How Will Spousal Support Abuse Affect Child Custody?

What happens if there are claims of spousal abuse, and how will spousal support abuse affects child custody, is a query that has been addressed to us. One would believe that questions about spousal violence have no bearing on children. To put it another way, just because someone accuses someone of pushing them or hitting them doesn’t mean they’re a horrible parent.

Circumstantial basis of spousal support abuse that affects child custody In Michigan

What you should know is that the presence of domestic violence in the household is one of the factors examined in a custody case by a court in Michigan. It doesn’t matter whether or not there is domestic violence directed at the children. The basic rule is that if the children are being raised in a home where domestic violence is directed at anyone, it is not a healthy example for them to learn from, and this has an impact on how we consider the custody criteria.

Domestic spousal support abuse does not involve the child in custody

So, even if the children were not the victims of domestic violence, there is still domestic violence and hassle since the mother repeatedly hit the father with a frying pan. Or the situation shows otherwise, except that the child in custody is not physically hurt nor indirectly attacked. In other words, the abuse happens between the couple. They may readily argue that there is domestic violence and hassle. And that all else being equal, the evidence favors one side over the other because the other has a little bit of anger management, a temper problem, or a violent problem.

Court decision on spousal support abuse affecting child custody

This situation impacts the entire custody decision in this case and others like it. Usually, both parents are evaluated through the help of attorneys as to who is a suitable party that protects the interest of the child to be in custody. Otherwise, if both parents are proven incapable of giving a child a healthy environment, other measures will be taken into consideration.

In Michigan, how to overcome spousal support abuse affecting child custody with family law experts?

The difficulties that come with dealing with a family law or divorce situation can be enormous, and it can be a very stressful period. However, if you are dealing with a family law issue, it’s vital to remember that the experience of our Michigan family law experts can help you move your case forward in the most cost-effective way possible.

If you’re in that situation or you think you might be on either side of that phenomenon might have that coming before you in the litigation, of course, the best course of action is to ask help from a family lawyer. Then discuss more how will spousal support abuse affects child custody.

Goldman and Associates Law Firm has a primary focus on family law with the sub focuses on criminal law and injury work. Do you have any queries in that regard? Or do you want to see some more interesting information about that case? Contact a family law attorney throughg (248) 590-6600 or scheduling an appointment through our online form. You may also visit our official page.

How Can We Help Clients With Disabilities in Divorce and Custody

You might wonder how clients with disabilities impact his/her ability to get divorce or custody. Moreover, one might also ask regarding up to what degree can either the condition be a privilege or disadvantage. Just because a client has a disability, your divorce or custody case will not be treated any differently. You should be aware of this because of federal regulations that prohibit discrimination or biases based solely on the fact that someone has a disability.

No exemption or unjust privileges

As it was mentioned that there is no exemption or unjust privileges following that of you or your partner are either or both having disability. You have the same right and the responsibility to go before the court and ask for a divorce following due process. You should either request the preservation of your marital rights/ support (alimony) or whatever terms that is acceptable and just.

Taking Custody of a Child in Michigan

As for taking custody of a child, the court believes and orders a resolution favoring what is the appropriate custody. Still, being in a state of disability does not mean advantage nor reason to lose custody. For example, it is in the best interests of the minor child to give you full custody or to share custody with you. The court can allow it and neither of the parties can question the decision.

You can be favored whether or not you have a disability.

This is true. However, if the court believes that you are unable to satisfy the needs of the child due to your impairment, the court has certain discretion and can impose specific precautions to ensure the kid’s safety. It’s important to remember that in a custody dispute, it’s not so much about satisfying the needs of the parents as it is about addressing what’s best for the young child.

If you wish to be enlightened more about these cases of clients with disabilities, do not hesitate to reach out to us. We’ll be happy to provide you with immediate assistance in this regard.

Get Help From a Family Lawyer

Whichever position you find yourself in, you may wish to contact a family law attorney at Goldman & Associates Law Firm by contacting (248) 590-6600 or scheduling an appointment through our online form. We are here to address any concerns you may have about divorce and your custody status. We have offices located in Troy, Sterling Heights, Bloomfield, Southfield, Novo, Detroit, Livonia, and Grand Rapids. You must act quickly and consult with a family law attorney to safeguard your children and legal rights.

