Domestic violence is considered a serious crime not only in Michigan but across the United States. For those who have been charged and convicted of domestic violence, there are severe legal consequences, including fines and jail time. The stigma of a domestic violence conviction can follow someone for the rest of their life, ruining their reputation, their career, and their future.
If you have been accused of domestic violence, it is critical to get the assistance of an experienced domestic violence attorney. Michigan law treats these charges harshly. You need the best possible defense when you are facing domestic violence charges. For over two decades, Michigan Defense Law founding attorney Paul J. Tafelski and our skilled team of Michigan domestic violence lawyers have diligently protected the legal rights of those who have been charged with domestic abuse. For more than 20 years, attorney Paul Tafelski has successfully defended individuals from arraignment through jury trials and in all sorts of legal matters, including minor misdemeanors and major felonies. With a winning track record and a reputation as an outstanding criminal defense attorney, Mr. Tafelski has been named as one of the top lawyers in Michigan by SuperLawyers in 2011-2013 and 2017-2021 and Leading Lawyer in 2017.
The National Coalition of Domestic Violence reports that in Michigan alone, 36.1% of women and 25.8% of men will experience some form of intimate partner abuse in their lives. Consequently, law enforcement has cracked down on domestic violence in Michigan.
But as experienced Michigan domestic violence lawyers, we also know that many of these charges result from minor altercations where one partner has called the police in order to control the situation. Unfortunately, once law enforcement is involved, an arrest is usually made, and it is treated as a serious crime with equally serious consequences. Depending upon the facts of your case, we can often mount an effective defense or resolve the matter without a conviction being placed on your record.
To schedule a free evaluation of your case and learn more about our legal services, contact us today at (248) 451-2200.
Under Michigan Penal Code § 750.81, domestic violence is considered a form of assault and battery. Specifically, it concerns the assault and/or battery on people you have or have had close or intimate relationships with, such as:
An assault is defined as placing someone in fear of harm. Consequently, if you have put someone in fear of harm, you could be accused of domestic violence even if you haven’t touched them. Battery occurs when the assault is actually carried out, and contact is made with the accuser. While most people assume that battery must be forceful, with the victim being injured, any unwanted contact can be seen as battery in the eyes of the law. The legal definition is whether the touching was harmful or offensive. Therefore, many of these cases result from someone merely grabbing another person momentarily, shoving someone or a single slap.
In addition, Michigan Statutes § 400.1501 specifically broadens the definition of domestic violence. Someone may be charged with domestic violence if they:
At Michigan Defense Law, domestic assault lawyer Paul J. Tafelski and our team of skilled criminal attorneys are ready to help you through the entire process. You don’t have to fight alone.
To schedule a free consultation, contact us now at (248) 451-2200.
One of the unfortunate aspects of domestic violence is that it is considered so dangerous and serious that, over the years, state governments have reduced some of the rights of the accused to protect the accuser. In Michigan, law enforcement officers can make arrests with no warrant as long as they have reasonable cause. In most cases, reasonable cause is based only on the testimony of the accuser.
Consequently, when a partner can obtain an arrest with relative ease, innocent parties can get charged with domestic violence. When this happens, the person being accused has no choice but to follow the instructions of the officer and get the representation of a domestic violence lawyer as soon as possible. At Michigan Defense Law, criminal lawyer Paul J. Tafelski and our team of experienced domestic assault attorneys have dedicated our careers to the skilled legal representation of those who have been charged with a crime.
Contact us at (248) 451-2200 for a no-cost consultation.
In most cases, once charges have been formally made, the court will issue a no-contact order. If you have been charged with domestic violence, this will prohibit you from having any contact with the accuser until you have been proven guilty or innocent. If you have children together, this order may allow further instruction for any exchange of the children.
Your accuser may request a personal protection order from the court. This allows the accuser an enforcement measure even if no charges have yet been filed. A personal protection order may be sought if the accuser feels you may:
In order to obtain a personal protection order, your accuser must present enough evidence to prove that you are a threat. Once a personal protection order is issued, you will have 14 days to file a motion to modify or terminate it. The court will hear your case, where you and your Michigan defense lawyer can present your own evidence proving you are not a threat.
Even when you feel the domestic violence charges are unfair or unfounded, you must obey these orders closely. Punishment for violation can be serious and can even involve jail time. This is not the time to take matters into your own hands. Founding attorney Paul J. Tafelski and our team of skilled domestic assault attorneys bring a comprehensive understanding of the ramifications of convictions combined with a practical approach to resolving cases in the best possible way. Call the experienced Michigan domestic violence lawyers at Michigan Defence Law to help protect your rights and guide you through the legal process if you have been accused of domestic violence.
To schedule a free consultation with criminal lawyer Paul J. Tafelski or any of the knowledgeable criminal attorneys at Michigan Defence Law, contact us today at (248) 451-2200.
There are often many defenses available to your domestic violence charges. Your lawyer may demonstrate that you acted in self-defense. In the case of a false accusation, domestic assault lawyer Paul J. Tafelski and the experienced domestic violence attorneys at Michigan Defense Law will demonstrate why the accusations are false and the motivations behind them. As in any type of criminal case, the prosecutor must prove that you are guilty of the charges beyond a reasonable doubt. Any inconsistencies or gaps in testimony can create doubt and enable you to get a favorable verdict.
A domestic violence conviction can have a significant impact on your reputation, your career, and even your freedom. Don’t leave this to chance. Criminal defense attorney Paul J. Tafelski and our team of skilled criminal lawyers at Michigan Defense Law are ready to help our every client.