A Powerful Reason to Hire a Criminal Defense Attorney to Fight Your Domestic Violence Charge

As I have written many times before, a domestic violence charge is nothing more than an assault or assault and battery charge that is given an especially gruesome name based on the alleged victim being the accused's spouse, former spouse, partner, former partner, someone you have a child with, or someone with whom you may have an expectation of romantic involvement.

Legally speaking then, domestic violence basically means that you either 1) intimidated someone into thinking that you were going to hit them or touch them in an offensive way; 2) attempted to hit or touch someone in an offensive way; or 3) did hit or touch someone in an offensive way. That's it. Depending on the circumstances, you can be convicted of domestic violence simply because your accuser says that you scared him/her into thinking you were going to give them a hug they didn't want. One thing is constant is that it always relates to some form of touching or threatened touching.

Here is a big problem: We all expect our law enforcement officers who respond to accusations against us to know the law, right? Otherwise, how can we trust them to make the right decision and not arrest us just because we are accused? The answer is, you can't. Thus, you may be upset that the Michigan State Police official website claims that:

"[d]omestic violence is a pattern of learned behavior in which one person uses physical, sexual, and emotional abuse to control another person."

What is more, despite the fact that the family-like relationship between the accuser and the accused IS what makes something a domestic violence charge (i.e. rather than a simple assault or assault and battery charge), the State Police go on to say that "[d]omestic violence is not a family matter."

Even more disturbingly, the State Police claim that domestic violence includes "[m]anipulat[ing] with" lies and contradictions," as well as "controll[ing] all the finances."

This is an OUTRAGE! These things are sooooo far from the legal definition of domestic violence that they don't even come close. Yet the police who come out to investigate whether to arrest you when you are accused of domestic violence are apparently being coached that domestic violence is as simple as allegedly lying or contradicting yourself! How can we trust that the police have made the right decision when our future is on the line? Not to mention, if you are arrested for domestic violence, let's say, over the weekend, you can't get out of Jail until the Judge or Magistrate sets your bond!

I, Brian J. Prain, as a human being who has dedicated my life to challenging the powers that be for their transgressions upon us, find this personally offensive. The police ought to understand the correct, legal definition of the crimes that they arrest the accused for. If you feel that you have been falsely accused of domestic violence, hiring a Michigan criminal defense attorney who understands these subtleties because they specialize in handling domestic violence cases is critical to protecting your future.

Only a competent cross-examination by a knowledgeable Michigan criminal defense lawyer will bring these facts to light as you face your domestic violence charge.


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Prain Law, PLLC is focused only on the types charges featured on our website. This helps us deliver the decisive, effective advocacy for which our clients know us. We only serve individuals currently under investigation or who have a current case pending in court. Our firm does not represent injury victims, defendants who have already taken a plea or have been sentenced, or those seeking to expunge a criminal record. We do not respond to anyone who is not involved in a pending investigation or who has a court case for a type of charge we do not handle, but we wish you the very best of luck.