Birmingham Domestic Violence Attorney
Your life can be shattered after being accused of domestic violence in Michigan, especially when the allegations are not entirely true. Michigan Incident Crime Reporting statistics indicate that 89,403 people were accused of domestic violence in the state in 2016. At the same time, Stop Abusive and Violent Environments (SAVE) reports that up to 70% of restraining orders issued against offenders are based on trivial or false allegations. These figures demonstrate the importance of retaining a Birmingham domestic violence attorney if you have been accused.
Our lawyers at the office of Paul J. Tafelski have more than a decade of experience defending people accused of domestic violence. We are by your side regardless of whether the allegations are true or false, as we believe every person deserves their day in court. Please contact our office to schedule a consultation with a Birmingham domestic violence lawyer, and read on for some important information.
Overview of Michigan Domestic Violence Laws
Any violent act can lead to criminal charges, but Michigan law treats domestic situations differently that crimes between strangers. Unfortunately for those accused of domestic abuse, the victim does not need to show injuries or other harm to seek relief.
- Personal Relationships: An accuser does need to establish a certain type of relationship in a claim for domestic violence. Victims can raise allegations against a spouse, former spouse, or parent of a child. They can even seek legal remedies against current or former residents of the same household, and people they dated.
- Remedies and Legal Protections Favor the Accuser: If you are accused of domestic violence, an accuser can take advantage of certain legal protections without giving you the opportunity to be heard in court. Personal Protective Orders (PPOs) are available on an emergency basis, directing you to not contact or communicate with the accuser.
Criminal Penalties for Domestic Violence in Michigan
Though separate from a PPO, you may face criminal charges for domestic violence. Like any crime, a judge will issue a sentence if you are convicted.
- Domestic Assault: As a misdemeanor, domestic assault is punishable by up to 93 days in prison, a fine of $500, or both. The penalties increase for subsequent convictions, so a third-time offender may face felony charges of up to two years’ incarceration and a $2,500 fine.
- Aggravated Domestic Assault: When the victim has serious injuries and/or requires medical attention, the crime is still a misdemeanor for a first-time offender. The sentence could be up to a year in jail and a maximum fine of $1,000. A second conviction is a felony, for which you could be sentenced to a maximum of two years imprisonment and a $2,500 fine.
Contact a Birmingham Domestic Violence Attorney to Discuss Your Case
If you were accused of domestic violence, regardless of the truth of the allegations, you need a knowledgeable attorney to represent your interests. There are serious consequences for your life, even beyond the criminal penalties. For more information, please call the office of Paul J. Tafelski at (248) 221-1060 to schedule a consultation. You can also visit us online to hear more about our criminal defense services.