What You Need To Know About Joint Legal Custody In Michigan

When children are involved during a divorce the question comes into mind, what happens to them? Does one parent get sole custody of the child? Will there be an equal amount of parenting time given to both parties? How will these decisions be made? It’s understandable that these situations can be stressful, so it is important to remember to take a deep breath and relax because everything will be okay. In this blog, we will be going over the basics of what you need to know about joint legal custody.

What is Joint Legal Custody?

Joint legal custody is when both parents share equal responsibility and authority over the child. This allows both parents to still raise their children while being divorced. The court will look at the fitness of either parent, the agreement of both parents, and the best interest of the child and will decide if it will be beneficial for everyone involved. There may be a lot of things you may disagree about with your ex-spouse but one thing should be the same for both parties, the well-being of your children and making sure they are raised in an environment for them to grow and succeed. This is a way that you can start working with your Ex to reach an agreement on joint legal custody. If this can be done a mutual understanding can be created and the divorce process can go much smoother and a lot less stressful. If the court sees that you and your ex-spouse came to an agreement and show your ability to work with one another they will allow joint custody and other benefits will be given.

If you want to be involved in your child’s life and be there for the major decisions then joint legal custody is for you. For day-to-day decisions, the parent who is with the child will be able to make decisions and do what they think is best for the child. But for major decisions like medical procedures, education, and vacations both parents will have to talk about it and come to an agreement. This is why it is important to have a mutual understanding with the party and be able to have a conversation to come to an agreement on certain decisions. With joint legal custody, you will be able to raise your child and ensure that they are living a lifestyle that is best for them. You can decide whether the child plays a sport or starts the process of getting a driver’s license. Remember that you will still have to work with your ex-spouse and it won’t be easy sometimes but it will always be worth it. There are 12 factors that the judge will consider when it comes to joint custody.

Maintaining the relationships of love and affection shared between parent and child. (Courts assume such relationships are highly beneficial to children)
The capability of the parents to provide that love and affection
The ability of the parent to provide necessities such as food, clothing, shelter, and medical care (obvious factor in a child’s well-being)
Maintaining and continuing the stable environment the child has grown up with (including living with siblings)(family courts firmly believe that children need consistency and stability)
The court will try its best to keep the child in their current home. This is why the court almost always gives the family residence to the custodial parent
The moral fitness of either parent (including criminal records or the child knowing that one of the parents had an extramarital affair) (parents set a moral example for their children to follow)
The mental and physical wellbeing of the parents (without discriminating against certain disabilities)
The child’s school, home, and community records
Child’s reasonable preference: if the child is old enough, then the court will conduct an in-person interview, and any reasonable preference will be taken into consideration
The willingness of either parent to facilitate the child’s relationship with the other parent (Actions taken to shield a child from domestic violence or sexual assault may not be counted against this factor)
Any history of domestic violence

Adoption in Michigan

Sometimes an individual or couple wants to raise a child without conceiving one of their own, and sometimes there are children who are no longer in the care of their birth parents. Adoption can help bring these people together to form loving makeshift families that can be just as close as biological ones. In this blog we will go over how the adoption process works and more information on family law.

Adoption in Michigan

Adoption is a legal process that terminates the legal relationship between a child and its biological parents and creates a new relationship with adoptive parents. The adopted child’s birth certificate will be altered to show the adoptive parents as the child’s true mother and father. There are statutes in Michigan which govern this process. An unmarried person or a married couple can adopt either a minor or an adult. However, an unmarried couple cannot adopt as a couple, only one of them would be the adoptive parent.

Michigan law requires the petition to be filed either at the location of the petitioner (you) or the child being adopted. If both live outside of Michigan, then it is filed at the location where the child’s biological parents had their rights terminated.

Do you need the permission of the biological parents to adopt the child?

