Metamora Lawyers Assist Clients Accused of Domestic Violence
Michigan firm advises individuals charged with mistreatment of a partner
A domestic violence allegation subjects someone to criminal prosecution and the establishment of a protective order that might keep them away from their home and children. Though people might be reluctant to fight back against this type of accusation, failing to defend yourself properly could have long-term consequences. The proven Michigan defense attorneys at Kohl, Harris, Nolan & McCarthy, P.C. in Metamora represent clients accused of domestic violence and counter untrue claims in an effort to achieve a fair result.
Legal standards and penalties related to domestic violence prosecutions
An assault (where someone threatens or attempts to harm someone) or a battery (the intentional infliction of force upon another) can qualify as domestic violence. Criminal behavior is considered domestic violence when the accuser and alleged abuser are:
- Current or former spouses
- In a dating relationship
- Share parentage of one or more children
- Current or former live-in partners
A first misdemeanor offense for domestic assault can be punished by a fine of up to $500 and as many as 93 days in jail. Penalties increase for subsequent convictions. If someone is convicted a second time, the jail term can run as long as one year and the top fine is $1,000. Third offenses are classified as felonies, with much higher maximum penalties. Upon a third conviction, a defendant could face as many as five years in prison and a $5,000 fine. When the alleged victim suffers a serious injury requiring medical treatment, the prosecutor can bring an aggravated domestic assault charge against a first offender that can result in up to one year of incarceration.
Dedicated advocates represent targets of civil personal protective orders
Criminal charges are not the only sanction that someone accused of domestic violence faces. Someone who claims to be the victim of abuse can go to the family division of the Circuit Court to petition for a Personal Protective Order (PPO). If granted, the subject of the order usually is not allowed to communicate with or come near the petitioner. If you are served with a petition and PPO, we will represent you in a hearing and advocate for a resolution that doesn’t improperly restrict your freedom.
Knowledgeable attorneys prepare defenses
Defending against a domestic violence charge can be complicated. There is a social stigma against individuals accused of this conduct and it’s important to have a defense lawyer by your side who will stand up for your rights and challenge the introduction of misleading or prejudicial information. Reporting police officers might be inclined to believe the party who made the call, so it might often be necessary to conduct a detailed investigation in order to show that the accused was actually acting in self-defense. When parties have been in a relationship, emotions sometimes get the best of people. Our accomplished attorneys focus on the facts to help our clients avoid unjust punishment.
Contact a proven Michigan lawyer for a free consultation about a domestic violence case
Kohl, Harris, Nolan & McCarthy, P.C. in Metamora provides legal counsel to Michigan clients accused of domestic violence. Please call 810-212-5005 or contact us online to schedule a free consultation.