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.
