(810) 374-0240Michigan Domestic Violence Attorneys
The Attorneys at Manley & Manley in Flint, MI Will Take Your Domestic Violence Case Seriously
Are you facing domestic violence charges?
Domestic violence charges typically involve assault of a family member, including a spouse or child. A man or woman can be accused of domestic violence by a roommate or by a sexual partner, however.
Domestic violence cases can be extremely complicated for several reasons. The main reason often involves different accounts of the same events. The person charged with domestic violence might deny assaulting the person altogether. As a result, your case could become a matter of “he said-she said.” The criminal defense attorneys at Manley & Manley can help.
The standard for charging someone with domestic violence is often lower than the standard for assault and other violent crimes. Even if there is no physical evidence of abuse, you could still be charged. You might also be charged even if your accuser wants to drop the charges. In such cases, police departments and prosecutors might continue to press charges.
One of the most troubling aspects of domestic violence charges is the fact that many people are falsely accused. These cases sometimes arise out of child custody disputes and other divorce-related matters. Sometimes, the false allegation comes out of anger or jealousy. In many of these cases, the accuser recants, but the criminal charges won’t be dropped without a proper investigation.
Why Would Someone Make False Accusations?
Unfortunately, some people decide to use the police and the courts as a way to punish or manipulate another person or to get their way. People may try to leverage false allegations of abusive behavior in order to gain favor, either with law enforcement, a judge, or even from friends and family.
Some common reasons people may make false allegations include the following:
Divorce or Separation
It is not uncommon for claims of abusive behavior to arise when a couple nears divorce or separation. This abuse can be to force family and friends to “pick sides.” Someone may make these claims against you in order to “punish” you by making your life more difficult.
Someone may make these false claims to gain favor in divorce court. Painting you as an abusive or “bad” person may gain them favor with the judge and even law enforcement, making it harder for you to receive fair treatment while navigating a divorce.
Child Custody
While it is an absolutely disgusting act, it is not unheard of for a scorned spouse to make claims of domestic abuse in order to damage your reputation or increase their standing in family court. The alleged victim may claim that you abused them or one of your children.
As you can imagine, family courts will not want to trust an abusive parent with the custody of children. It is their job to ensure the safety and future of children by choosing the most stable, safest parent to have custody. The courts will not always be able to wait for an actual guilty verdict when deciding child custody, so even an accusation can ruin your chances of a fair trial.
Revenge
While it may sound incredibly immature for someone to make such horrid claims for something as simple as revenge, you can count on the fact that there is someone out there who would make such claims if they feel like it would hurt you.
We live in a society where we expect to be treated as innocent until proven guilty. However, if someone accuses you of domestic violence and you are actually charged, you will need to spend the time and resources to prove your innocence as well as regain your reputation.
What is the Penalty for a Domestic Violence Conviction?
Domestic violence charges can have serious consequences. A mere accusation or arrest can tarnish someone’s reputation. If you are convicted of domestic violence, you could be fined and face time in jail. You could even lose custody of your children in certain cases. If you are convicted of domestic violence in Michigan, you could face the following penalties under Michigan law:
First Domestic Violence Conviction
(Misdemeanor)
- Up to 93 days in jail
- Up to $500 fine
- Prohibited from possessing a firearm or ammunition for 8 years per Michigan law
- Prohibited from possessing a firearm or ammunition per Federal law
Second Domestic Violence Conviction and Aggravated Domestic Assault Charges
(Misdemeanor)
- Up to 1 year in jail
- Up to $1,000 fine
- Prohibited from possessing a firearm or ammunition for 8 years per Michigan law
- Prohibited from possessing a firearm or ammunition per Federal law
Third Domestic Violence Conviction, and Second Aggravated Domestic Assault Conviction
(Felony)
- Up to 5 years in prison
- Up to $ 5,000 fine
- Loss of the right to possess a firearm or ammunition pursuant to State and Federal law
The Social Impact of a Guilty Verdict
Jail time, prison time, a criminal record, loss of gun rights, and paying fines are all well-defined punishments as laid out by Michigan law, but something important to remember is the social cost of being found guilty of something like domestic violence.
A conviction of any kind can have a ripple effect that impacts your life in ways one might not expect. Did you know certain professional licenses can be revoked if you are convicted of a domestic violence crime? If you lose your professional licenses, will you be able to work and supply for yourself and your family? Is your insurance tied to your employment?
Many misdemeanors and even some felonies are commonly overlooked when trying to pass a background check, either for employment or rental housing. This is not always true for domestic abuse convictions because they are considered a “violent” crime. Keep in mind that even if you are not guilty of physically abusive behavior, you can still be found guilty of domestic violence if you don’t play your cards right.
That’s right; because of the nature of domestic abuse claims, you do not have to be found guilty of actually making physical contact with someone in your household. This means that if your spouse accuses you of threatening behavior, verbal abuse, or emotional abuse and you are found guilty in a court of law, you can face all of these penalties, as well as the social implications of being labeled a domestic abuser.
It may seem unfair and even shady, but if a local publication, let’s say, your city’s newspaper, reports on your domestic violence conviction or even your being charged, the social impact may start immediately. Being found guilty in the eye of public opinion can have just as many ramifications as being found guilty in a court of law.
What Are Some Examples of Domestic Violence?
It is important to understand what is considered domestic violence.
Here are some of the types of domestic abuse allegations that someone could face.