Usually, you do. If the natural parents still have their parental rights, then there consent is needed. If the father is not married to the mother, his consent might not be required. However, if the state has already terminated parental rights, then permission is unnecessary. Also, the court might waive the consent requirement if the biological parents are being unreasonable with their denial of consent and are not acting in the best interests of the child. Even if consent is waived, the biological parent still has a right to notice and a hearing about the adoption. Also, the permission of an unmarried biological parent might still be required under certain circumstances. This hinges on the father’s level of involvement in the child’s life. Does he live with the child? Does he care for it? Does he visit the child regularly? Has he admitted paternity and/or paid child support? If the child is an infant, the court will look for “manifestations of parental responsibility”. In the absence of these things, the non-marital father has no right to prior notice before his child is adopted.

Conclusion

What if I do not want to adopt, but cannot have children of my own? Then you should consider surrogacy. There are two types of surrogacy to choose from:

Traditional surrogacy: The surrogate’s egg is fertilized with the prospective father’s sperm, making him and the surrogate the biological parents.

Gestational surrogacy: The egg of a woman other than the surrogate (usually the father’s wife) is fertilized and implanted in the surrogate’s womb. Depending on how biological parenthood is defined, all three parties might be considered biological parents.

Whichever surrogacy method you choose, there are some things you should know before arranging a surrogacy in Michigan. For starters, paid (commercial) Surrogacy is illegal in Michigan. Violation of that law carries penalties of up to $50,000 and/or up to 5 years in prison. Furthermore, the courts will not enforce any surrogacy contract. Even if the surrogacy is altruistic (uncompensated). It is also incredibly important to know that violation of the law against commercial surrogacy will most likely result in the participants losing custody of any child that results from that surrogacy. This is quite important because a surrogacy contract is about more than just getting some woman to carry the baby to term.

They also contain provisions giving custody to the parents who appointed the surrogate. This helps avoid messy disputes and reneging on the surrogacy. It might not seem like such a big deal considering that most surrogate children have zero genetic relation to the surrogate mother. However, a surrogate mother might still be able to apply for physical custody over the child. In which case the court will apply a “best interest of the child” analysis. Due in part to the uncertainty created by this system, the Michigan legislature is currently considering legislation that might reform surrogacy law.

For more information on adoption in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

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What Can I Do If The Other Parent Is Trying To Manipulate The Child

No matter how far you try to distance yourself from your ex, if you are in some kind of joint custody your ex might be manipulating your child. Manipulative behavior is trying to change someone else’s behavior or perception of another person through indirect, deceptive, or underhanded tactics. In this blog we will be going over what to do if the other party is unfit to take care of a child.

What Can I Do If The Other Parent Is Trying To Manipulate The Child

When you find out that there is manipulation between the other parent and the child,you should not directly confront the other party or try to call it out by yourself because you will be facing denials and drama from your ex. Manipulation can be harmful towards the child’s mental health and your relationship with your child. The first thing you should do is collect evidence and keep a record of everything. Take photos, videos, writing, whatever can help prove your side of the story. This evidence can be used in the court of law. The court looks at what impacts the child, not the parent. So if your child is any kind of danger then that would mean the other party is unfit for parenting. If things are impacting you the court will not care, it’s about the child’s well being.

A parent is unfit for custody when they are engaged in illegal activity; if they are breaking the law then they will be seen unfit for custody by the court. If there is a history of criminal activity whether it’s drug use, speeding, or other illicit activity then it would show the judge that the parent cannot take responsibility for being a caregiver.

If you think your child is in harm’s way then immediately call the police. These situations can be complicated and it is best to consult your lawyer. If you contact your lawyer then they will be able to appropriate a motion that wil;l be filled so the court can set up ground rules and help you and your child. When the court is deciding to modify child custody they will be looking at 12 factors of the child’s best interest. Do not allow the varied terminology to trick you into thinking that the best interest standard is abandoned when seeking modification of the child custody arrangement. Unlike the modification of spousal support, the court uses more specific rules and standards when dealing with child custody. If you believe that your ex spouse is an unfit parent for your child, contact our attorneys at Goldman and Associates now. They will be able to handle your case and make sure your child is in the right hands. There are many factors when it comes to modifying child support but there is always a way to get the more fair outcome.

These types of cases require a professional to help guide you and direct you to a place to get the best outcome that you desire. If you need more information regarding child custody in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your custody matter. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the best outcome you desire.

