Domestic Violence Lawyers in Michigan – Bloomfield Hills Domestic Violence Lawyers Are Here to Fight For Your Rights
Domestic violence is a widespread problem that can be found in every level of society. Domestic Violence in Michigan homes can destroy relationships and families and lead to criminal charges. Domestic violence also has an impact on a range of family law matters such as divorce, spousal support, child support and child custody.
Michigan Domestic Violence Law
Michigan law, specifically MCL 750.81 defines domestic violence first offense as follows:
Domestic violence can be a single incident or a pattern of physical, emotional, sexual or even financial abuse. The penalties increase if a person has prior convictions for domestic violence (two prior offenses make the third offense a felony).
Domestic violence usually involves people who are intimately related, including married couples, partners, roommates and children. The difference between a regular charge of assault and battery and domestic violence is that the charge of domestic violence requires the additional element of relation (either spouse, former spouse, dating relationship, child in common, resident or former resident).
Under Michigan law, a victim of domestic violence can file for a personal protection order. A court can grant the order without a notice if irreparable injury, loss, or damage would result from the delay required to give notice or notice itself would precipitate adverse action before the order could be issued.
Once a PPO is issued, the responding party can file an objection to it but the objection must be filed within 14 days. If a responding party fails to object within 14 days then they must show good cause on their failure to file within the period prescribed.
The Court would then set the matter for a hearing to hear testimony from the parties, other witnesses and to consider the evidence that is presented. Once proofs are presented and each side presents their evidence, the court will make a ruling. The petitioner has to prove by preponderance of the evidence that the PPO should stay in place. Likewise, if a PPO is denied, the Court has to set the matter for a hearing within 14 days and\ it would be up to the petitioner to show by a preponderance of the evidence that a PPO should be issued.
A person who violates a PPO can face serious criminal penalties, including fines and jail time.
Domestic violence and divorce
Michigan is a “no-fault” divorce state but domestic violence could be an issue at the negotiation table or in the courtroom in a separation or divorce. For example, the “past relations and conduct of the parties” is a factor that a court may consider in determining spousal support and asset division. One could argue that they had no choice but to leave the marriage if there were allegations of domestic violence.
Also, even if it wasn’t directed against or witnessed by a child, domestic violence can be considered when deciding who will have physical custody of the children.
At the law firm of Paul J. Tafelski, P.C., we understand issues involving domestic violence. Our skill and experience in this area can be very helpful to a client dealing with domestic violence related litigation.
If you believe you are a victim of domestic violence, or if you have been accused of it, you should consult with a domestic violence attorney who understands the laws and the system, and who will work with you in a discrete fashion that protects your confidentiality.
For more than a decade, our attorneys have assisted clients throughout the state of Michigan in domestic violence cases. We are committed to serve clients in Oakland County, Macomb County, and Wayne County.
Contact Us Today
Call (248) 456-8243 today or contact us online for legal advice in family law matters.
With our background and experience criminal law and a genuine understanding of family law, we can assess your case and chart a course in the best interests of your family and your future.