Domestic violence is one of the most complicated crimes committed by people in a relationship. While we have already discussed that domestic violence refers to physical violence and mental, emotional, and financial violence, there are other forms of domestic violence in legal view. There are other apps that a person may do that would constitute domestic violence or could be part of domestic violence.
Here at Haque Legal, our Southfield domestic violence attorneys want to be as clear as possible regarding our domestic violence laws and your rights. Let us begin.
Assault and Battery
One of the most common and known domestic violent types of crime falls under assault and battery.
According to the Michigan Legal Handbook on Domestic Violence, the following are the definitions to remember:
- “An “assault” is an intentional attempt or threat to injure another person, along with an apparent present ability to do so, and any deliberate display of force that would give the victim reason to fear or to expect immediate bodily harm.
- “Battery” is the actual application of force against another person. It’s when your partner hits, bites, spit at, pushes, grabs, kicks, or shoves you.”
Under this kind of domestic violence is the crime of Domestic Assault or Domestic Assault and Battery. This is the crime committed when the assailant commits an assault or batters someone he is dating or someone he dated in the past, his wife or former wife, someone he currently lives with, and someone he shares a child with.
On the first conviction of domestic assault or domestic assault and battery, the crime would be fined, and the assailant would be sentenced to jail. The fine would be a $500 fine, while the prison sentence would be 93 days in prison.
The penalties are even higher on the second conviction of domestic assault or domestic assault and battery, and there is a longer jail sentence.
The other types of assault and battery under domestic violence include the following:
- Aggravated domestic assault (MCL 750.81a);
- An aggravated assault;
- Felonious assault/assault with a dangerous weapon (MCL 750.82);
- Assault with intent to commit murder (MCL 750.83);
- Assault with intent to commit great bodily harm less than murder (MCL 750.84); and
- Assault with intent to maim (MCL 750.86).
Stalking
The crime of stalking is not often talked about when discussing domestic violence.
However, according to the Michigan Legal Handbook on Domestic Violence, stalking is part of domestic violence.
There are two categories of stalking in Michigan: misdemeanor stalking and felony stalking.
Misdemeanor Stalking
Different acts constitute misdemeanor stalking, such as the following:
- Intentional repeated, unwanted contact – If the person you were in a relationship with already told you that things are over and have broken off your relationship. You continue to contact them and two or more separate acts without their permission; this can qualify as misdemeanor stalking.
- Your intentional, repeated, and unwanted contact must cause a reasonable person to feel frightened, terrorized, threatened, intimidated, harassed, or molested and
- Your actions must cause the victim to feel that way.
The penalty for misdemeanor stalking varies depending primarily on the age of the victim and the acts that you committed that constitute stalking.
Felony Stalking
Felony stalking or the felony of underrated stalking is aggravated misdemeanor stalking that is characterized by the following acts:
- Making a threat to kill or injure the victim or a member of his family. The threat must be credible enough to be believed by the person being stalked and that it should cause fear in the victim’s mind.
- If there is already a personal protection order or a restraining order issued by the court against the stalker it would be considered as felony stalking if the act continues despite the order.
- There are also felonies talking when there is a bond violation or a provision of a person who has already been previously convicted of aggravated stalking.
Criminal Sexual Conduct
Another crime that is considered domestic violence comes in the form of criminal sexual conduct. There is criminal sexual conduct when the assailants do sexual things that hurt their partner. This would include forced or coerced touching or forced or coerced sexual penetration in one of the partner’s orifices.
Criminal sexual conduct is a kind of crime under domestic violence that is genderless. It applies to relationships that are male on male and female on female. The controlling act that constitutes the crime is forced or coerced touching or forced or coerced sexual penetration.
In Michigan, there are four degrees of criminal sexual conduct, and each of them comes with its own set of penalties. The first degree up to the third degree is considered a felony and comes with very stiff penalties, while the fourth degree is regarded as a high court misdemeanor.
Dealing With Domestic Violence
If you have committed domestic violence or need help prosecuting one, it is essential to know that you also have a team of Southfield criminal defense lawyers to help you with your specific needs. The legal consequences of domestic violence are dire and must be addressed as soon as possible. Our law firm is dedicated to ensuring that the law will protect those who are innocent and the full extent of justice will be used.
Disclaimer:
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’ve been charged with a domestic violence crime, you need a Southfield criminal defense lawyer on your side, 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.
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