For more information on custody in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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DUI Facts

In Michigan the official term is OWI (operating while intoxicated). You can be convicted of OWI if you drive an automobile while under the effects of alcohol or any other intoxicating substance. There is also another crime called OWVI (operating while visibly impaired), which can be charged if the prosecutor can prove that there was visible proof that your ability to safely drive was hindered by the effects of alcohol or drugs. While there are certain safe levels of alcohol consumption that will not result in a DUI, the presence of any amount of a schedule 1 drug is automatically illegal. Due to the fact that driving is such an important activity in today’s society, it is important to know how OWI/OWVI works and what the consequences can be. In this blog, we will be going over what a DUI is in Michigan and the consequences.

OWI in Michigan

An OWVI conviction only requires the government to prove that you were visibly impaired. There is no specific rule about how the government may or must prove this. The police officer who issued the citation can simply testify at trial. If either the judge or the jury is convinced by this testimony that you were visibly impaired. The level of impairment for OWVI is actually less than that of an OWI charge. Any level of impairment even slightly below the ability level of a normal, careful, driver is sufficient.

The penalties for OWI tend to be more severe, mainly because it either involves much worse intoxication or the fact that blood alcohol content is a more objective measure of impairment. These penalties are all for a first time OWI/OWVI. A repeat offense will likely result in even harsher penalties. If you have no OWI/OWVI convictions for seven straight years, your record will be reset to zero and your next conviction will be considered a first-time offense.

Penalties

The first OWI/OWVI offense can land you up to 93 days in jail. The fines for an OWVI are capped at $300. If you blow a blood alcohol level of .17% or higher, the maximum jail time for OWI jumps to 180 days (nearly double). Standard fines for OWI are $100-$500 dollars, but a .17% BAC will also boost that to $200- $700. The penalty for a first time OWVI conviction cannot exceed $300. OWI and OWVI can also be punished by up to 360 days of community service. The second and third offenses for OWI and OWVI will also result in the confiscation of your license plate and the denial of vehicle registration.

Conclusion

If you have been charged with an OWI/OWVI contact a lawyer immediately, this is not a case you should handle alone. Even without considering all of these daunting criminal penalties, the suspension of the license itself is a huge loss and burden to anyone who lives and works in Michigan. Just imagine everything in your life that depends on having a car. Now that you have a better understanding of the importance of your car, you will think twice before driving it while intoxicated. Not only is it incredibly dangerous, but these risks and costs should also serve to dissuade you. Remember that drinking and driving are dangerous and it can cost lives.

For more information on DUI in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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5 Mistakes To Avoid When Preparing For Your Michigan Divorce Case

Preparing for a divorce is important because it can impact how well a divorce case can go. If the preparation for a divorce is not done right the results can be devastating and that is the last thing you would want in a divorce case. Knowing the mistakes that can be made will help you out in the long run if you are thinking of getting a divorce or are in the process of getting one. In order to be able to obtain a divorce, you must meet all of the prerequisites in terms of residency before you can even file for divorce. However, just meeting the requirements to file for divorce is not enough. In order to successfully obtain a divorce in Michigan, you must convince a judge in a family court that your marital relationship has broken down beyond repair and that there is no chance of reconciling. In this blog, we will be going over 5 mistakes to avoid when preparing for a divorce.

5 Mistakes To Avoid When Preparing For Your Michigan Divorce Case

The first thing to avoid is not listening to your lawyer at all and thinking you can just do your own thing. When a lawyer tells you something regarding your case it isn’t just some advice that you can take or leave. Your lawyer knows the best thing to do in a situation and preparing for a divorce, people view lawyers as an employee which can lead to messy preparations. You need to see your lawyer as a professional in law and yourself as someone who needs assistance with the law. If you listen to what your lawyer says and you work together with your lawyer the results will be worth the while.

The second mistake to avoid is to not practice law and file any documentation while your lawyer is representing you. This shows the court your level of judgment can’t be trusted. If you want to do everything yourself then go ahead and represent yourself, don’t hire a lawyer, and then go do everything yourself. If the court doesn’t trust you the results of your divorce will be disappointing. If your lawyer doesn’t trust you, that is also an issue that will not help in the long run.

Mistake number three is to avoid fighting with your ex and making things worse. You hired your lawyer to battle it out for you. If an issue arises with the other party, make sure to inform your lawyer and they’ll take care of the rest. Your lawyer is there to do all the work and make sure you get the best outcome. Don’t make things worse by fighting with the other party and ruin the case being made for you.

