Tafelski

domestic violence faqs

What is domestic violence?
I was charged with domestic violence but never lived with the person. Is that legal?
I have a Personal Protection Order against me. Will it stay on my record?
What happens if I violate a Personal Protection Order against me?
If I am arrested for domestic violence how long will I have to remain in jail?
What are the penalties for domestic violence?
What is a felonious assault?
Do I need an attorney?

What is domestic violence?
Domestic violence is any violent behavior used by one person in a relationship to control the other. Partners may be married or not married, living together, separated or dating. Violence can be criminal and includes: physical assault, sexual abuse, and stalking. Although emotional, psychological and financial abuses are not criminal behaviors, they are forms of abuse and can lead to criminal violence. An assault is placing someone in imminent threat of a battery. A battery is defined as a harmful or offensive touching. Therefore, such gestures as raising a fist towards someone so that they believe you are about to hit them can technically constitute an assault and battery or a domestic violence if a domestic relationship is involved.

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I was charged with domestic violence but never lived with the person. Is that legal?
Yes. The statutory definition requires the offense to have been committed by one family member or household member to another. A family or household member is a spouse, former spouse, person related by blood or marriage, persons presently residing together as if a family or have resided in the past as if a family, and persons who have a child in common regardless of whether they are married or have resided together in the past.

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I have a Personal Protection Order against me. Will it stay on my record?
A Personal Protection Order is a civil proceeding and will not stay on your record. If there is a violation or conviction, such as an arrest for assault, it is classified as a criminal matter and therefore will remain on your record.

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What happens if I violate a Personal Protection Order against me?
A police officer may make a warrantless arrest if the officer has reasonable cause to believe that you violated your Personal Protection Order. If the police cannot find you, they may choose to file a warrant request for stalking or aggravated stalking.

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If I am arrested for domestic violence how long will I have to remain in jail?
As of April 2002, a person arrested in Michigan for domestic violence cannot be released from jail on an interim bond set by the jail. The person must be held until he/she can be arraigned, or has an interim bond set by a judge or district court magistrate. The judge or magistrate's interim bond can include conditions, such as having no contact with the victim.

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What are the penalties for domestic violence?
Michigan uses two classifications of domestic violence:

Domestic Assault - (no injury necessary)

• 1st conviction (misdemeanor): up to 93 days in jail and/or $500 fine
• 2nd conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
• 3rd or more conviction (felony): up to 2 years in prison and/or $2,500 fine

Aggravated Domestic Assault - (Victim must receive serious or aggravated injuries requiring medical attention)

• 1st conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
• 2nd conviction (felony): up to 2 years in prison and/or $2,500 fine

In addition, for any conviction you are likely to be placed on probation. For a misdemeanor probation can be up to 2 years. For a felony it can be up to 5 years. A judge will usually require some type of anger management counseling but has wide latitude to impose a host of other penalties such as community service, alcohol or drug testing, AA, etc.

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What is a felonious assault?
According to Michigan law, a felonious assault is an assault with a dangerous weapon without intent to inflict bodily harm. Any person who assaults another with a gun, knife, or other dangerous weapon, but without intending to commit the crime of murder, and without intending to inflict bodily harm, shall be guilty of a felonious assault. For example, pointing a gun at someone without intending to harm them but intending to make them scared could be a felonious assault.

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Do I need an attorney?
Yes. Domestic Violence, Assault & Battery and Felonious Assault are all considered crimes of violence. They stereotype you in the criminal justice system. Judges have a tremendous amount of discretion when deciding punishment. Without the right counsel you may say the wrong thing or not do the right thing to mitigate your punishment. With proper counsel you may be able to defeat the charges against you or minimize the punishment you receive. If you have been charged with domestic violence, assault and battery or felonious assault you should protect your rights. Contact the domestic violence attorneys at the law offices of Paul J. Tafelski, P.C. immediately to discuss your case.

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