The effects of domestic violence impacts thousands of families in The State of Michigan, in 2019 there were 57,018 incidents of domestic violence reported to Michigan police. When domestic violence is involved someone gets hurt, so it is important to learn about the topic so that you can protect yourself and the people you care about. This blog will include the breakdown of domestic violence and everything you need to know about it. The first and most important thing to know is that if you or someone you know is dealing with domestic violence and they are in need of help, call the police immediately or contact a local domestic violence shelter.
What is Domestic Violence
Domestic violence is a pattern of controlling behaviors, some of which are criminal, that includes but is not limited to physical assaults, sexual assaults, emotional abuse, isolation, economic coercion, threats, stalking and intimidation. These behaviors are used by the batterer in an effort to control the intimate partner. The behavior may be directed at others with the effect of controlling the intimate partner.
A more simple definition would be a person abusing another person they share a domestic relationship with, by using physical or emotional violence. In Michigan domestic violence can take on many forms, and in recent years the court recognizes internet harassment and emotional abuse. Here are a few examples of what can be defined as domestic violence.
- Verbal abuse
- Intimidation
- Physical abuse
- Manipulation
- Economic oppression and abuse
- Coercion
- Stalking
- Use of the children to intimidate, harass, or threaten
- Sexual abuse
- Isolating the victim from family and friends
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. It can be hard for victims to contact authorities or talk to someone about their situation. That is why it is important to make sure to listen to the victim, and make sure they get the help they need.
What to Do if You Are a Victim of Domestic Violence?
If you are a victim of domestic violence there are many options you can take to get to safety and get the help you need. The first step for a victim of domestic violence is to call the police so that the victim can be moved away from the environment that is causing them harm. It is also advised to call a local domestic violence support group so the victim can have some kind of plan to get away from their situation and figure out what to do next after the offender is taken away.
You can contact the U.S. National Domestic Violence Hotline at 1-800-799-7233 or the Rape, Abuse & Incest National Network (RAINN) 1-800-656-HOPE (4673). Local Michigan domestic violence support groups will be linked down below.
Keeping a collection of evidence of domestic violence is beneficial in helping a victim during a situation like this. Having a record of injuries and any other abuse that may have unfolded can be done by taking photos, videos or voice recordings of the abuse, and keeping all text messages, DMs, social media posts and emails that are incriminating to the abuser. Any kind of recorded evidence will help a case immensely.
Violence is not an option when trying to resolve an issue or stop a problem, any form of abuse is not normal in a domestic relationship. If you are a victim of domestic violence know that it is not your fault and that you deserve to be safe and valued. There are other legal options you can take to ensure the safety of yourself and others. One of these options is a Personal Protection Order.
What is a Personal Protection Order (PPO)?
A Personal Protection Order in Michigan is a restraining order for domestic violence cases. Under Michigan law, there are three types of PPOs. The type of PPO that a victim will seek is dependent on the relationship between the victim and the accused. A domestic relationship PPO seeks to stop certain violent behaviors when the petitioner has a domestic relationship with the respondent. A nondomestic relationship PPO is triggered when there are 2 or more acts of stalking, and is not dependent on the victim’s relationship with the respondent.
Lastly, a sexual assault PPO is appropriate for victims of sexual assault who may not have a domestic relationship with the respondent or does not have two or more acts of stalking committed by the respondent to the victim. We will look at these three types of PPO more in depth and explain the structures of each one.
If you believe that the abuser will continue to target you or your children, getting a PPO would protect you from that happening. Getting an attorney to help you get a PPO is essential and will benefit you in the long run. Here are some things that the PPO does in The State of Michigan, the PPO can prohibit the respondent from the following acts
- Entering onto premises. Any premises that the petitioner frequents may be included.
- Assaulting, attacking, beating, molesting, or wounding a named individual. The named individual does not have to be the petitioner.
- Threatening to kill or physically injure a named individual. The named individual does not have to be the petitioner.
- Removing minor children from the individual having legal custody of the children. This provision was originally to prevent the respondent from kidnapping a child in common. However, if there is a custody or parenting time order in place, the PPO will control, until the custody or parenting time order is modified or expired.
- Purchasing or possessing a firearm.
- Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by respondent.
- Interfering with petitioner at petitioner’s place of employment or education or engaging in conduct that impairs petitioner’s employment or educational relationship or environment.
- If the petitioner is a minor who has been the victim of sexual assault, as that term is defined in section 2950a, by the respondent and if the petitioner is enrolled in a public or nonpublic school that operates any of grades K to 12, attending school in the same building as the petitioner.
- Having access to information in records concerning a minor child of both petitioner and respondent that will inform respondent about the address or telephone number of petitioner and petitioner’s minor child or about petitioner’s employment address.
- Engaging in conduct that is prohibited under section 411h or 411i of the Michigan penal code This includes stalking.
- Any of the following with the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest:
- Injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal. A restraining order that enjoins conduct under this subparagraph does not prohibit the lawful killing or other use of the animal as described in section 50(11) of the Michigan penal code, 1931 PA 328, MCL 750.50
- Removing the animal from the petitioner’s possession. Retaining or obtaining possession of the animal.
