How Can I Defend Against Domestic Violence Charges in Michigan?

Domestic violence is a serious crime that affects millions of individuals across the country each year. While most cases go unreported, a small percentage of accusations are false. Domestic violence accusations in Michigan can result in life-changing consequences, so it is crucial that you understand how to defend against your charges. Continue reading for more information and reach out to a Marquette domestic violence lawyer to obtain skilled legal advice today.

What is Domestic Violence?

Domestic violence is a category of criminal offenses that occur between individuals who share a domestic relationship. Michigan law states that domestic violence occurs between an offender and a family or household member. A family or household member can include a current or former spouse, a current or former member of the same household, a current or former romantic partner, an individual with whom the offender has engaged in a sexual relationship, an individual to whom the offender is or was related to by marriage, an individual who shares a child with the offender, or the minor child of any of these people.

Under Michigan law, any of the following acts can be considered domestic violence, given that they occur between family or household members.

• Causing or attempting to cause physical or mental harm
• Placing a person in fear of physical or mental harm
• Causing or attempting to cause a person to engage in involuntary sexual activity by force, threat of force, or duress
• Engaging in activity toward a person that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested

How Can I Defend Against Domestic Violence Charges in MI?

Domestic violence charges can be complicated, as there is often little evidence besides the stories that each individual involved tells. Below are some of the most effective defenses you can implement in your case.

1. Self-defense: If you reasonably believed that you were facing immediate harm, you could argue that you were protecting yourself or someone else and did not commit a deliberately violent act against the other party.
2. False allegations: If the other party wanted to get back at you or get a leg up in custody or divorce negotiations, the allegations could be entirely made up. In this case, you can challenge the credibility of the argument and story.
3. Lack of sufficient evidence: Prosecutors must have sufficient evidence to prove that you truly committed every element of domestic violence. If there is insufficient evidence or their argument relies on hearsay, you could point out the weakness of the case.
4. Accident: It is possible that the injury was caused by mistake, not a deliberate act of violence. You could argue that you acted without intent to cause harm.
5. Consent/mutual combat: If both parties agreed to fight or engage in a physical confrontation, and you were not the primary aggressor, it could prove that you did not commit one-sided violence against the individual.

Consult with an experienced criminal defense attorney for more information and skilled legal advice during your case.