Domestic violence is a problem in many nations. In the United States, the domestic violence law is punished on a federal level as well as a state level.
In this article, we reiterate some facts about domestic violence in Michigan.
In 1994, the United States Congress passed a law called Violence Against Women Act (“VAWA”). VAWA recognized domestic violence as a national crime.
According to the United States Department of Justice Website, all the federal domestic violence crimes are felonies. The following acts are considered as federal domestic violence crimes:
- “to cross state lines or enter or leave Indian country and physically injure an “intimate partner”;
- to cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States (this includes military bases and Indian country); and
- to cross state lines to enter or leave an Indian country and violate a qualifying Protection Order.”
It is also in Federal law that the definition of an intimate partner has been properly described by the federal government. To wit, an intimate partner is “a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.”
Types of Domestic Violence Charges in Michigan
There are different domestic violence charges in Michigan. The application of the law is couched in the assault and battery statutes that already exist for a long time. The charge of Assault and Battery is the common charge against individuals who are said to be guilty of the crime of domestic violence in Michigan.
By definition, however, there are a couple of differences in the charges of Assault, Assault and Battery, as well as the charge of Domestic Violence.
For one, Assault is the intentional illegal act that caused another to reasonably fear an immediate battery. Assault and Battery is the intentional, forceful, violent, or offensive touching, however slight or minor, of another, or something closely connected with the person of another. The same elements are present in the case of Domestic Violence but the parties involved are clearly defined.
Who are the parties in a domestic violence case?
In a domestic violence case, the following are the parties:
- Former spouse;
- Head of the victim’s household;
- A person with a child in common with the victim; and
- A person with whom the victim had a dating relationship.
What are the types of Domestic Violence Charges in Michigan?
Michigan has two categories for domestic violence cases – there is domestic assault and there is aggravated domestic assault. The difference lies in whether the victim was gravely injured or sustained grave physical injuries. It is up to the District Attorney to determine the gravity of the charge.
There are also more penalties that may be added by the prosecutor to the felony. There are some cases of weapons charges, intent to inflict great bodily harm, and strangulation.
What happens if the victim no longer wants to press charges?
If the prosecutor had already filed and initiated the charges, the process is in motion. No matter what happens, the prosecution will most likely continue with the charges.
If the case has not yet been filed and the parties are discussing or have settled with the lawyers, the case may not continue.
This is why getting the right lawyer for your defense is important if you have been charged with domestic violence in Michigan.
Get Yourself a Good Lawyer
Here at Haque Legal, we always tell potential clients that the best thing that they can do in case of a case filed against them is to get themselves a good lawyer at the beginning of the proceedings. Even when you are just filling up forms or when you think that you already have a dispute, you can always get yourself a good lawyer to get started with the process
The first great thing that you can do is to make sure that you have a good guide when it comes to dealing with legalities. After all, you are fighting for your freedom and your life.
Contact Your Lawyer
If you have been involved in a criminal complaint in Michigan, you need to contact your law firm. A lawyer can help you get started with properly protecting your rights. A lawyer at Haque Legal will see to it that your needs are met from the beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out
If you are having trouble with the law about a possible charge of a sex crime or you want a lawyer to help you with the representation, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.