Mistake number four to avoid is don’t run afoul of the court’s orders. If the judge tells you something to do, then you should absolutely do what they tell you. Again don’t go against anything the judge or your lawyer says.

The final mistake to avoid is to not threaten to file a grievance to your judge and lawyer. This will cause you to lose everything and will cause a conflict of interest with the people you are working with. Put some trust in the people you hire and make sure to listen to what your lawyer has to say. If you ace the preparation you’ll get the results you want and maybe even more.

For more information on divorces in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about divorce in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Resources

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Division of Property in Michigan

Married couples usually share their house and other property. They also acquire property during the course of the marriage. For this reason, the court must determine what property belongs to whom, and how shared property should be divided. Like Spousal support, one of the objectives of property division is to return the other spouse to the position they were in before or during the marriage. The court will also try to give each spouse all of the property they have “equitable title” to. In this blog we will be looking at division of property in a divorce and what it means for you. If you have any questions about this topic, call our office today.

How does the court decide how to divide property?

There are many approaches to property division utilized by various states. In Michigan, the preferred approach is known as “equitable division of marital property”. Under this approach, any property which was owned by either spouse before the marriage is their own “separate property”. Any property which was acquired during the marriage is divided up in a fair and generally equal matter.

That being said, what is fair will not always be “equal”, and the family court will seek fairness above all else. However, under certain circumstances, the court may dip into one party’s separate property to give to the other in order to achieve “fairness and equity”. They are also likely to treat what would otherwise be separate property as marital property if the other spouse was somehow instrumental in acquiring or developing that property.

Can the division of property be modified later?

No. It is very important to note that once the court reaches a final decision on the division of property, it can never be modified. This is because the property distribution is not affected by changes in circumstances. Furthermore, allowing the parties to endlessly relitigate property distribution would be costly, inefficient, and quite unfair if one spouse does not have sufficient resources. So make sure the arrangement is satisfactory.

What is considered separate property?

While this usually consists of any real estate, personal items, cars, or cash you owned before you were married; it is important to be aware of other things which are considered separate property. For example, if you receive a personal gift from someone during your marriage, that would still be considered separate property. If you receive court awarded damages for pain and suffering, this is also considered separate property. Inheritance and personal gifts to one of the spouses are separate property, even if they are received during the marriage.

Conclusion

In general, marital property is any property that was acquired during the marriage. There are, however, certain types of assets that the court deals with in a very specific manner. Property and Assets involves a lot of work and you will need a professional to help guide you through the process. If you need more information on High Asset Divorce or Marital Property or if you have any questions regarding divorce in The State of Michigan contact Goldman and Associates Law Firm. At Goldman and Associates, our attorneys are experts in family law and they will thoroughly examine all aspects of your divorce. With the best lawyers in Michigan, Goldman and Associates takes each and every case very seriously and gives you the outcome you desire.

For more information on high asset divorce in the State of Michigan watch the video below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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How Can I Increase My Chances Of Getting A Better Custody Agreement?

In this blog, we will be going over child custody and how you can increase your chance of getting an even better custody agreement. When a couple with children gets divorce, the subject of divorce might be mentioned in the initial complaints and answers. Aside from that, the court will approach that issue for the first time during the Early Intervention Conference (EIC) that is held 56 days after the initial complaint is filed. This is where the parents will get an overview of the friend of the court, the process of determining custody, and is also intended to resolve any temporary issues regarding any of the children that are younger than 18. Following the EIC, there may be additional hearings dealing with custody during the 180 day (minimum) divorce process. In the end, the judge will either render his own divorce judgment or adopt the one agreed to by the spouses, and this agreement will contain the final order regarding custody unless it is altered in a later proceeding. It is difficult to tell how many or what kind of hearings you might encounter because each divorce is different. Make sure that you insist that your attorney keeps you informed about how the process is being set up by the court.

