Recovering from a domestic violence charge is a challenging process that can have significant implications on a person’s life. Domestic violence cases often involve allegations of physical, emotional, or sexual abuse within a domestic or intimate relationship. The aftermath of being charged by such an offense can be devastating, affecting personal relationships, employment prospects, and one’s overall reputation. However, it is essential to recognize that recovery is possible. Through a combination of legal action, counseling, rehabilitation, and a commitment to personal growth, individuals can strive to rebuild their lives and move forward from the shadows of a domestic violence charge.
If you or someone you know is recovering from a domestic violence charge, it is crucial to seek guidance and support from an experienced Michigan domestic violence lawyer. At Michigan Defense Law, our lawyers can provide advice on navigating the legal process, protecting your rights, and exploring the possibility of expungement for domestic violence charges. Contact us at (248) 451-2200 to schedule a consultation.
Is the Accused Just an Average Person Who Made Bad Judgment, or is there a Criminal Element?
Yes, domestic violence pretty much can occur in almost any type of socio-economic situation. Most of our clients are people who did not have any prior criminal history, they are law-abiding citizens, they are not violent people, they are not mean people, and they don’t fight all the time.
Most of our clients accused of domestic violence are people who really don’t have any kind of significant criminal history and it was just either a bad day or a relationship that is deteriorating or a situation where the person who called the police never even wanted them to get arrested themselves and just the police took over the situation and made an arrest, so, yes, this is not a crime that is committed just by criminals, this is the type of thing that can happen to anybody.
What Are Some Important Things That People Should Know About Domestic Violence Cases?
The first thing that they need to know is that the court system in Michigan takes domestic violence cases very seriously and that even if there was a minor incident, if you ended up arrested and charged, then you need to take it seriously because the court is going to take it seriously. So, the important thing is to find yourself a good attorney to help you through the process to explain to you what matters, what doesn’t matter, what you should do, and what you should not do and get the help that you need to make sure that you come out of it in the best possible manner.
Can Custody Rights be Affected by Domestic Violence Charges?
Custody rights are really going to be determined by the family law court if there is a divorce case or a custody case or by protective services. Typically, a person is not going to lose their rights to their kids just because of a domestic violence case but it is one factor that will be looked at against them and that’s assuming that the domestic violence was not against the children. If there was a domestic violence case involving a child, then it would have a much bigger effect on your parental rights.
Is it Possible to Lose My Job for Domestic Violence?
One of the most disappointing realizations for people convicted of domestic violence is that the sentence doesn’t end after they have completed their probation or served their time. The conviction will follow them wherever they go.
Convictions for domestic violence can have a significant impact on any or all of these:
- Public Employment: It is likely that someone convicted will have difficulty obtaining or holding any public job, such as teaching, nursing, police work, and so on.
- General Employment: If you are convicted of domestic violence, your job will be terminated, especially if your job involves child care, weapon handling, or transport of dangerous materials.
- Professional License: Your current professional license (teaching or legal licensing, etc.) may be terminated. You may have difficulty obtaining future licenses.
Many of these consequences can lead to financial hardship, which can make it even harder for you to manage your finances. Even before the trial, financial hardship can begin. These orders (common to these accusations) require you to leave your home and stop all contact with the victim.
|Possible Job Implications of a Domestic Violence Charge||Details|
|Public Employment||People convicted of domestic violence may have difficulty obtaining or holding public jobs, such as teaching, nursing, police work, etc.|
|General Employment||If convicted of domestic violence, job termination is likely, especially in roles involving child care, weapon handling, or transport of dangerous materials.|
|Professional License||Convictions for domestic violence can result in the termination of current professional licenses, such as teaching or legal licenses, and may create difficulties in obtaining future licenses.|
A domestic violence conviction also has an impact on areas like the following:
- Child Custody: A convicted domestic abuser cannot have primary child custody. This conviction will have severe consequences for family relationships as well as rights.
- Renting & leasing: Many landlords will refuse to rent apartments, homes, or rooms to domestic violence offenders. The rental agreement will not be terminated by the victim, but you will be required to vacate (even if your case has been dismissed).
- Loans: Obtaining a loan can be difficult if you have been convicted of domestic violence. Many convicted felons end up bankrupt.
How Long Does a Domestic Violence Charge Stay on Your Record?
A domestic violence conviction remains on your criminal record indefinitely, unless you initiate Michigan’s expungement process to set aside the conviction.
By undergoing the expungement procedure, a domestic violence conviction can be erased from public records and made accessible only through non-public records. However, law enforcement will still retain a private record of the offense. Once expunged, the domestic violence conviction will no longer appear on a public record or in a public criminal history report obtained through background checks conducted by businesses or organizations.
In order to qualify for expungement of domestic violence charges in Michigan, individuals must satisfy certain criteria. One crucial requirement is that at least five (5) years must have elapsed since the completion of any jail sentence or probation discharge.
In order to assess whether you qualify for expungement, it is crucial to consult a knowledgeable Michigan domestic violence lawyer who has experience in the expungement process. At Michigan Defense Law, our skilled attorneys are well-versed in expungement assistance and can offer you up-to-date and precise information tailored to your unique circumstances. Take the first step in protecting your rights and achieving the best outcome possible for your situation by scheduling a free consultation with us today.
Misdemeanor and Felony Domestic Violence Expungement
The State of Michigan will automatically expunge eligible felonies or misdemeanors after a specific time period under Clean Slate Law starting December 22, 2022. However, assaultive crimes will not automatically be expunged. To expunge domestic violence offenses from your record, you will need to file a request. You cannot expunge more than 2 assaultive offenses. A felony conviction for domestic violence cannot be removed from your record if you were convicted of a misdemeanor domestic abuse charge prior to the felony charge.
For those who remain conviction free, the waiting period for misdemeanors is three years, five years for serious misdemeanors or one felony, and seven years for multiple felonies.
It is not possible to apply for expungement until the waiting time period has elapsed. This waiting period starts from the day the court no longer has jurisdiction over you. Any intervening criminal convictions can set back the expungement efforts. If a person is denied, they will have to wait three years before they are able to reapply for expungement.
If you are facing charges of domestic violence or looking to have your domestic violence charge expunged, it is important to have skilled legal counsel by your side. An experienced criminal defense lawyer may be able to help you protect your rights and guide you toward a favorable outcome.
For more information on Recovering From A Domestic Violence Case, contact a Michigan criminal defense attorney for a free initial consultation. Get the information and legal answers you’re seeking by calling (248) 451-2200 today.