Domestic Violence: What They Have to Prove to Convict You

Michigan Domestic Violence Lawyer Explains the "Elements" of a Michigan Domestic Violence Charge.

As a Michigan Domestic Violence Lawyer, I specifically concentrate on defending those accused of Domestic Violence in Michigan. If you were to ask the average person (or even the average criminal defense attorney) exactly what "Domestic Violence" means under Michigan law, you would likely get a wide range of responses, none of which may be correct. In truth, a Domestic Violence charge is a variation of an Assault and Battery charge. As a Domestic Violence Lawyer, it has been my pleasure to successfully defend many Michigan citizens accused of this crime. Through my experiences in defending Domestic Violence cases, I have learned that the best way to define "Domestic Violence" for regular people is to use the definition that is given to regular people - the standard Domestic Violence Jury Instruction that Jurors receive when a client takes their case to trial. Here are elements of Domestic Violence, EACH of which must be proven beyond a reasonable doubt:

1) that you assaulted or assaulted and battered the alleged victim of the Domestic Violence.

2) "battery" is forceful, violent, or offensive touching of a person or something closely connected with them. This touching must have been intended by you, that is, not accidental, and it must have been against the will of the alleged victim.

3) "assault" is an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery. You must have intended either to commit a battery or to make the alleged victim reasonably fear an immediate battery. An assault cannot happen by accident. At the time of an assault, you must have had the ability to commit a battery, or must have appeared to have the ability, or must have thought you had that ability.

4) at the time, the alleged victim of the Domestic Violence was related to you in one of the following ways: your spouse, former spouse, someone you have a child in common with, a resident or former resident of the same household as you, or a person who had or previously had a "dating relationship" with you. A “dating relationship” means frequent, intimate association primarily characterized by the expectation of affectional involvement. It does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.

There it is, Domestic Violence in Michigan. You should notice (as any Domestic Violence Lawyer would tell you) that absolutely NO touching is required for you to be guilty of the Domestic Violence charge. But there are many possible defenses that can get you a NOT GUILTY, even if all of the above elements are present in your case! The bottom line is, if you are facing a Domestic Violence charge in Michigan, you should immediately call a Michigan Domestic Violence Lawyer. At The Law Office of Brian J. Prain, PLLC, we concentrate on these very cases. The call is free and confidential. So is the sit-down consultation. We have never had a client charged with Domestic Violence go to Jail! Why risk it? You have nothing to lose and everything to gain. Call us immediately at (248) 731-4543. There are general criminal defense attorneys, and there are those that concentrate on being Domestic Violence Lawyers. Which one would you rather have defending you?


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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.