There are a number of ways to better your chances of getting a better child custody deal. The first one is to control your feelings and actions. Don’t let this divorce bring the worst out of you and don’t let the other party influence how you feel and act. If you cannot control your feelings and cause issues then your chances of getting child custody will decrease immensely. The second thing you can do is keep the children out of the drama. Make sure the children don’t hear any of the arguments or drama. The third thing to focus on is trying to work with your ex and coming up with an agreement that will work best for both parties. This will be difficult especially if you and the other party had a hard falling out, but a joint custody agreement would help you in the long run.

Conclusion

Being there for your children while they grow up will be beneficial for all the parties involved in the matter. Joint legal custody allows both parents to be a part of their child’s life, parenting time is important so to be sure you are being given a fair amount of time to spend with your child call our attorneys at Goldman and Associates today. If you are in the process of a divorce or custody you will need an attorney for the best possible outcome. For more information on joint legal custody in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about custody in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

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Domestic Violence Charge In Michigan

What does it mean to have a domestic violence charge in The State of Michigan? In this blog, we will be going over what domestic violence is, what happens the first time you are charged with it, and other information about the matter. If you have any questions about domestic violence call Goldman and Associates today to learn more.

Domestic Violence Charge In Michigan

Domestic violence is violent or aggressive behavior within the home, typically involving the violent abuse of a spouse or partner. A domestic relationship can be any one of the following:

A spouse or other family member
The unmarried parent of your child
Someone you are living with or have lived with previously
Anyone you have ever been romantically involved with

Domestic violence is not just a family matter or another argument, but a crime in The State of Michigan. If there is any kind of violence or abuse that is harming another individual the police need to be involved to protect the victim and remove the offender. If you or someone you know have experienced any of these things listed above call the police or a local domestic violence support group as soon as possible.

What happens when I am charged with domestic violence?

Like many other states, Michigan makes acts of domestic violence criminal offenses. The two primary crimes of domestic violence are domestic assault and domestic assault and battery. The two terms are given identical legal treatment and are basically interchangeable. They are really just modifications of pre-existing assault/assault and battery offenses based on the victim being a spouse or in a dating relationship with the perpetrator. Domestic assault/domestic assault and battery is a misdemeanor punishable by 93 days in jail and a $500 fine (The same as non-domestic assault/battery).

If the victim suffers a severe or aggravated injury, then the penalty is bumped up to 1 year in jail and a $1000 fine. However, if one is convicted of domestic assault/battery and has one of several enumerated domestic or non-domestic violence crimes; then the possible sentence will be enhanced to 1 year in jail and a $1000 fine. In the case of an otherwise non-domestic violence crime, the enhancement only applies if the victim was a spouse, dating partner, co-parent, or former household resident. The enumerated prior domestic violence crimes are as follows:

Assault
Assault and Battery
Felonious Assault
Assault with intent to commit murder, maim, or cause great bodily harm
A conviction in another state that is substantially similar to any of the crimes listed above.

For a first offense domestic violence, even if the person is convicted, it is most likely they will not look at jail time. The court will however impose probation, possibly send you to anger management, community service, or other alternative sentencing. Even if there is a possibility of jail time, it is important you hire a lawyer to get the best results.

Keep in mind that none of these crimes are specifically “domestic violence crimes” aside from the relationship between the victim and perpetrator that makes this enhancement applicable. Even if a domestic violence event was charged with the standard assault/battery charge (rather than a Domestic assault/battery charge), it still counts. If there are two or more of these prior charges, then the new domestic violence charge can be enhanced to two years in prison and a $2500 fine.

Conclusion

Domestic violence is a serious issue that needs to be addressed. If you are ever charged with domestic violence make sure you talk to a lawyer before you doing anything else. For more information on domestic violence in the State of Michigan watch the videos below and check out the Goldman and Associates YouTube channel for more videos on everything relating to law in Michigan. Make sure to give our attorneys a call if you have any questions about domestic violence in Michigan.

Click the link to schedule a free case evaluation:https://app.acuityscheduling.com/schedule.php?owner=17105687&appointmentType=18529428

For more information visit:https://www.akivagoldman.com/michigan-legal-blog/michigan-divorce-lawyer/

You can give us a call for a FREE phone consultation at (248) 588-3333

https://www.youtube.com/watch?v=smy-iCwqB2o

Resources

http://akivagoldman.com/

https://www.bjs.gov/index.cfm?ty=tp&tid=235