- Any other specific act or conduct that imposes upon or interferes with personal liberty or that causes a reasonable apprehension of violence.
PPOs are considered emergency orders and do not implicate the Child Custody Act. Under the “catch all” provision of the PPO statute, the court may restrict a respondent’s contact with their children, even if that restriction is contrary to the respondent’s custody rights, the PPO takes priority always.
Also, a court must issue a PPO if it finds reasonable cause that the respondent might commit one of the restricted acts listed above. The petition should include specific incidents of violence, threats, abuse and the like. This can be proven by testimony, documents and other evidence and whether or not the respondent has committed or threatened to commit other acts of violence in the past.
The court cannot refuse to issue a PPO because there is no police report, medical report, or physical signs of abuse or violence. You can get a domestic relationship PPO, stalking PPO, or a sexual assault PPO. Speak to your attorney and ask what the best option is for you to be fully safe and secured.
Domestic violence may lead to a divorce, if this happens the court will absolutely look at domestic violence as a factor when deciding who gets what and child custody.
How Does Domestic Violence Affect Divorces in Michigan?
Divorces can be difficult and draining but if domestic violence is involved in the divorce is can be a lot more challenging. Knowing the facts and information about domestic violence and divorces will help you succeed and get the best possible outcome you deserve. Before starting the divorce process remember to hire an attorney so that they can help handle your case and give you the results you want. This is not a matter you can handle alone, having a professional by your side is the best option to take. Also collecting evidence is important in a divorce, evidence will help show the effects of domestic violence, which includes economic damage, physical, emotional and psychological effects. The court will look at the evidence provided to make the best possible choice.
If there is evidence of abuse the victim will more likely receive the majority of assets. But in the case where the victim has no evidence and the abuser has a strong case against the other party, there could be a possibility that the victim will not get as much as they deserve. Having the accurate evidence and an attorney that can create a strong case is much needed in winning a divorce.
Assets
As with division of marital property, fault may be used in determining an award for spousal support. While the court takes in consideration many factors when determining spousal support, domestic violence falls under the factor “the past relations and conduct of the parties.”
In fact, the court has noted that past conduct of the parties that causes fear of personal danger is an appropriate justification for an award of spousal support. Each factor for the granting of spousal support must be examined with the domestic violence allegations in mind, to support a request for spousal support.
Assets, marital property, and spousal support will all be affected if there is evidence of domestic violence. It is important to keep in mind that this process requires an attorney, this can not be done alone. With the right attorney and enough evidence there can be a clear cut path for your divorce.
Child Custody
The Child Custody Act requires the court to consider domestic violence when determining custody and parenting time. The presence of domestic violence is one of the 12 Best Interest of the Child factors that the court must consider before granting any type of custody determination.
The effects of domestic violence can influence multiple factors of the 12 Best Interest of the Child test, and must be demonstrated through documentary evidence and testimony, sometimes expert testimony. A few factors that judges in Michigan consider when determining child custody may be if either parent has been physically or mentally abusive or if there has been a history of criminal records.
In a determination of joint custody, the court weighs whether the parents will be able to cooperate and generally agree concerning important decisions affecting the welfare of the child. If the situation contains domestic violence or abuse, with all of the acts of intimidation and unequal power by the abuser, there cannot be a true agreement between the parents. The court may find, because of this, that joint custody is not in the best interest of the child. Domestic violence will be considered a negative contributing factor to the child’s well-being, even if the child has not witnessed the domestic violence themselves. The same influence of domestic violence on the child’s well-being is used when determining parenting time. In cases of domestic violence, the court may order supervised parenting time, third person exchanges, and/or no contact with the victim and/or child.
If a Personal Protection Order is put in place, then the parent accused of domestic violence may not contact the victim parent or in some cases, the child. The accused may not be able to go back home or even work if the court decided this. The PPO does not act as the custody determination, itself, but will take precedence over the child custody order. The goal of structured parenting time in a domestic violence situation is to prevent harm and manipulation of the victim parent, while also providing the accused abusive parent a relationship with the child.
Domestic violence impacts child custody heavily but it’s important to remember that domestic violence is only one of the many factors that the court will consider when deciding child custody. The court may find a way to give the accused some parenting time, and if needed the court can order supervised visitations. If everything goes as planned the child custody process will be fair and equally and both parties will get the outcome they deserve, the court will make sure that everyone that is involved will be safe. If you have any questions about child custody call Goldman and Associates Law Firm to learn more, we are here to help you!
What if You are Charged with Domestic Violence in Michigan?
Getting charged with domestic violence is not something you want to deal with. Domestic Violence is considered a crime and can be either a misdemeanor or a felony. The first time you are charged with domestic violence it could result in 93 days in jail and a $500 fine. Domestic violence is a misdemeanor for any of these things listed below.
- Install an electronic tracking device on a motor vehicle (or cause such a device to be installed) without the knowledge and consent of the vehicle owner or lessee.
