Best Domestic Violence Lawyers in Michigan

About Domestic Violence Law in Michigan, United States

Domestic violence is a serious crime in Michigan, United States, recognized under both criminal and civil law. It involves any form of abuse or violence that occurs within a domestic or family relationship, such as between spouses, current or former partners, individuals with a child in common, or people living in the same household. Domestic violence can include physical harm, emotional abuse, threats, stalking, or sexual assault. Michigan law provides protections for survivors and holds offenders accountable through various mechanisms, including criminal charges, personal protection orders (PPOs), and support services.

Why You May Need a Lawyer

Dealing with domestic violence is highly stressful and can have life altering consequences, both for survivors and those accused. There are several instances where legal help becomes critical:

• You are a survivor seeking protection from an abuser, possibly through a Personal Protection Order (PPO).
• You have been accused of domestic violence and need to defend yourself in court.
• You are dealing with child custody or divorce proceedings complicated by allegations of abuse.
• You require advice about your rights and responsibilities as either a survivor or accused person.
• You have questions about how domestic violence charges might impact your criminal record, employment, or immigration status.
• You need help accessing resources or interpreting confusing legal terminology or forms.

Local Laws Overview

Michigan has its own statutes specifically addressing domestic violence. In Michigan, domestic violence is not just one crime but includes various charges that can be brought depending on the nature and severity of the situation:

• Domestic Assault and Battery: This refers to any unwanted physical contact or violent behavior aimed at a protected person, such as a spouse, partner, or family member.
• Aggravated Domestic Assault: More serious instances, such as those causing injuries requiring medical attention, can result in aggravated charges.
• Personal Protection Orders (PPOs): Survivors of domestic violence may petition the court for a PPO, which restricts the accused from contacting, stalking, or coming near them. PPOs can be issued ex parte (without the other person present in court) in urgent situations.
• Repeat Offender Penalties: Michigan law imposes more severe penalties for repeat offenders.
• Mandatory Arrest Policies: In some cases, law enforcement must arrest the suspected abuser if there is probable cause that domestic violence has occurred.
• Child Custody Impacts: Evidence of domestic violence is a significant consideration in custody and parenting time decisions.

Frequently Asked Questions

What qualifies as domestic violence in Michigan?

Domestic violence includes physical assault, threats, emotional abuse, stalking, sexual assault, or any behavior used to control or intimidate someone in a domestic relationship.

How do I get a Personal Protection Order (PPO) in Michigan?

You can file a petition for a PPO at your county courthouse. You need to describe the threatening or violent behavior and your relationship to the respondent. In certain cases, an ex parte PPO can be issued quickly without the abuser being present.

What happens if someone violates a PPO?

Violating a PPO is a criminal offense in Michigan and can lead to immediate arrest, contempt of court charges, jail time, and additional penalties.

Can domestic violence charges be dropped?

Only the prosecutor can drop domestic violence charges in Michigan, not the victim. Even if a victim wants to withdraw their complaint, the state may continue with prosecution.

What are the penalties for a first time domestic violence conviction?

A first offense is usually a misdemeanor, punishable by up to 93 days in jail and or fines. Penalties increase for subsequent offenses or cases involving injuries.

How does domestic violence affect child custody?

Michigan courts consider evidence of domestic violence when deciding custody and parenting time. A history of abuse can impact a parent's chances of receiving custody or unsupervised visitation.

Do I need a lawyer to file for a PPO?

It is not legally required to have a lawyer to file for a PPO in Michigan, but having legal representation can help ensure your petition is properly prepared and increases your chances of success.

What should I do if I am falsely accused of domestic violence?

Seek legal representation immediately. False accusations can have severe consequences. A lawyer will help you establish your defense and protect your rights throughout the legal process.

Can domestic violence charges be expunged in Michigan?

Some domestic violence convictions are eligible for expungement under Michigan law, depending on the circumstances and the individual’s criminal history. Consulting an attorney about your specific situation is recommended.

Are there shelters or resources for victims of domestic violence?

Yes, Michigan offers numerous shelters and support services for victims, providing emergency housing, counseling, legal support, and advocacy.

Additional Resources

If you or someone you know is affected by domestic violence in Michigan, the following resources may be helpful:

• Michigan Coalition to End Domestic and Sexual Violence (MCEDSV): Offers support, education, and resources for survivors.
• Michigan Department of Health and Human Services (DHHS): Provides information and services for domestic violence victims, including shelter and counseling.
• Local law enforcement agencies: Can assist with emergency situations and guide you on how to file reports or obtain PPOs.
• Legal Aid Organizations: Such as Legal Services of South Central Michigan or Michigan Legal Help, which provide free or low cost legal assistance.
• National Domestic Violence Hotline: Available 24-7 and offers crisis intervention, information, and referral services.

Next Steps

If you need legal assistance regarding domestic violence in Michigan, consider the following steps:

• Assess your immediate safety and, if necessary, call 911 in emergencies.
• Document any incidents, including dates, times, and descriptions of what happened. Keep evidence like texts, emails, medical reports, or witness statements.
• Reach out to support organizations or local shelters for immediate advice and assistance.
• Consult a qualified attorney who specializes in domestic violence law in Michigan. They can guide you through filing for a PPO, responding to charges, or handling related family law matters.
• If cost is a concern, explore legal aid organizations that may provide low cost or free services.
• Follow court processes, appear at required hearings, and strictly adhere to any court orders or legal advice given to you.