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Being charged with domestic violence can have serious repercussions, and a conviction carries a stigma that may be difficult to overcome. It definitely affects your reputation and can result in loss of job, revocation of any number of licenses and lead to difficulty finding employment in the future. This charge generally goes hand in hand with a restraining order.
Under Michigan Penal Code section 750.81 domestic violence is defined as committing assault and/or battery on your spouse, a former spouse, someone you may be dating or the other parent of your child.
Penalties are up to 93 days in jail with a possible fine of $500 for the first offense. A second offense can land you in jail for a year and a $1,000 fine. Any subsequent conviction, the charge gets bumped up to a felony and carries a sentence of 2 years in jail with a possibility of a $5,000 fine or 5 years probation.
Furthermore, Michigan Statues section 400.1501 broadens the definition of domestic violence. Attempting or causing harm to any family or household member, placing a family or household member in fear of physical or mental harm, using force or threat of force or duress to cause them to engage in sexual acts and doing anything to cause them to feel fear or intimidation also falls under this category.
One of the most effective strategies that a domestic violence attorney/assault & battery attorney can use is arguing that you acted in self-defense. For this defense to be successful, certain things must be true. You must have had reasonable belief that you or someone else were in immediate danger and that the use of force was necessary to keep yourself or someone else from harm. The amount of force used must also be appropriate to counter the threat, not excessive. This legal strategy is used when there is actual, physical force involved; but if you are charged with threatening, a false accusation defense may be used by your attorney. To prove a false accusation a motive needs to be established, such as in child custody disputes.
Charges of domestic violence is a serious issue and the attorneys at Legalquest Network have the knowledge and experience to provide you with an excellent defense.
The domestic violence attorneys at Legalquest Network Team provide legal assistance in the cities of Detroit, Dearborn, Southfield, Ann Arbor, Lansing, Grand Rapids, and Sterling Heights.