- Track the location of a motor vehicle with a tracking device without the knowledge and consent of either the owner or lessee or authorized operator of the vehicle;
- While restrained by a protective order, use a tracking device to track the location of a motor vehicle operated or occupied by the person that order protects (a protective order includes a PPO or criminal orders with protective conditions)
- While on probation or parole for an assaultive crime, including criminal sexual conduct, stalking, or domestic assault, track the location of a motor vehicle operated or occupied by the victim of that crime or by a family member of the victim without the victim’s or family member’s knowledge or consent.
Here are other facts and information on domestic violence charges and penalties.
- Aggravated Domestic Assault is when the assault results in severe injuries. The first offense is a misdemeanor (up to 1 year, $1000), the second is a class G felony.
- Stalking, a one-year/$1,000 misdemeanor, or aggravated stalking, a five-year/$10,000 felony.
- Felonious assault with a dangerous weapon, a four-year/$2,000 felony.
- Assault with intent to do great bodily harm less than murder and assault by strangulation or suffocation, a ten-year/$5,000 felony.
- Assault with intent to commit murder, a life or any-number-of-years felony.
- Criminal sexual conduct, depending on the degree, a life or any-number-of-years felony to a two-year/$500 misdemeanor.
When property rights are violated, the charging options are:
- Criminal trespass, a 30-day/$250 misdemeanor.
- Malicious destruction of personal property, with penalties ranging from 93 days and a $500 fine to 10 years in prison and a $15,000 fine, depending on the value of property destroyed and the defendant’s prior convictions.
- Breaking and entering, a 90-day/$500 misdemeanor.
- home invasion, a 20-year/$5,000 felony for first degree, a 15-year/$3,000 felony for second degree, and a 5-year/$2,000 felony for third degree.
Do I Need a Lawyer?
The short answer, YES! A domestic violence charge is not the same as a parking ticket or a speeding ticket, it is much more severe and can be damaging to your personal records. And depending on what kind of domestic violence charge you are facing there could be a possibility of a lot of jail time and a big fine. A domestic violence charge can even lead to a felony in The State of Michigan.
Domestic aggravated assault defendants (54%) were less likely to be granted pretrial release than non-domestic aggravated assault defendants (62%). If a weapon was involved in the domestic violence matter then there could be a possibility of 4 years in jail and a fine up to $2,000, domestic violence with a weapon is a felony.
So do you need an attorney in a domestic violence case? Absolutely, a lawyer that can represent you and give you the best possible outcome is certainly required. You need an experienced lawyer that knows that has years of practice and a positive track record of giving clients the top results in Michigan. Call Goldman and Associates as soon as you can before your pre-trial, you will need to know your options and give yourself the best opportunity going forward. Calling our law firm and getting a professional involved is the best way to prepare for a domestic violence case.
One tip that will help you no matter what is not to miss your court date and to be there for your pre-trial. This court appearance is important because it will give your lawyer the chance to talk to the officer and judge, then the court will decide what will ultimately happen to you. During the pre-trial your lawyer will look at everything, that includes your prior record, evidence, and guidelines that will govern the sentencing to see what can be done for you in this case and work things out.
You do not want your case to go to trial, working things out and coming up with a deal is the best possible result. The ultimate goal is to find a way to solve the case without having a trial. If things go the wrong direction then the court will put you down for jury selection and then you will go to trial. Having the proper attorney to represent you is the most important thing to do, this process can be challenging and stressful and should not be done alone. Call Goldman and Associates if you have any questions relating to your case or anything related to domestic violence in Michigan.
How Long Does a Domestic Violence Charge Stay on Your Record in Michigan?
It depends on how the case is handled, even in the worst case scenario there is a possibility that the record can be expunged. The statutory waiting period is 5 years from the time you completed your obligations to the court. Talk to your lawyer to learn more about your record and what you can do.
If My Spouse Wants the Charges Dismissed, Will the Whole Criminal Charge Simply Go Away?
No, As soon as the police get involved you don’t have much control of what happens next. The police are not marriage counselors, they are about protecting and serving, they will come to your house and charge someone of domestic violence and take them away. Most people don’t realize that if a domestic violence call is made someone will most likely be arrested.
Many people think that if they themselves start the domestic violence case they should be able to stop it. That would be incorrect, in a domestic violence case you have no control whatsoever to get the case dismissed, instead the people of Michigan will be going against the defendant.
Conclusion
Domestic violence is a serious issue that needs to be addressed. No matter who you are, being informed about domestic violence can save lives. If you need more information regarding domestic violence 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 domestic violence 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 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.
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Resources
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https://www.youtube.com/watch?v=tmxyHhQXA8I&t=217s
In The State of Michigan, there are two types of custody, one is legal custody and the other is physical custody. Legal custody allows the parent to make key decisions that impact the child’s life long term. For example, what school the child attends, the medical care the child receives, etc. Physical custody is the right to have possession and control over the child. In other words, physical custody is who the child primarily resides with.
