| Domestic
Violence
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 law offices of Paul J. Tafelski, P.C. immediately to
discuss your case.
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