Domestic abuse was reported to the police by a spouse. The spouse had no intention of getting the other spouse in trouble. You called the cops for domestic violence but didn’t intend to get your spouse in trouble. A criminal case exists when domestic violence is alleged. In other words, it’s not you versus your spouse. It’s the state of Michigan versus your spouse.
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A criminal investigation will begin as soon as you use the police as leverage in a domestic dispute. Crime and punishment are what the police specialize in. You won’t have much influence over what happens next after the police arrive. It differs from filing a dismissal in a lawsuit against someone. Calling the police for a domestic dispute needs to be done with caution. What happens cannot be undone.
What is domestic violence?
Domestic violence is a pattern of learned behavior in which one person controls another by abusing them physically, sexually, or emotionally. Domestic violence is any violent act committed against the following:
[ a ] A current or past partner.
[ b ] A person you are or were dating.
[ c ] A person you have a child with. Or,
[ d ] A person you are or were living with.
Allegations of domestic violence typically begin in one of two ways. The police were either summoned to your home as a result of a domestic quarrel. Or the putative victim submitted a Personal Protection Order (PPO) request.
If found guilty of domestic violence, you might face harsh penalties. 93 days to 2 years in prison, $500 to $1,000 in fines, probation, and restitution.
If you have previously been convicted of domestic abuse, you might be sentenced to up to 5 years in prison. You can get a $5,000 fine, up to 5 years of probation, and restitution.
People charged with domestic abuse have fewer rights than those accused of other crimes. The government views it as a serious offense. Police can make an arrest in a domestic abuse case simply on the basis of the accuser’s allegations. The criminal act does not have to have been seen by the police.
Prosecutors can use past criminal behavior to establish guilt during a trial. Including violent outbursts. A great number of innocent people are charged with domestic violence and found guilty.
What happens when your spouse dials 911 and calls on the police for domestic violence?
This is what will happen if you dial 911 to call the police for domestic violence on your spouse. When the police are notified, they will detain your spouse. They will be filing domestic violence charges against your spouse. Most of the time, it is helpful because it keeps the victim safe. Here’s the problem. The caller or you will find it difficult to stop your spouse from being accused and jailed. You reported your spouse committing domestic violence.
You lose a lot of control over what occurs after the cops become involved. The police will come to your home. Charge your spouse with domestic abuse. Take your spouse away to jail.
The police are not your marriage counselors. They are there to protect and serve. They focus on crime and punishment. Domestic violence is a crime. A serious one. Most individuals are unaware of this. Someone will most likely be arrested if a domestic violence call is made.
Many people believe they should be able to dismiss a domestic violence charge. Thinking they initiated the reporting themselves. That is not true. It is the people of Michigan suing the defendant in a domestic violence case. You have absolutely no power to get the case dropped.
The offender may even be required to comply with a no-contact order. A no-contact order forbids your spouse from visiting your and your children. It can be impossible for the defendant to contact you by phone or in person. It might even affect their capacity to work. Before calling the police, you should be certain that you want the other person out of your life.
The court can continue with the case without the victim. The phone call and police report provide more than enough supporting evidence. In most cases, the case will fall apart and not proceed if the victim doesn’t show up. This does not imply that if you skip court, everything will be all right.
The prosecutor can still require you to appear in court to testify. It will be expensive and time-consuming to seek an attorney. Avoid the inconvenience of calling the police and retaining legal counsel. Remember this before you dial 911 for domestic violence. Someone will probably be accused of domestic violence and thrown in jail.
What happens to you if you are facing a domestic violence charge?
Arguments are common in all relationships. When they turn violent and escalate, most people feel compelled to call the police. It can help defuse the situation and perhaps even find a solution.
The first step in any circumstance when you are in immediate danger is to call 911. You can also seek out refuge or advice in the nearest domestic violence program or domestic violence shelter. You have to remove yourself from an abusive environment immediately. You need to develop a safety plan to exit the abusive relationship.
What happens if you’re the one being reported to the police? You need to be aware and imagine what will happen next once the police arrive. What the police knows is that an alleged crime or attack is being reported. The crime is committed against a family member or intimate partner.
This is how your alleged domestic violence situation is going to unfold.
[ 1 ] All reports of domestic abuse must be looked into by the police.
[ 2 ] Your attorney will verify if the police satisfied the requirement for an arrest. The police will try to find “probable cause” to arrest or charge you with domestic assault.
[ 3 ] A fact sheet about the victim’s rights will be given to your spouse who reported the incident.
[ 4 ] Regardless of whether an arrest was made, police will report the incident. They will send the report to the prosecutor.
[ 5 ] Which charges to press is up to the prosecutor. They may opt to omit or increase fees. Your attorney may try to get the charges dropped or reduced depending on the situation.
[ 6 ] You will be accused of a crime and arraigned if the prosecutor decides to proceed with the case. In the district court, a bond will be set. The court will determine how much bond you will be required to post based on the following:
[ a ] The seriousness of the accusations.
[ b ] Your criminal and personal history.
[ c ] Your threat to the public’s safety. And,
[ d ] Whether you are deemed a flight risk.
A reduced bail may be requested by your attorney.
[ 7 ] A felony or misdemeanor charge may be brought for domestic violence. The court will then schedule your case for a pretrial hearing. You will likely be facing misdemeanor charges of assault involving domestic violence. You have three options for your plea: guilty, not guilty, or no contest. You can also choose to remain silent, which counts as a not-guilty plea. A trial date could be scheduled. The best course of action will be suggested by your attorney.
[ 8 ] If you are charged with a felony, the district court may conduct an initial review. It will determine if the matter should be transferred to the circuit court.
[ 9 ] If you enter a not-guilty plea, a trial could take place in the circuit court for a felony charge. Or it will be tried in a district court if the accusation is a misdemeanor.
[ 10 ] You risk penalties and jail time if you are found guilty or plead guilt. Or have your case dismissed. The judge will proceed with sentencing you. Your attorney will of course fight for the least severe punishment possible. They might be able to negotiate a deferred sentence for you if this is your first offense.
You are released if you are found not guilty or if the charges are dropped.
What can you do if you are a victim of domestic violence?
Calling the police should only be done when absolutely necessary. You don’t want your spouse or significant other to face charges of domestic violence. Your spouse can avoid jail time. Calling the police is one option among many. The police are not the people you should call. Most of the time, you only need the other person to get counseling and speak with a professional. The job of the police is to protect and serve, not to resolve your relationship issues.
Here’s how you can help yourself if domestic violence is imminent or ever-present:
[ a ] Be knowledgeable about domestic violence.
[ b ] Let go of any notions that there is a “quick remedy” for domestic violence. Or, the challenges you are experiencing. Recognize that at any particular time, “inaction” could be your best safety measure.
[ c ] Find an ally who believes in you and tell your story. Check if your ally truly understands how you are feeling.
[ d ] Avoid blaming yourself. It is not your fault.
[ e ] Take your fears seriously. It may just save your life.
If you think domestic violence is imminent try to de-escalate the situation the best way you know how. Sit your spouse down and have a conversation to defuse the issue or conflict. Give your spouse some room to breathe and gather ideas. Things will only grow worse if both parties are angry.
Call the police right away if things do get out of hand and there are serious problems and things go too far.
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