Domestic Violence

Domestic Violence

Domestic violence is an unfortunate occurrence in some households. We at Martin Foldie Law Law are here to help navigate the waters of your legal battle.

Definition

According to Michigan law, domestic violence is an assault against a defined domestic relationship that does not qualify as self-defense for you or your property.  Domestic Violence has become a lightning rod to an accused future. Certain types of employment can be forever barred if one is convicted of a domestic violence charge.

A Domestic Violence conviction prohibits;
  1.  Owning, purchasing, or possessing a firearm.
  2. Employment in the medical field
  3. Employment in Education
  4. Employment in the Armed Services
  5. Employment in Child Care
  6. Employment in certain Government Agencies
Important Info 
Under Michigan Law, the rules can be applied depending on circumstances.
  • No Contact Order
    • A judge can implement this order which prohibits a defendant from having any contact with the complainant and possibly other domestic relations.
  • Previous Cases
    • It is allowed in Michigan to consider previous domestic violence charges or accusations when examining an unrelated domestic violence charge.
Charges
Michigan first-time domestic violence convictions can result in a $500 fine and/or 93 days in jail. If you are convicted a second time, the charges can be a $1,000 fine and/or 1 year of jail time. If you are convicted a third time, the results can be a $2,500 fine and/or 2 years of jail time.

What to do if:

You’re a Victim 
  • Understand the Warning Signs  
    • There are several types of behaviors that can indicate an abusive or dangerous relationship. Familiarize yourself with these types of traits in order to better protect yourself. Some of these warning signs can include: 
      • Limiting who you see and interact with 
      • Controlling your personal appearance 
      • Forcing sex or lying about birth control practices  
      • Constant belittling or blaming  
  • Make a Plan 
    • The most important aspect in pursuing a domestic violence claim, is making sure that you are safe. Don’t be afraid to ask your lawyer to pursue a restraining order in order to legal limit or prohibit any interaction with you and other domestic relationships. Creating a safety plan and surround yourself with trusted friends and family helps as well.  
You’re Accused 
  • Don’t do Anything Drastic 
    • The worst thing to do if you are accused is to act in a way that could be used against you. Even something such as moving into a potentially threatening position can be used against you. 
  • Seek Legal Help  
    • Legal advice and representation is crucial, so make sure you contact an attorney you can trust. We at Martin Foldie Law are dedicated to ensuring that you are as protected as possible from a domestic violence claim. 
    • In addition, it is possible to avoid or defer your domestic violence accusation as long as you are eligible by either: 
      • Pleading guilty or being found guilty of a domestic violence charge 
      • You have never pleaded guilty of been found guilty of a domestic violence charge  
      • You must have never submitted a deferral claim before  
      • The prosecution must agree to the deferral 

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