Domestic Violence

Domestic Violence is a crime that is charged when an assault and battery occurs between family members, between people living together or between people that have a child in common. In recent years, due to celebrities and sports figures being charged with domestic violence, the media and government have focused their attention on domestic violence prevention and rehabilitation.  As a result, Judges are issuing stricter punishments.

It usually begins with some form of altercation, during or after which, the police are called and someone is inevitably charged with domestic violence, even if that person is claiming self-defense! Once charged the government will then prosecute the individual to the full extent of the law.  At the arraignment, the Judge will issue a no-contact order, meaning that the person charged cannot have any contact with the alleged victim. The matter goes from bad to worse as no-contact orders often result in not being able to go home or to work when the alleged victim resides or works with the person charged!

Exercise Your Right to Remain Silent

Just like all other criminal matters, a person suspected or charged with domestic violence should not make any statements to anyone about what occurred. Exercise your right to remain silent and hire a knowledgeable attorney to represent you.

Self-Defense Jury Trial

If you were defending yourself or did not threaten or have physical contact with the alleged victim, then you want to hire an attorney that has the experience and skills necessary to take your case to a jury trial.

Domestic Violence Guilty Plea

If, however, the allegation is true, and it is a person's first assaultive offense, hiring an attorney that can successfully negotiate a guilty plea pursuant to MCL 769.4a is the ultimate goal. If the victim consents to MCL 769.4a, it allows the court, after a guilty plea, but without actually entering a judgment of guilt on the person's record, to defer further proceedings and place the accused on probation. The probation conditions will vary from Court to Court, but it is advisable to be prepared for reporting probation, fines, costs, medical bill reimbursement, community service, anger management treatment, substance abuse counseling (if the charge involved drugs or alcohol) and random alcohol and drug testing (even if the charge did not involve drugs or alcohol). Successful completion of probation will result in a dismissal of the charge.

Domestic Violence Dismissal

Occasionally, the parties to a domestic violence charge do not want to proceed with the case and would rather have it dismissed. This occurs when the alleged victim does not realize that a 911 call after a heated argument and very light physical contact, if any, would potentially lead to a criminal conviction and incarceration. Unfortunately, once someone is charged with domestic violence, the Judge cannot dismiss the case. It is then incumbent upon the alleged victim to convince the police and prosecutor (attorney who files the charge) to dismiss the charge.

Immediately Contact an Attorney

Regardless of the scenario, jury trial, guilty plea or on the rare occasion a dismissal, you want to hire a skilled attorney to represent you throughout the legal process. The sooner you retain an attorney the better your chances will be of a successful outcome. The Law Offices of Nickolas Daniels & Associates handles all form of domestic violence matters. Obtain peace of mind by knowing that you have knowledgeable and experienced counsel with you to prevent you from saying anything that could be used against you. To speak with Attorney Nickolas Daniels, contact him online or by calling 586-436-3499.