What Happens After the Police are Called for Domestic Abuse?

What Happens After the Police are Called for Domestic Abuse?

Domestic abuse is a common occurrence in Michigan and other parts of the country. Some people consider it strictly a family matter, but it is not — it is a crime. 

It is common for people to be confused about domestic violence. They may think it only applies if they hit or physically assault their spouse. Under Michigan law, verbal threats apply too, and the victim can be a:

• Spouse or former spouse
• Person they are dating or used to date
• Child in common
• Resident or former resident of the same household

Domestic violence is punishable by a $500 fine and 93 days in jail, so it is no laughing matter. If the police are called for domestic abuse, you could be in a lot of trouble. Read on to see what could happen.

Investigation

When police are called to the scene of an argument, Michigan law requires them to investigate the matter. If they have probable cause, they will arrest the person accused of abuse. Probable cause is typically based on the caller’s statements and accusations. 

The Arrest

If you are arrested, officers should inform you of your Miranda rights. Do not answer any questions; remain silent and call a defense lawyer right away. A lawyer can represent you in a domestic violence case.

Criminal Charges

Police officers will forward an incident report to the prosecutor. If the prosecutor finds enough evidence, the state will charge you with domestic violence. It does not matter if the victim does not want to press charges; once the police are called, they will take over as they see fit.

The specific charges you could face will depend on the alleged circumstances. You could face misdemeanor or felony charges. The court may order a no-contact order, which can have many consequences. You will not be able to contact the victim at all. You cannot go back home, which means you will be forced to stay away from the victim and any children. A no-contact order may even affect your ability to work. 

Defense

Michigan law takes domestic violence very seriously. The penalties for a conviction can include incarceration, probation, and fines. You want a defense lawyer on your side who has experience fighting domestic violence charges. 

The evidence is often minimal, so this can work in your favor to some degree. However, challenging a he-said, she-said scenario is very challenging. Your lawyer will need to work to prevent the prosecutor from proving your charges beyond a reasonable doubt. If your lawyer succeeds, you may be able to get your charge dismissed.

If you decide to plead guilty to your charges, your defense lawyer can negotiate the most favorable plea deal possible with the prosecutor. 

Contact Us Today

Domestic violence is taken seriously in Michigan. You could face jail time and fines if you face charges. Seek legal help from the experienced Michigan domestic violence lawyers from Lucido & Manzella, P.C. We will assess your case and help you get a favorable outcome. Schedule a consultation by calling (586) 228-3900 or filling out the online form.