Despite the fact that one of the dearest rights as an American citizen is to be innocent until proven guilty, charges of domestic violence can have a tremendous amount of stigma. Pressure from politicians and groups helping victims of abuse prompt prosecutors to take cases all the way to trial, and the threat of substantial jail time is real. That’s why it’s important to hire the best domestic violence defense attorney in Michigan when you’ve been accused of this serious offense.
Domestic Violence Laws In Michigan
Michigan Penal Code Section 750-81 – Assault or Assault and Battery, defines the term “dating relationship” to describe when a regular assault becomes domestic violence as when your spouse, your ex-spouse, your co-parent, somebody you currently or formerly shared a home with or somebody that you have or had a dating relationship with is involved. The fine and prison time is the same as other assaults, but there are additional collateral consequences that apply after a conviction such as restrictions on owning a firearm, immigration consequences for non-citizens and repercussions with employment, security clearances and eligibility for scholarships. That’s why you need to hire an experienced Michigan domestic violence defense attorney who knows how to stand up to the prosecutor and present a strong defense that can result in special handling, dropped charges, reduced charges or acquittal.
Defenses To Domestic Violence Charges
With the consent of the prosecutor and the victim, some first-time offenders may qualify for a special program under Michigan Criminal Law 769.4a that allows them enter a plea of guilty, which the court will treat as a probation, ordering anger management, family counseling, random drug/alcohol testing and other types of required interventions. If you don’t qualify for this program there are many defenses available including:
- Attacking the false accusations of the accuser with relevant information such as exposing that the charges were fabricated in an attempt to gain and advantage for a divorce or child custody contest;
- Self-defense;
- Defense of others and
- Attacking the credibility of the accuser, especially where the accuser and accused are the only witnesses, creating a “he said, she said” situation.
Domestic violence are charges are serious due to life altering consequences of a conviction or plea. That’s why it’s important to hire the best Michigan domestic violence attorney to mount your defense.
If you need any help with charges relating to violence against a family member, call Shawn today at 616-438-6719. The call is free so you have nothing to lose.
The First 48 Hours Decide More Than You Think
Almost every domestic violence case I take has at least one avoidable problem created in the first two days — a statement to police, a text to the accuser, a deleted message thread. None of them felt like a mistake at the time. Here is the short version of what to do.
1. Stop talking. Ask for a lawyer, out loud.
Michigan police operate under a mandatory arrest policy. Once officers have probable cause, someone is going to jail, and no explanation you give is going to change that. What your explanation can do is supply the element the prosecutor is missing. "I barely touched her." "I only grabbed her arm to stop her leaving." Those sentences are confessions to a battery. Say clearly that you want a lawyer and then stop.
2. Do not contact the accuser. At all.
Not to apologize, not to sort it out, not to ask them to drop it. Bond conditions will include a no-contact order, and it binds you even if they reach out first. Asking them to recant can be charged as witness tampering or obstruction — a far more serious problem than the original allegation. And it will not work anyway: in Michigan the prosecutor decides whether charges proceed, not the complaining witness.
3. Document your own injuries today.
If you were defending yourself, your body is evidence. Photograph everything the same day, with good light, and again in 48 hours when bruising fully develops. Get seen medically even if you feel fine, so there is an independent record with a date on it. This is the single highest-value thing you can do for a self-defense case, and it is impossible to recreate later.
4. Preserve everything — and delete nothing.
Messages before the incident often show who was escalating. Messages after it often show an accuser whose account is shifting. Back up entire threads in context; screenshots of three lines are worth much less. Never delete anything, even something embarrassing. Deletion looks like consciousness of guilt and it is usually recoverable anyway.
5. Write down what happened, and give it only to your attorney.
Do it now, while it is fresh: the sequence, who else was there, who called 911, what was said, what you had to drink, what the layout of the room was. Give it to your lawyer. Do not post it, do not email it to family, and do not put it in a message to anyone else — those are not privileged and they are discoverable.
6. Call an attorney before arraignment.
Arraignment happens within 24 to 48 hours, and it is where bond and bond conditions are set — including whether you can go home and whether you can see your children. Conditions are much easier to shape at the outset than to modify weeks later. See how a Kent County DV case moves.
What Not to Do
- Do not post about it. Anything on social media will be read to a jury.
- Do not go back to the house for your belongings on your own — ask the court for a civil standby.
- Do not have a friend or relative pass along a message. Third-party contact is still contact.
- Do not assume it will go away because "they said they'd drop it."
- Do not plead guilty at arraignment to get it over with. A misdemeanor DV conviction costs you your firearms for life federally and eight years under Michigan law — see gun rights after a DV conviction.
Then What?
Once the immediate damage is contained, the case gets defended on the evidence: the 911 audio, body camera footage, medical records, message history, and the inconsistencies between what was said that night and what appears in the report. If this is a first charge, there may be a path to dismissal through the MCL 769.4a deferral. Start with my Grand Rapids domestic violence defense guide, or call me at 616-438-6719.
Frequently Asked Questions
What should I do first if I am accused of domestic violence?
Stop talking to police and ask for a lawyer, out loud and clearly. Do not contact the accuser. Photograph any injuries you have and preserve every message, both before and after the incident. Then call a defense attorney before your arraignment, because bond conditions are set within 24 to 48 hours and they are far easier to shape than to change later.
Should I explain my side to the police?
No. Officers responding to a domestic call are not deciding whether to arrest — under Michigan’s mandatory arrest policy, that decision is largely made once they have probable cause. Explaining "I only pushed her away" confirms the element the prosecutor needs. You cannot talk your way out of a domestic arrest, but you can absolutely talk your way into a conviction.
Can I talk to my spouse or partner about the case?
Not while a no-contact order is in place, and one almost certainly will be. The order binds you even if they contact you first, and even if you both want the case to go away. Any contact can revoke your bond and hands the prosecutor evidence. Route everything through your attorney.
What evidence should I save?
Photographs of your own injuries, taken the same day and again 48 hours later when bruising develops. Complete text and messaging threads in context, not screenshots of isolated lines. Names of anyone who saw or heard the incident, or who saw either of you shortly before or after. Records showing where you actually were. Preserve it — never delete anything, which looks like consciousness of guilt.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend domestic violence cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and the earlier I am involved the more options you have. Call 616-438-6719 or send me a message.