Michigan Domestic Violence Charges -Does the Increase Have Anything to do with the Confusion Between Its Legal Definition and How Its Portrayed in the Media?
Don't get me wrong,
Michigan Domestic Violence tears families apart every day. Whether male or female, once your family faces Domestic Violence charges in the Michigan courts, life can get extremely difficult! And please don't think that because this article challenges the way Michigan Domestic Violence is approached that we are taking a stance against women. In reality, our experience is finding more and more that there is no "stereotypical offender" in this crime. Michigan Domestic violence charges are being brought by men against women, and even parents against children. While
Michigan Domestic Violence laws leave much to be desired, there is certainly 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 consists of both confusing and contrary information with regard to domestic violence
law. This isn't to say that issues like alcohol, anger, jealousy, control, degradation and the like, are not extremely serious family matters that need professional attention or even possible intervention. But many of those issues properly belong in front of a family counselor or friend of the court...
not in front of a criminal judge. Unless there is probable cause to believe that the State of Michigan can substantiate and support each element involved in a Michigan Domestic Violence charge, we have the right not to be charged with this kind of crime, let alone convicted of it. But rather, the scenario quite often looks like this:
- A popular TV Talk Show airs on the topic of Domestic Violence.
- The Host/Guests, while targeting domestic violence, also talk about oppressive issues (i.e. jealousy, control, intimidation, etc).
- While these issues can, indeed, be abusive in nature, they are, by no legal measure, defined as Michigan Domestic Violence.
- A viewer of the show who has been abused by any or all of these tyrannical issues now, falsely, believes themselves to be the victim of domestic violence.
- So... the next time a frenzied situation arises they decide to call the police.
- The police arrive and an arrest is made based on a preliminary and perfunctory investigation.
- The alleged offender waits in jail to be arraigned because of special rules that apply to Michigan Domestic Violence.
- A 'No Contact' Order is signed by the Judge and now these two people cannot live in their home together, talk on the phone, email, facebook, or even talk through a 3rd person. (Making it even more painful when children are involved)
- Now realizing that the serious consequences of a Michigan Domestic Violence charge far outweighs the intensity of a heated argument, the 'accuser' now tells the police and Prosecuting Attorney that they no longer wish to press charges.
- Unfortunately, the request to 'dismiss' the charge does not carry the same weight as the request to 'press' the charge, and Prosecutor's will not dismiss a charge of this nature once it has been made.
Sound familiar? Sound fair? As a child myself, growing up in a good family but one whose parents often quarreled, I know how accusations can get exaggerated in the heat of the moment. Does your Michigan Domestic Violence Attorney have an accurate handle on the chain of events surrounding your case? Is (s)he prepared to tell the whole story to the Judge and Jury? If you're not sure you need to ask them. There's too much at stake not to! Still not sure? Call
PRAIN LAW, PLLC at
(248) 731-4543 for a free consultation, or complete the
form.
