Domestic violence is no small matter in Michigan. It can be an escalating issue if you take it for granted. Domestic violence is important because somebody who’s charged with domestic violence not only has to deal with the criminal aspect but also has to contend with the impact on child custody proceedings. What to do if you’re charged with domestic violence for the first time.

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In Michigan, Domestic violence is a huge issue in family law in the state of Michigan. Domestic violence is important because somebody who’s charged with domestic violence not only has to deal with the criminal aspect but also has to contend with the impact on child custody proceedings.

The existence of domestic violence is one of the main considerations the court evaluates when deciding where a child should stay. Clearly, in a situation where all things are equal, domestic violence is a factor considered in court determinations. Domestic violence can weigh against the person who has this issue in the household.

The court will most likely award custody to the other party if one of the parties has a history of domestic violence.

So you have to be very careful.

What are the two reasons you should have your domestic violence case dismissed?

Anyone can be a victim of domestic violence. It affects any age, color, gender, or social class. It involves spouses or ex-spouses, domestic partners who live together or apart, dating or separated couples, parents, or children. Numerous offenses fall under the broad heading of domestic violence.

Here are two good reasons why you have to get your domestic violence case dismissed.

Number one: You might have a criminal record coming out of the domestic violence charge.

To appreciate the severity of a domestic violence charge, take note of the penalties defined by statutes.

First-time offenders face up to 93 days in jail and a $500 fine for a misdemeanor offense. A second infraction is likewise a misdemeanor, punishable by up to a year in jail and a $1,000 fine.

If you have been convicted of domestic assault and battery at least twice before, your third crime is treated as a felony, punishable by up to five years in prison and a $5,000 fine.

Your arrest, court proceedings, and penalties will create a paper trail you cannot easily hide from public scrutiny. It is a record. A bad one. You have to either avoid a situation where you can be charged with domestic abuse or find a way to expunge records detailing the charge of domestic abuse.

Domestic violence charges can be an issue you will have to face later. Get the best legal advice and defense if you are charged with domestic violence. Reason number two will explain why.

Number Two: You never know the possible implications on other aspects of your life.

It may have an impact on another case, other children, or on your active custody proceedings. It may impact job issues depending on what kind of profession you have.

When domestic abuse happens, serious repercussions follow. Criminal violations may result in jail time or fines. It can also mean no-contact orders, which may compel the offender to leave the family home or forbid contact between a parent and their child.

A restraining order may be issued against you to prevent you from hurting the victim.

When there is a reasonable suspicion of domestic violence, the court will impose a restraining order prohibiting the abuser from contacting the victim directly or indirectly. The prohibition can be by phone, text, email, letters, or other means. Any violation of such restraining measures, whether the victim initiates the contact or not, is prohibited and punishable by incarceration.

It is frequently your spouse who is accusing you. It effectively prevents you from seeing your kids.

A domestic violence restraining order may also affect other civil liberties. If your employment is in security, this can jeopardize your right to carry a firearm and prohibit you from carrying out your responsibilities. For example, a domestic abuser cannot purchase or possess a pistol under the provisions of the Brady Bill.

What to do with your first offense domestic violence case?

In all likelihood, in a domestic violence accusation, the spouse initiates the action as the accuser. The goal or outcome you should talk about with your attorney is dismissal.

Validate the accuser’s resolve to pursue the case.

The wife frequently decides to keep the marriage together. She has no desire to bring charges against her husband. She makes up her mind that she will not go to court. She will not be offering evidence against him. She refuses to take part in the legal battles in court.

Sometimes those involved in domestic disputes decide to recant their claims. They have the option of contacting the prosecutor and requesting the dismissal of the domestic abuse charges. Despite the request for the domestic abuse charges to be withdrawn, expect the prosecution to continue with the case.

Refute witnesses to the case.

The victim’s claims of being assaulted provide the basis for the majority of accusations of domestic abuse. The majority of victims of domestic violence do not suffer injuries, and rarely is domestic violence done in plain view of witnesses. According to Michigan law, a victim’s testimony alone qualifies as evidence. It is sufficient for a conviction, provided the jury has no reasonable concerns about it. Lawyers refer to this as “he-said-she-said.”

If dismissal is the goal, your attorney will concentrate on contesting the testimony of the witnesses. Your attorney will investigate the motive of the accuser or witnesses thoroughly. Your attorney will attack the false claims leveled by the accused, for example, by pointing out that they were making it up to get an edge in a divorce or child custody case.

The appropriate witnesses will be able to refute the testimony of the witnesses testifying against you. It is another approach to having a domestic violence case dropped.

Attack the evidence presented.

Your lawyer can challenge the evidence if a no-show defense is not an option. It is crucial to preserve all evidence in criminal proceedings for crimes involving domestic abuse before it is lost. Eyewitness stories, 911 tapes, and police dispatch tapes may all be examples of this. One small detail that casts doubt on the accuser or draws attention to an error can be all that stands between the accused and acquittal or conviction.

Your attorney will examine the evidence and decide how to approach, pierce, and eliminate it as a tool against you. Together you and your attorney will ensure that all necessary and pertinent information is documented, preserved, and made available for the trial.

A capable lawyer is knowledgeable about the legal system. Your attorney has established relationships with judges and prosecutors and has a solid understanding of what it takes to protect crucial evidence. Present a compelling argument, and defend your rights.

Talk to your attorney about the Spousal Abuse Act (SAA).

A deferral program is available to some people in Michigan charged with a first-time domestic violence felony. If you meet the requirements, you may be able to negotiate a plea deal in Michigan that might see the case dropped. This deal is allowed by MCL 769.4a, also known as the Spousal Abuse Act (SAA).

The judge will postpone passing judgment on your guilt if the victim, prosecutor, and judges concur on admission into the deferral program. You’ll be on probation instead.

Not all those accused of domestic violence are eligible for the deferral program or the provisions of SAA. People convicted of a similar offense can avail of this deal. A prior judgment for a deferred domestic violence offense will disqualify you from availing of the provisions of SAA. This program can only be used once by those first-time offenders charged with domestic abuse.

Domestic abuse convictions are expungable in Michigan. Additional conditions, however, must be met. The prosecution will also make an effort to contact them to gain the victim’s insight into the defendant’s request for expungement,

The judge may grant the expungement even if the victim objects if they believe the criminal deserves a second chance and that doing so is best for the community.

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Goldman & Associates Law Firm is here to with information about Child Custody and Divorce in the State of Michigan.