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A person commits domestic violence by assaulting a current or former spouse, an individual with whom the person is or was in a dating relationship, an individual with whom the person has a child, or a current or former resident of the person’s household. 

Domestic Violence crimes are misdemeanors (unless it is a Domestic Violence 3rd Degree, that is a Felony).  Domestic Violence crimes fall under MCL 750.81a.

DEFINITION 
DOMESTIC VIOLENCE

  • Dating relationship – is defined as frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

PENALTY
DOMESTIC VIOLENCE

Domestic assault and domestic battery are misdemeanors punishable by up to 93 days in jail and a $500 fine, if the person has no prior convictions for domestic violence crimes. 

If the assault involves neither a weapon nor the intent to murder but causes serious or aggravated injury, the person is subject to up to a year in jail and a $1,000 fine.

If the person convicted of domestic assault or domestic assault and battery has a prior conviction for committing any of the following offenses against a current or former dating partner, current or former spouse, current or former household resident, or a co-parent, the new conviction may be punished by up to one year in prison or a $1,000 fine, or both. 

If the defendant has two or more such prior convictions, the new domestic assault or domestic assault and battery conviction may result in a prison sentence of up to two years in prison, a $2,500 fine, or both.

DEFENSE
DOMESTIC VIOLENCE

The most common strategy in these cases is self-defense, since all individuals have the right to respond with a reasonable level of force when under physical attack. Blank Law, PC helps clients argue in court that an alleged incident of domestic abuse was simply a situation where they only sought to protect themselves.

Another example of a potential defense to a domestic violence charge is that the accuser of the incident was not a household member under the definition provided by law.

3150 Livernois Rd. Suite 126
Troy, MI 48083
(248) 515-6583
law@nicoleblankbecker.com

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