Top Howell, MI Domestic Violence - Criminal Lawyers Near You
1120 E Long Lake Rd, Suite 250, Troy, MI 48085
In Howell, Michigan area, Khamo Law, PLLC can help clients with their Domestic Violence - Criminal needs.
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3150 Livernois, Suite 115, Troy, MI 48083
When you need legal representation for your Domestic Violence - Criminal, connect with Law Office of John Freeman, PLLC in Howell, Michigan.
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2000 Town Center, Suite 2350, Southfield, MI 48075
For those working through a Domestic Violence - Criminal issue in the Howell, Michigan area, Lewis & Dickstein, P.L.L.C. can be your partner in law.
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101 E Grand River Ave, Fowlerville, MI 48836
Other Nearby Offices
Assisting people in Michigan with their Domestic Violence - Criminal needs. Learn More.
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17515 W 9 Mile Rd, Suite 250, Southfield, MI 48075
522 N Main St, Suite 200, Milford, MI 48381
28175 Haggerty Rd, 110, Novi, MI 48377
3150 Livernois Rd, Suite 126, Troy, MI 48083
613 Abbott St, Suite 150, Detroit, MI 48226
44 1st St, Mount Clemens, MI 48043
39111 West Six Mile Road, Livonia, MI 48152
26339 Woodward Ave, Huntington Woods, MI 48070
1775 W. Big Beaver Road, Troy, MI 48084
4000 Town Center, Suite 1350, Southfield, MI 48075
17197 N. Laurel Park Drive, Suite 201, Livonia, MI 48152
1441 West Long Lake Road, Suite 310, Troy, MI 48098
201 S Main St, 5th Floor, Ann Arbor, MI 48104
1000 S. Old Woodward Avenue, Ste 103, Birmingham, MI 48009
301 West Fourth Street, Suite 430, Royal Oak, MI 48067
350 South Main Street, Suite 300, Ann Arbor, MI 48104
30445 Northwestern Highway, Suite 225, Farmington Hills, MI 48334
6050 Greenfield Road, Suite 201, Dearborn, MI 48126
444 S. Washington Ave, Royal Oak, MI 48067
276 S Union St, Plymouth, MI 48170
32398 Woodward Ave, Royal Oak, MI 48073
Howell Domestic Violence - Criminal Information
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What Is Criminal Domestic Violence?
Criminal domestic violence occurs when a spouse or partner commits an act (or willfully threatens with the reasonable capacity to commit an act) of violence against the victim. Sexual abuse, spousal rape, intimate partner violence, battery and assault are all in territory nearby to criminal domestic violence, and charges spurring from such allegations often take these forms as well.
Under the expanded protections afforded to victims of domestic violence via the 1994 Violence Against Women Act (VAWA), emotional abuse, economic abuse (controlling finances to control behavior and force compliance from the victim) and psychological abuse can all be considered to be forms of domestic violence.
What Is The Difference Between Civil vs. Criminal Domestic Violence?
While criminal domestic violence, and charges pertaining to any number of offenses beneath that legal umbrella, are heard in criminal court, there are civil remedies available.
Civil courts are generally called upon, in alleged situations of domestic violence, to produce a restraining or protective order in favor of the alleged victim. Such an order may call for the defendant to maintain a physical distance from the victim and other family members, and violation of this civil order can result in immediate criminal charges.
Criminal domestic violence cases have a much higher burden of proof to clear. The onus is placed on the plaintiff to prove beyond any reasonable doubt that acts of abuse did occur. Civil courts have a much lower standard of proof in terms of awarding protective orders or restraining orders, but it is a common defensive strategy employed by alleged victims to set such boundaries before proceeding to a criminal case if deemed necessary.
Is Criminal Domestic Violence a Felony?
Acts of criminal domestic violence can be charged as either felonies or misdemeanors, depending on the specific nature of the charges as well as the jurisdiction. Cases heard in federal court are almost always prosecuted as felony charges.
At the state level, domestic violence charges can range from misdemeanor offenses to felony offenses. In some states, both third degree and second degree domestic violence charges are classified as misdemeanors, with first degree domestic violence and domestic violence of a high and aggravated nature (DVHAN) being classified as felonies.
It should be mentioned that domestic violence charges could also be classified as sexual abuse, battery, aggravated battery, or similar, rather than as strictly related to domestic violence.
What Is the Penalty for First-Degree Criminal Domestic Violence?
Federal domestic violence charges typically relate to the underpinning crime, although protections afforded via VAWA allow for additional charges to be appended to larger offenses. Battery, aggravated battery and sexual abuse charges can lead to 20 years to life in prison if you are found guilty of more serious offenses.
At the state level, punishments in response to first-degree (or aggravated) criminal domestic violence typically range from two years behind bars to up to 10 years imprisonment.
What Are Other Penalties for Criminal Domestic Violence?
With third and second degree domestic abuse charges being more common than first-degree or aggravated domestic abuse charges, penalties are less severe than those listed above. Domestic battery is sometimes listed as a first degree misdemeanor with a potential punishment, for those found guilty, of up to one year in county jail. Probation and a fine of up to $1,000 may also be a penalty for domestic violence.
How Can a Lawyer Help With Criminal Domestic Violence Charges in Michigan?
All charges of domestic violence — felony or misdemeanor — should be taken seriously. A conviction could result in a sizable jail or prison sentence in addition to substantial fines and restitution.
An experienced criminal defense attorney familiar with case law pertaining to domestic violence can help guide you through the facts and discuss the material evidence to craft the best case possible.
An attorney can also often resolve your particular legal issue faster and better than trying to do it alone. A lawyer can help you navigate the legal system, while avoiding costly mistakes or procedural errors.