Detroit & Michigan Domestic Violence Lawyer

What is considered domestic violence?
Domestic violence is any violent behavior used by one person in a relationship to control the other. Partners may be married or not married, living together, separated, dating or just having a child in common.

What is considered assault and battery?
An assault is not actually touching someone but threatening someone with a battery. A battery is defined as a harmful or offensive touching. Gestures such as raising your fist at someone like you are about to hit them is considered an assault and battery. If a domestic relationship as defined above is involved, it is considered domestic violence.

Does a Personal Protection Order against me mean I have a criminal record?
A Personal Protection Order is a civil matter and will only remain on your record for one year unless the person who requested the PPO against you asks the court to extend it. If there is a violation of the PPO or a conviction, such as a charge for assault, it is a criminal matter and there will be a criminal record of that conviction.

What happens if someone violates a PPO?
If you violate a PPO you may be arrested. If a police officer is called to a home and the PPO was issued against you being near that home and you are at that home, the officer can make an arrest without a warrant if he has probable cause to believe you are violating the PPO and represent a threat.

What happens if the police are called to respond to domestic violence?
If the police are called they will take you or the other party to jail. Where in many instances the police can set an interim bond and release someone before arraignment, Michigan law requires a person to go before the magistrate before a bond can be set. That means if you are arrested at night, you will spend the night in jail. Generally, when you appear before the magistrate at the arraignment, a no contact order will be imposed. This means that if you and the victim are living together, one of you will be moving out. After the arraignment a pretrial date will be set, and at that time you can either take your case to trial or make some sort of plea deal with the prosecutor. At that time, the judge may lift the no-contact order as long as the victim agrees and the judge feels that the threat of further violence has passed

What are the penalties for domestic violence?
Michigan classifies Domestic Violence as a simple assault or an aggravated assault. If considered aggravated, the victim must have serious injuries that require medical care.
Domestic Violence and Assault where there is no injury:
  • 1st conviction is a misdemeanor with up to 93 days in jail and/or $500 fine
  • 2nd conviction is a misdemeanor with up to 1 year in jail and/or $1,000 fine
  • 3rd or more convictions is felony with up to 2 years in prison and/or $2,500 fine

Aggravated Domestic Assault where there is injury requiring medical care:

  • 1st conviction is a misdemeanor with up to 1 year in jail and/or $1,000 fine
  • 2nd conviction is a felony with up to 2 years in prison and/or $2,500 fine

If this is a first charge for Domestic Violence there is a diversion program for first time offenders. This usually includes probation, anger management, drug or alcohol testing, and fines and oversight fees. If you successfully complete probation, the charge against you will be dismissed. However, you only get one bite at this apple. If this is your second charge, besides jail time if imposed, you also will likely face probation with the same conditions. If this is misdemeanor, probation can be imposed for 2 years. If this is your third offense, probation can last up to five years.

If you have a weapon, you can be charged with felonious assault.
If you assault someone with a weapon such as a gun or knife you can be charged with felonious assault. A felonious assault is an assault without the intention of actually using the weapon but used with intent of scaring them. The penalties for felonious are quite severe and you could face prison time for up to 4 years.

If you are charged with domestic violence or any other assaultive crime, an attorney who understands the laws may be the best investment you will ever make. Faced with jail or prison time, this is not the time to go it alone. Retaining an attorney to fight against a charge of Domestic Violence can mean the difference between having a clean criminal record or not.

The Law Office of James G. Schmier, PLLC is a Criminal Defense, Drunk Driving DUI and Family Law and Divorce law firm and provides legal representation in Wayne County, Oakland County, Macomb County and throughout Michigan including these Michigan cities:

Macomb County

Armada
Centerline
Chesterfield Twp.
Clinton
Eastpointe
Fraser
Harrison
Lenox
Macomb
Memphis
Mt. Clemens
New Baltimore
New Haven
Richmond
Romeo
Roseville
St. Clair Shores
Sterling Heights
Shelby
Utica
Warren
Washington

St. Clair County

Port Huron
Capac
Saint Clair
Algonac
Keewahdin
Marine City
Emmett
Yale

Washtenaw County

Ann Arbor
Ypsilanti
Chelsea
Saline
Manchester
Milan
Dexter

Ingham County

Lansing
East Lansing
Williamston
Webberville
Stockbridge
Meridian Township
Danville

Oakland County

Auburn Hills
Addison Twp.
Berkley
Beverly Hills
Bingham Farms
Birmingham
Bloomfield
Bloomfield Hills
Brandon Twp.
Clarkston
Clawson
Commerce
Farmington
Farmington Hills
Ferndale
Franklin
Groveland
Hazel Park
Highland
Holly
Huntington Woods
Independence
Keego Harbor
Lake Angelus
Lake Orion
Lathrup Village
Lyon Twp.
Madison Heights
Milford
Novi
Novi Township
Oak Park
Oakland Township
Orchard Lake
Orion
Ortonville
Oxford
Pleasant Ridge
Pontiac
Rochester
Rochester Hills
Royal Oak
Southfield
South Lyon
Springfield
Sylvan Lake
Troy
Walled Lake
Waterford
West Bloomfield
White Lake
Wixom
Wolverine Lake

Wayne County

Allen Park
Belleville
Brownstown
Canton
Dearborn
Dearborn Heights
Detroit
Ecorse
Flat Rock
Garden City
Gibraltar
Grosse Isle
Grosse Pointe
Grosse Pointe Farms
Grosse Pointe Park
Grosse Pointe Woods
Hamtramck
Highland Park
Huron
Inkster
Lincoln Park
Livonia
Melvindale
Northville
Plymouth
Redford
River Rouge
Riverview
Rockwood
Romulus
Southgate
Sumpter
Taylor
Trenton
Van Buren
Wayne
Westland
Woodhaven
Wyandotte

Call for a No Cost Initial Consultation
The Law Office of James G. Schmier, PLLC
Criminal Defense, Drunk Driving DUI Defense and Family Law Divorce Attorney
(248) 705 3742