What you think is just an argument can quickly escalate into something much more. Who knows what happened? A neighbor may hear raised voices and call the police. The police arrive and decide an argument ensued and so someone must be arrested for domestic violence. Domestic violence incidents in Michigan carry serious consequences when not addressed immediately. These consequences can be both civil and criminal. If you have been charged in Oakland County, Wayne County or Macomb County with a domestic violence or related offense, it’s imperative to contact a serious domestic violence attorney immediately.
When a defendant is charged with a domestic violence offense, the court has the power to institute a protective order, also referred to as a restraining or no-contact order, barring you from contact with your loved ones. Protective orders can be made even when the defendant isn’t present in court and before the criminal process has really even begun. In essence, when it comes to domestic violence, you can suffer certain consequences before a judge or jury has found you guilty beyond a reasonable doubt.
When a protective order is issued, it can result in two significant consequences, though there may be other penalties or restrictions imposed:
A person subject to a protective order or convicted of a domestic violence offense is also prohibited from owning or possessing a firearm under federal law.
Criminal convictions of any nature, but especially domestic violence offenses, can also impact a defendant’s ability to find work or housing. Potential employers or landlords who run a background check may refuse an applicant with a domestic violence conviction.
When sentencing an offender for a domestic violence offense, the court will take into account aggravating circumstances, like:
Domestic violence charges can be dropped, but it is critical to know that they will rarely ever be dropped merely because the alleged victim of the violence no longer wishes to Prosecute. Formal charges are brought by the state, and once the case has begun, convincing the prosecution to drop the charges requires a knowledgeable attorney with years of experience.
A person can defend against a domestic violence charge, however, the specific defenses available to a defendant will depend on the circumstances of his/her case.
Some common defenses include:
A conviction for a domestic violence offense can have a long-lasting impact on many aspects of a defendant’s personal life, including their personal relationships, parenting, and employment. It is always in your best interests to consult with a domestic violence defense lawyer about any allegations.
If you’ve been charged with a domestic violence offense, you should speak to an experienced domestic violence defense attorney at Shannon Smith Law, P.C. immediately. We will listen to your version of events, assess the strength of the evidence against you, and advise you of any defenses that may be available to you. Fill out an online submission form or call us at 248-636-2595 to schedule a free consultation today.