20 Years Ago, When one partner called the Police, they would comer and tell you to cool it.
Now someone goes to jail and that same someone needs an experienced, affordable, and aggressive lawyer
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.
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.
A Personal Protection Order is a semi-criminal 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.
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.
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.
1st conviction-a misdemeanor with up to 93 days in jail and/or $500 fine
2nd conviction-a misdemeanor with up to 1 year in jail and/or $1,000 fine
3rd or more convictions-a felony with up to 2 years in prison and/or $2,500 fine
1st conviction-a misdemeanor with up to 1 year in jail and/or $1,000 fine
2nd conviction-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 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.
Law Office of James G. Schmier, PLLC
2222 Attard Street, Birmingham, Michigan 48009
Tel: (248) 705-3742 FAX: (248) 540-0044 Email: firstname.lastname@example.org