Michigan Family Law Attorney Assisting Clients with Domestic Violence Cases in Troy
Domestic violence takes many forms, from physical abuse to emotional abuse to stalking. No matter how old you are, or how long you have been in a relationship, domestic violence can affect you and your family. A Troy family law attorney can help.
Understanding How Michigan Law Defines Domestic Violence
How does Michigan law define domestic violence? Under the Domestic Violence Prevention and Treatment Act, domestic violence can include any of the following behavior toward a family member or a household member:
- Causing or attempting to cause physical or mental harm;
- Place in fear of physical or mental harm;
- Causing or attempting to engage in involuntary sexual activity by force, threat of force, or duress; and/or
- Engaging in activity that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
As you can see, the law considers certain actions or behaviors to be forms of domestic violence when they involve actual violence as well as threats of violence. The law clarifies that any of the following individuals can be victims or perpetrators of domestic violence:
- Former spouse;
- Dating relationship;
- Former dating relationship;
- Child in common;
- Resident of the same household; and/or
- Former resident of the same household.
What Crimes Constitute Domestic Violence in Troy, Michigan?
As we noted, domestic violence can take many forms. Common criminal charges arising out of domestic violence situations include but not limited to:
- Domestic assault: this offense can be either a misdemeanor or a felony, depending upon whether there is a history of previous domestic assault convictions;
- Aggravated domestic assault: this offense can also be either a misdemeanor or a felony;
- Stalking: any kind of unconsented contact may constitute stalking in Michigan, and penalties can include a monetary fine and/or jail time; and
- Aggravated stalking: in certain conditions, the crime of stalking can rise to the level of a felony offense, coming with a term of imprisonment of up to five years and a monetary fine of up to $10,000.
Domestic Violence and Troy Divorce Cases
Domestic violence certainly can occur outside a marriage, but it often happens or is alleged between spouses. If you have children from the marriage, it is important to understand that allegations of domestic violence can significantly impact child custody issues, and one parent’s rights to parenting time may be limited when there is a domestic violence conviction or a history of domestic violence.
If you have been a victim of domestic violence and are concerned about your own safety during the divorce process or the safety of your children, you should learn more about your options from a Troy family law attorney. Domestic violence victim can be eligible for a personal protection order (PPO), which can prevent contact from an alleged abuser on a temporary or permanent basis. You do not have to be in the process of getting divorced to be eligible for a PPO.
Discuss Your Case with a Domestic Violence Attorney in Troy, Michigan
Whether you are facing domestic violence charges or have been the victim of domestic violence, it is important to know that Michigan courts take these cases very seriously. If you need help obtaining a PPO or building a defense against domestic violence charges, you should reach out to a Troy domestic violence attorney as soon as possible. Contact the law office of Paul J. Tafelski today.