WHAT QUALIFIES AS DOMESTIC VIOLENCE IN MICHIGAN?

by Van Den Heuvel Law Office

Domestic violence is a serious crime that can have significant legal and personal consequences. In Michigan, this offense is treated with the utmost severity, resulting in strict penalties if proven beyond a reasonable doubt. This post aims to provide a comprehensive understanding of domestic violence laws in Michigan, the types of domestic violence recognized, and the importance of seeking legal counsel if you’re accused. The Van Den Heuvel Office explores what is defined as domestic violence in Michigan. For advice specific to your case, call us to discuss your individual circumstances at a consultation.

Understanding Domestic Violence

Domestic violence is not limited to physical altercations alone. It encompasses a range of abusive behaviors perpetrated by one person against another in an intimate or familial relationship. From threats and intimidation to forced isolation and financial control, domestic violence manifests in numerous ways, all causing harm to the victim. This behavior pattern is often used to exert control over another person:

• Physical Abuse: This includes hitting, slapping, punching, kicking, or any other form of physical harm.
• Sexual Abuse: Forced sexual activity or behavior without the victim’s consent falls under this category.
• Emotional Abuse: This could involve belittling, constant criticism, or attempts to control a person’s behavior through threats or intimidation.
• Economic Abuse: This happens when one spouse exerts control over the other spouse’s financial resources, hindering their ability to support themselves.

Domestic Violence Charges in Michigan

Michigan laws define “domestic violence” primarily as an assault or an assault and battery by a spouse, former spouse, person residing or having resided in the same household, or a person with whom the victim has a child in common.

There are two primary types of domestic violence charges: domestic assault and aggravated domestic assault. Domestic assault does not necessitate the presence of physical injury on the part of the victim. This means that even without visible signs of harm or damage to the body, the perpetrator can still be held accountable under the law for domestic assault. It is important to note that this classification is not contingent upon the victim bearing physical evidence of harm. The charge rests solely on the actions perpetrated by the accused, irrespective of the physical repercussions on the victim.

On the other hand, aggravated domestic assault, a more severe charge, requires the victim to provide evidence of an injury that necessitated medical attention. In such cases, it is not enough for the victim to merely allege harm; they must substantiate their claim with proof of medical intervention. This could be in the form of medical records, doctor’s notes, or any other tangible evidence that validates their assertion of requiring medical care due to the assault.

Protective Orders and Consequences of Violation

Protective orders are issued by courts to protect victims of domestic violence. These orders can impose various restrictions, including prohibiting the accused from causing harm, entering a shared home, buying guns, and taking children. Violating a protective order can lead to arraignment, a hearing, and sentencing, which may include jail time and fines. It can also lead to additional criminal charges, such as trespass, assault, battery, domestic assault, or sexual assault.

Why You Need a Defense Attorney

If you’re accused of domestic violence, it’s crucial to seek legal counsel immediately. The Van Den Heuvel Law Office in Grand Rapids, Michigan, works with domestic violence cases and provides reliable defense attorney services. We can help develop an effective defense strategy, guide you through the legal process, and advocate for your rights at every stage.

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