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What is Domestic Violence in Michigan?

Domestic violence is a serious crime that includes a wide range of abusive behavior between people with intimate or familial relationships. If you are being charged with domestic violence in Michigan, it is crucial that you are adequately represented and understand your legal rights and options. Work with an experienced Marquette domestic violence lawyer for skilled legal advice and representation in your case.

What is Domestic Violence in MI?

Domestic violence is the crime of threatening, attempting, or causing physical or mental harm to an individual with whom you share a domestic relationship. Under MCL Section 400.1501, domestic violence in Michigan is defined as any of the following actions by an individual who is not acting in self-defense.

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

Who is Protected By Domestic Violence Laws?

The law may sound vague, so it is important to know what is considered domestic violence based on the relationship the parties involved share. Under Michigan law, this type of charge applies to family or household members, which can include:

  • A spouse or former spouse
  • An individual with whom the person lives or has lived with
  • An individual with whom the person has or has had a dating relationship
  • An individual with whom the person is or has engaged in a sexual relationship
  • An individual to whom the person is related or was formerly related by marriage
  • An individual with whom the person has a child in common
  • The minor child of any of the above individuals

In general, these laws can apply to any two people who share some sort of domestic relationship. Understanding how the relationship is categorized is important when considering criminal charges.

What Are the Penalties for Domestic Violence in MI?

If you are convicted, you can face a slew of legal penalties and consequences. The standard sentencing for domestic violence in Michigan is as follows.

  • First offense: Misdemeanor, up to 93 days in jail and fines of up to $500
  • Second offense: Misdemeanor, up to 1 year in jail and fines of up to $1,000
  • Third or subsequent offense: Felony, up to 5 years in prison and fines of up to $5,000

The actual penalties you incur will vary depending on important factors like the relationship between you and the victim, your age, the victim’s age, the nature and severity of the offense, and more.

For more information, reach out to an experienced criminal defense attorney today.

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