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A domestic violence charge can hit you out of nowhere, sometimes after an argument that got loud but never should have ended in handcuffs. Suddenly you cannot go home, you cannot see your kids, and you are wondering how one bad night turned into a criminal case. Take a breath, because how you handle the next few days matters.
By Nicholas Somberg, founding attorney at Somberg Law, PLLC in Pontiac, Michigan. Licensed by the State Bar of Michigan.
What Michigan actually calls it
In Michigan, what most people call domestic violence is usually charged as domestic assault, which generally means an assault or an assault and battery against someone you have a domestic relationship with, like a spouse, former spouse, someone you are dating or have dated, someone you share a child with, or someone who lives with you or used to live with you. A first offense is often a misdemeanor, but prior offenses and the specific facts can raise the stakes quickly.
The no-contact order can upend your life fast
One of the first things that usually happens is a condition of bond that tells you to have no contact with the alleged victim, even if that person is your spouse and even if they do not want the case pursued. That can mean you cannot go back to your own house. Violating a no-contact order is a serious problem on its own, so it has to be taken seriously from day one.
It can affect your gun rights
A domestic violence conviction can carry consequences beyond the sentence itself, including effects on your ability to possess firearms under state and federal law. That is one of the reasons these cases deserve real attention rather than just pleading to get it over with.
The alleged victim cannot just drop it
A lot of people think that if the other person does not want to press charges, the case goes away. It does not work like that. Once the state is involved, the prosecutor decides whether to go forward, not the alleged victim. That surprises people, and it is one more reason to have a lawyer who deals with these cases.
Do not try to fix it yourself
Do not call the other person to talk it out, and do not assume it will sort itself out. Talk to a defense attorney first. There are sometimes options for first-time situations that can protect your record, but they depend on the facts and on getting in front of it early.
Do not face it alone. Call me at (248) 270-5979 or start a free case review, and let’s talk about your situation.
Attorney Advertising. This post is general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship, and no result is ever guaranteed. Every case is different, so talk to a licensed attorney about your situation.