Physical Abuse
Physical violence can include hitting, slapping, pushing, grabbing, biting, hair pulling, or other kinds of non-consensual touching. Physical abuse can also include denying a partner or child medical care or forcing drugs or alcohol on them.
Sexual Abuse
Coercing any non-consensual sexual contact or non-consensual sexual behavior can be seen as sexual assault. Marital rape, attacks on sexual parts of the body, coercing sex after physical violence, or sexual degradation or humiliation all fall under the scope of sexual abuse.
Emotional Abuse
Attacking someone’s sense of self-worth can be seen as emotional abuse. Emotional abuse covers a wide range of negative behaviors, including constant criticisms, insults, diminishing someone’s self-worth, and/or threatening someone’s safety.
Economic Abuse
Restricting a person’s access to resources, such as money, credit, assets, or financial information, is a form of economic abuse. Economic abuse is often used as a method of controlling someone by making them dependent on their abuser.
Also, using someone’s personal financial resources for their own gain is another form of economic abuse. These facts are often times used by prosecutors as evidence in a domestic violence case to prove that the assault actually happened.
What Should You Do If You Are Accused of Domestic Violence?
It is important to remember that simply being innocent will not be enough to escape false allegations of abuse. You will need to provide your side of the story if you are charged with any kind of domestic violence charges, a lengthy process that can be emotionally as well as financially draining.
As with most things, it is important to remain calm. You may feel like you need to immediately prove your innocence to your friends, family, and law enforcement. Give yourself some time to breathe and come up with a plan. If law enforcement attempts to engage you before you have had a chance to speak with an attorney, invoke your right to remain silent. Even if they are friendly:
Don’t Give a Statement!
Do not give a statement to the police unless you have your lawyer present. Giving a statement without speaking to an attorney can lead to you being overwhelmed by police questioning or even lead to you accidentally incriminating yourself for a crime you have not committed. You should call Manley & Manley to speak with our experienced team of domestic violence attorneys. Once you have a chance to go over the plan with your attorney, we can assist you, if helpful, give a statement to the police.
Comply With the Investigation
Now that you have an attorney, we will work with law enforcement in a professional manner to ensure your side of the story gets heard.
Gather Evidence and Support
It is important to start building your defense as soon as possible. You can build a solid defense by gathering evidence and gaining support. Support can come in the form of relatives, friends, coworkers, and even neighbors who are willing to give testimony regarding your character. These people may even be able to debunk some of the accusations against you with witness statements.
Evidence can come in the form of audio and video recordings, photos, text messages, phone conversations, and your own account of how things actually happened. Working with a criminal defense attorney can help you determine what is and isn’t good evidence, as well as the legal methods you can use to acquire that evidence.
Start Therapy
This accusation is going to be a painful process with many trials and tribulations. It may seem like enrolling in some sort of therapy is somehow an admission of guilt, but that is actually contrary to the truth. Seeking therapy can help you cope with the process of facing domestic violence charges. Your therapist may even be able to give you a professional character testimonial, vouching for your innocence.
Best of all, your therapist will likely give you the skills necessary to cope with the anger and sadness you may be feeling, which will help you control your emotions if your accuser attempts to engage in an altercation with you.
What Should You Do if a Child Falsely Accuses You of Abuse?
Being accused of abuse by a child is one of the worst things that can happen to a person. We are predisposed to protect children and to take their word at face value in order to protect them. This inclination can make it more difficult to defend you against false domestic violence accusations. That is why you need the team at Manley & Manley.
Unfortunately, it is not uncommon for one parent to poison their child against another parent when it comes to child custody.
If you are accused of this serious crime, it is important to remain calm and call Manley & Manley. Child protective services will usually be involved in such an investigation. Manley & Manley’s domestic violence defense attorneys can help guide you through the investigation. This investigation is definitely something you don’t want to face without legal representation.
Should You Try to Reason with Your Accusor?
Regardless of who accuses you of any kind of domestic violence, you should not try to communicate with them. Even if you think you can get through to them.
Someone who makes false accusations is not a reasonable person. Therefore, it will be next to impossible to reason with them. This person likely wants you to engage, and if they have already gotten a personal protection order, then you could find yourself on the wrong side of the law, making it even harder for you and your domestic violence criminal defense attorney to prove your innocence.
It is best to avoid communicating with your accuser. If they attempt to contact you, inform them that you are not available to speak with them and that any information they want to give to you or get from you can be done through your attorney. Remember that they may try to engage in an argument with you and attempt to get your temper to flair in order to prove you are a “violent” person.
It’s best to just let your lawyer handle communication.
Why Should You Hire Manley & Manley for Your Domestic Violence case?
Even if you know you did nothing wrong, the police, the prosecutor, the judge, and the jury might see things differently. You don’t have to confront such a difficult ordeal on your own. Talk to an experienced Michigan domestic violence lawyer today. As you can see, your innocence may heavily rely on building a strong defense case as soon as possible. Collecting evidence, speaking with experts who can help prove your innocence, and gathering character witnesses and testimony all take time.
When it comes to a false claim against your character, experienced domestic violence attorneys will take the time to debunk the prosecution’s evidence and prove who the real guilty party is.
The Michigan criminal defense attorneys at Manley & Manley have defended clients charged with domestic violence throughout Michigan. We understand how the legal system works and how domestic violence cases are prosecuted, and we have the case results to prove it. Call 810-374-0240 to speak with the team experienced with beating domestic assault cases. Call today to schedule your confidential consultation.