Assault and Battery: Who is Victim in Mutual Fight?

There are many instances when a mutual fight breaks out between two individuals, leaving some to wonder just who the “victim” is in the Assault and Battery or Domestic Violence case. Domestic violence is a serious crime committed against the individual and the community. Due to the reality that domestic violence can result in the death of an individual, every response to a domestic call must be treated the same as any other crime against a person.

(Related: Aggravated Assault: How to Choose a Good Attorney)

Typically, when police respond to a domestic violence or assault and battery complaint, the individual who called the police is the “victim”. All responses to a domestic call will include a subsequent investigation of the incident which will consist of collecting background information, physical evidence including pictures, clothing, and statements from direct and indirect witnesses. During this process the police may consider if each person used reasonable force in self-defense, but typically the first person to call the police will be considered the victim while the other individual will face criminal charges.

The purpose of this domestic violence policy is to provide officers and support personnel with clear definitions, direction, and guidelines for providing and promoting a consistent, effective response to domestic violence crime.

(Related: Assault and Infliction of Serious Injury in Michigan)

Domestic violence charges are accompanied by a lot of social stigmatism, and many police departments and prosecutor’s offices have created special domestic violence units to convict you by public opinion. Depending on your location, the prosecutor’s office may actually bring a “Special Attorney” into Court just to intimidate you. Don’t allow society’s illusion about domestic violence charges become your reality. The right domestic violence attorney understands these realities and is prepared to expose the issues and bring you the justice you deserve.

Brian J. Prain is an aggressive, hardworking, no-holds-barred Michigan criminal defense lawyer who spends every day fighting for everyday people who have been accused of wrongdoing.

Prain Law, PLLC is a Michigan criminal defense law practice that distinguishes itself from the crowd with its commitment to uncovering and exposing the crucial details in your assault, assault and battery, or domestic violence case that other Michigan criminal defense lawyers either completely miss or simply believe unimportant. Contact us immediately at 248-763-0641 for a free case evaluation.


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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.