.
(1) Except as otherwise provided in this section, a person who assaults an individual without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(2) Except as provided in subsection (3), an individual who assaults 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 the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(3) An individual who commits an assault and battery in violation of subsection (2), and who has 1 or more previous convictions for assaulting or assaulting and battering 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 the same household, in violation of any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both:
Penalties
Why Call Garfield?
In Michigan, there are two types of domestic violence classifications; domestic assault and aggrevated domestic assault. The difference between the two are in the first there is no injury and in the second the victim must receive serious injury that requires medical attention, even if no medical attention is sought.
Domestic violence itself is the occurrence of any of the following acts that do not occur as an act of self-defence:
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.
Family or Household Member Defined
- A spouse or former spouse,
- a person with whom you are or have resided with,
- a person whom you have had or are having a dating or sexual relationship,
- a person with who you are related to or have been by marriage, or
- a person with whom you have a child in common with, or any minor child of the persons described above.
Domestic Assault
First Offense – Misdemeanor with up to $500.00 fine, up to 93 days in jail, or both.
Second Offense – Misdemeanor with up to $1000.00 fine, up to one year in jail, or both.
Third Offense – Felony with up to $2500.00 fine, up to two years in jail, or both.
Aggravated Domestic Assault
First Offense – Misdemeanor with up to $1000.00 fine, up to one year in jail, or both.
Second Offense – Felony with up to $2500.00 fine, up to two years in jail, or both.
OUR AREAS OF PRACTICE UNDER CRIMINAL LAW
