Michigan Domestic Violence Lawyer

Michigan Domestic Violence Attorney

If you’re facing domestic violence (DV) charges in Michigan, it’s critical to act as quickly as possible to begin building your defense so you can protect yourself and get back to a normal life once everything is said and done. Navigating domestic violence charges can be challenging and emotionally draining. A Michigan domestic violence lawyer can ease this burden and use their legal experience, knowledge, and resources to help you secure the best outcome possible.

Our skilled criminal defense attorneys have over 30 years of experience working on complex cases throughout the Metro Detroit area of Wayne, Oakland, Macomb and the surrounding counties. Whether you’ve been falsely accused or you’re looking to mitigate the damage after a DV incident, you can count on our team to protect you.

Domestic Violence in Michigan

Here’s the relevant legal language from the law:

(d) “Domestic violence” means the occurrence of any of the following acts by an individual that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to a family or household member.
(ii) Placing a family or household member in fear of physical or mental harm.
(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.
(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

(e) “Family or household member” includes any of the following:

(i) A spouse or former spouse.
(ii) An individual with whom the person resides or has resided.
(iii) An individual with whom the person has or has had a dating relationship.
(iv) An individual with whom the person is or has engaged in a sexual relationship.
(v) An individual to whom the person is related or was formerly related by marriage.
(vi) An individual with whom the person has a child in common.
(vii) The minor child of an individual described in subparagraphs (i) to (vi).

Note that the law covers physical and emotional attacks, as well as sexual abuse. However, in the real world of criminal charges, domestic violence almost always involves some kind of physical assault. It’s a serious offense, and the potential penalties can be severe.

Approximately 41.8 percent of women and 23 percent of men in Michigan experience domestic violence. This is higher than rates in surrounding states like Ohio and Wisconsin.

By the Numbers

A total of 70,564 domestic violence victims were documented in Michigan in 2021. The majority of aggravated assaults reported in Michigan take place in someone’s place of residence. Out of 178,900 cases reported in 2023, 109,392 took place in the home or residence.

It’s important to note that these statistics only reflect the victims who chose to report their situation. Domestic violence is among the most commonly under-reported incidents due to the nature of the crime. Plenty of time, nobody calls 911, but most people do know that if the police show up, somebody is almost certainly going to be arrested.

This is a key reason why, if you’re facing a domestic violence or assault charge, having solid legal representation is critical.

Types of Domestic Violence Recognized in Michigan

There is no exhaustive list of behaviors that constitute domestic violence, especially considering how unique circumstances can be from situation to situation. As noted, in Michigan, virtually every domestic violence case involves some kind of physical assault or contact between people who know each other (and, most often, live together).

The Impact of Domestic Violence Charges on Child Custody Arrangements

It’s possible for a domestic violence charge to affect existing child custody orders, depending on the details of the situation. Courts make custody decisions based on the best interests of the child. They look at factors like the relationship each parent has with the child, the strength of the emotional ties, the moral fitness of the parents, and the criminal histories of both parents.

It’s likely that a domestic violence incident is going to raise some flags when it comes to determining or modifying custody. Regardless of whether the child was the victim of or witness to any domestic violence, offenders who wind up with a conviction can face difficulties with custody or visitation orders.

That said, it’s still possible for a parent to retain their right to custody or at least gain visitation rights if they have a domestic violence conviction. Talk to a Michigan domestic violence lawyer from Jeffrey Randa and Associates to learn more about your options in this scenario.

Handling False Domestic Violence Accusations in Michigan

Being accused of domestic violence is very serious. While the crime itself can alter a victim’s life forever, false accusations can also ruin an innocent person’s life. If you’re falsely accused of domestic violence in Michigan, it’s important to know your rights during police questioning and reach out to a criminal defense attorney to represent you. Keep your distance from the accuser while working with your defense lawyer.

If you’re facing domestic violence charges and you did not commit any such acts, a Michigan domestic violence lawyer can help build a strong defense to get the case dropped. The key to a good defense is evidence – or lack of it.

Even if there was an incident of assault, we can still help you formulate a defense that protects you. A domestic violence conviction can follow you for the rest of your life. It’s critical to work with an attorney who understands how to protect you, and knows how to keep your record clean.

Benefits of Working With a Michigan Domestic Violence Lawyer

If you’re facing a domestic violence (or any kind of assault) charge, it’s always highly recommended to work with an experienced criminal defense attorney. Even when the evidence against you is rock solid, we can often keep the entire matter off of your record.

Not only can a Michigan domestic violence lawyer evaluate your defense to identify ways to strengthen it, but we will also investigate every shred of the prosecution’s evidence to find a way to defend against their accusations. Beyond that, we will accompany and support you through every phase of your case to address any challenges and help you make important decisions.

Ultimately, the goal is either to get out of the charge completely, or, if the evidence is strong enough, to avoid as many of the legal penalties and negative consequences as possible, including keeping your record clean.

Our attorneys at Jeffrey Randa and Associates have over thirty years of experience navigating domestic violence cases in the Greater Detroit area. We’re in your corner to make your life easier during these trying times, and we aim to make working with us easy, too.

We work on a flat-fee basis, and are so transparent about our charges that we actually publish our Fees online. Of course, we always provide a free and confidential consultation, conveniently done over the phone.

FAQs

Is Domestic Violence a Misdemeanor or a Felony in Michigan?

In Michigan, domestic violence can either be a misdemeanor or a felony, depending on the details of the situation. For example, a first-time offense that resulted in minor injuries to the victim is likely to be charged as a misdemeanor, whereas a repeat offense or an incident that resulted in serious bodily harm can be a felony.

What Is the Punishment for Domestic Violence in Michigan?

The penalties for domestic violence can vary depending on the severity of the charges. Simple domestic violence is typically a misdemeanor punishable by up to 93 days in jail and/or a $500 fine, plus court costs. However, punishments can increase from there if the crime is more serious or involves any aggravating factors, such as the use of a weapon.

How Do I Beat a Domestic Violence Charge in Michigan?

Since domestic violence is such a serious crime, beating the charges requires good evidence or your innocence, or a lack of evidence against you. Some of the most common defenses for domestic violence include constitutional violations, false accusations, lack of evidence, and self-defense. A Michigan domestic violence lawyer can help strengthen your defense and improve your chances of having your charges reduced or even dropped.

How Much Does It Cost to Work With a Michigan Domestic Violence Lawyer?

It’s difficult to estimate how much you may pay for a Michigan domestic violence lawyer without knowing exactly what charge(s) you face. You can expect a criminal defense attorney to charge based on the complexity of your case and the type of services you require. Different law firms also tend to charge varying amounts, depending on their experience level. Our firm is the only one to actually publish its prices.

Discuss Your Case With a Michigan Domestic Violence Lawyer

Facing domestic violence charges in Michigan is a big deal, so it’s critical to use all the resources at your disposal to build your defense. This means securing legal counsel from a Michigan domestic violence lawyer you can trust.

Your best defense is a good lawyer who will genuinely look out for you. Our firm will make sure to protect you like family. These types of cases aren’t only complicated; they can also be emotionally taxing. It’s always beneficial to work with someone who is knowledgeable in the law and experienced in the court where your case will be decided.

Jeffrey Randa and Associates has been representing clients in the Greater Detroit area in all types of criminal cases for over 30 years, so we can use our unsurpassed experience to defend you against your domestic violence charges. Call us for a free, confidential consultation with our team today. We are very friendly people who will be glad to answer your questions and explain things.