- A popular TV show aimed at preventing "domestic violence" airs.
- The TV show, while targeting "domestic violence," talks about things (such as anger issues, control issues, etc.) that are indeed oppressive and constitute abuse, but are nevertheless certainly far from the LEGAL definition of the crime of domestic violence.
- A viewer of the show who believes he or she has been oppressed or abused (but who legally has not actually experienced domestic violence under Michigan law) begins to develop a mentality that they will call the police the next time a particular person makes them feel this way.
- A heated argument develops, and they decide to call the police. The police arrive, and that particular person is arrested based on a preliminary, prefunctory investigation.
- The alleged offender waits in Jail to be arraigned because of special rules for domestic violence in Michigan. He or she is informed that domestic violence charges will be brought, and that the Court will be involved. A No Contact Order is signed by a Michigan District Court Judge. Now these two people cannot even live in the home together, or even talk over the phone.
- Realizing that the seroiusness of the criminal domestic violence charge far outweighs the intensity of the heated argument, the would-be victim begins to tell the police and the Prosecuting Attorney that he or she "doesn't want to press charges," and "just wants the whole thing to go away so the family can be together again," etc.
- Unfortunately, the Prosecuting Attorney claims that the domestic violence charges must remain; there's "nothing they can do."
Is TV to Blame for Your Domestic Violence Charge?
Domestic Violence tears Michigan families apart - period. Whether you are
a man or a woman, once you face domestic violence charges in Michigan
courts, there just may be no turning back. And please, do not think that
by attacking the way domestic violence cases are approached, I am taking
a stance against women. We love and respect women. In reality, our experience
has been that there is no one gender, age, or race group that is the stereotypical
"offender." In fact, many domestic violence charges are sought
by children against their parents, and vice-versa. Part of the problem
has to do with confusion between what domestic violence is legally versus
what "domestic violence" is portrayed as in the media. While the
Michigan domestic violence laws
leave much to be desired, there certainly is a distinction between what
the law says constitutes domestic violence and what the media says constitutes
domestic violence. Both the Michigan State Police and the Oprah Winfrey
Show have published information that could really confuse things. This
is not to say that things like anger, control, insults, degradation, and
the like are not extremely serious family issues that absolutely MUST
be fixed, if not just for the sake of the children. But depending on the
specific issues, the solution might properly belong in counseling, the
Family Division of the Circuit Court, or elsewhere outside of Michigan's
Criminal Courts where someone is facing serious consequences. We all have
a right not to be charged with domestic violence unless there is probable
cause to believe that the State of Michigan can prove that we committed
each of it's elements, and we have a right not to be convicted of
domestic violence unless the State of Michigan can prove each of it's
elements beyond a reasonable doubt. The problem goes something like this:
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