Domestic Violence Defined

Under Michigan law, domestic violence is defined as “a person who assaults or assaults and batters an individual.” However, a domestic violence charge differs from a standard assault and/or battery charge because domestic violence involves a relationship. Under Michigan law, the definition of a relationship, for purposes of domestic violence, is wide in scope. A person who assaults and/or batters his or her spouse, ex-spouse, significant other, ex-significant other, person whom he or she has a child in common, or current or former household resident (such as a roommate) can be charged with domestic violence.

 

Domestic Violence Procedure – Civil versus Criminal

Domestic violence is different from all other criminal offenses in that there may be both a civil and criminal case occurring at the same time. Generally speaking, civil matters encompass all areas of law other than criminal law. Additionally, civil cases are initiated by individuals rather than the government (the prosecution). Examples of areas of law that are considered civil include family law, in which domestic violence issues most often arise.  

 

The process, procedure, and burden of proof differ depending on whether a person is facing a domestic violence allegation in civil court or criminal court.

In civil court, the accuser must file a petition for a Personal Protection Order (PPO), detailing their reasoning for the PPO and include any evidence with the petition, such as a police report. The judge may then grant the PPO without having to schedule a hearing. Once the PPO is granted, the accuser then has to notify the accused that there is a PPO issued against him or her. Once notified, the accused only has 14 days to respond, and can file a motion to either modify or terminate the PPO. A hearing is then scheduled before the judge to determine whether the PPO should be modified or terminated.  

In criminal court, the assistant prosecutor will review the police report to determine whether to charge the accused with a crime. After the accused has been charged, the accused will be required to attend an arraignment hearing and will enter a plea of guilty, not guilty, or no contest. At the arraignment, the judge will set the bond amount and order any conditions. Usually, the judge will issue a “no contact order” during the pendency of a domestic violence case.

A no contact order must be taken very seriously and strictly followed. Generally, a no contact order means that the accused cannot have any contact with the accuser. This can also include communications by phone, text message, e-mail, and even messages delivered through a third party. If an accused violates the no contact order, it can be damaging for his or her case. It is very important to demonstrate to the court your willingness to cooperate.

 

Domestic Violence Penalties

If charged with domestic violence, the penalties a person can face will depend on whether the person has been previously convicted of domestic violence:

Punishment for 1st Conviction (Misdemeanor)

• Up to 93 Days in Jail; and/or

• Up to $500.00 Fine

Punishment for 2nd Conviction (Misdemeanor)

• Up to 1 Year in Jail; and/or

• Up to $1,000.00 Fine

Punishment for 3rd Conviction (Felony)

• Up to 5 Years in Jail; and/or

• Up to $5,000.00 Fine

 

However, if a person is charged with domestic violence as a result of allegations of inflicting a serious or aggravated injury short of murder, then he or she will face a set of different punishments.

A domestic violence charge alone will negatively impact your reputation, and can put your job and your ability to be with your loved ones at risk.

It is critical to contact Ray Law Criminal Defense attorneys as soon as possible. You will need our expertise to successfully resolve the criminal issue. 

Immigration Impact

If you are charged with a crime, and are not a U.S. Citizen, the criminal charge alone may negatively impact your immigration status and/or your ability to apply for nonimmigrant and/or immigrant status.

 

Under immigration law, a domestic violence conviction or guilty plea, alone, will not subject an alien to deportation proceedings.

 

However, just because a domestic violence conviction itself is not a deportable offense, does not mean that a conviction or guilty plea to such a crime would not impact any future immigration benefits that may be sought.

 

If found guilty of domestic violence, the next time a person applies for a visa at the United States Embassy or Consulate, he or she will be subjected to additional scrutiny.  While a single domestic violence conviction may not render a person inadmissible, multiple convictions of domestic violence plus an additional charge, may subject a person to be inadmissible to the United States.

 

In the future, if any criminal matter is expunged or dismissed, police report(s) and court disposition will always be required, regardless of the age of the offense.

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You will need the Ray Law advantage, and the expertise of our attorneys to properly and successfully handle your case. We will fight to ensure that the domestic violence charge will not negatively impact your record. 

Ray Law specializes in both criminal and immigration law. Here at Ray Law we have the best attorneys to represent you in the court of law, as well as the best attorneys to successfully represent you through the immigration process. 

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Use the Ray Law advantage!