Michigan Domestic Violence Defense Lawyer Explains the Definition of Domestic Violence in Michigan . . .
If you are facing a Michigan Domestic Violence Charge, you should immediately contact Prain Law, PLLC, your Michigan Domestic Violence Lawyer. We concentrate on defending you against Domestic Violence charges. Not to mention, you need to know the Michigan Domestic Violence definition. Here is how the definition of Domestic Violence:
First, Domestic Violence in Michigan is defined as an Assault or an Assault and Battery upon one of the following individuals:
- Your spouse;
- Your former spouse;
- Someone you have a child in common with;
- Someone you live with or used to live with; or
- Someone you have or used to have a "dating relationship" with.
Now, let's just define a few terms and you're on your way to understanding the definition of Domestic Violence in Michigan (Domestic Assault) is.
A Battery is a forceful, violent, or offensive touching of another person or an item closely connected with him or her, including their clothing, purse, or even the vehicle they are inside. A Battery (and therefore a Domestic Violence) must be intentional and does not include anything that is an accident. Finally, it must be against the other person's will. If the alleged victim consented to the touching, it is not a Battery.
An Assault is when one person attempts to commit a Battery on another, or an act that would cause a reasonable person to feel in danger of an immediate Battery. The defendant must have intended either to commit a Battery or make the alleged victim feel in danger of an immediate Battery. Like a Battery, an Assault (and therefore a Domestic Violence) cannot happen by accident. At the time of the alleged Assault, the defendant must have had the ability to commit a Battery, must have appeared to have the ability, or must have thought theyhad the ability.
As you can see, the Michigan Domestic Violence definition is really that of an Assault or an Assault and Battery. The difference is who the alleged victim is - it is always someone who the accused has had a family or home-type association with at one time or another.
If you are facing a Michigan Domestic Violence charge, now that you know the Domestic Violence definition, know that you are also facing up to 93 days in Jail, up to a $500 fine, and a permanent public record containing the word "violence" under your name. Under certain circumstances, a Michigan Domestic Violence charge can carry a sentence of up to 1 year in Jail. A Michigan Domestic Violence charge can also be a Felony with a sentence of up to 5 years in Prison.
If you are facing a Michigan Domestic Violence charge, call Prain Law, PLLC, your Michigan Domestic Violence Lawyer at (248) 731-4543. You'll get an absolutely free face-to-face consultation. We have never had a client facing a Domestic Violence charge go to Jail. Why not call us right now?