Domestic Violence No Contact Order | Can They Do That?

Domestic Violence No Contact Order - it Can be Imposed by a Judge, and Michigan Domestic Violence Lawyer Brian J. Prain Explains Why...

Domestic Violence No Contact OrderAs a Michigan Domestic Violence Lawyer, I concentrate on defending those accused of Assault crimes, including Domestic Violence under Michigan law, MCL 750.81(2) (also called "Domestic Assault"). If you've been charged with violating the Domestic Violence laws in Michigan, you already know that at Arraignment, the Judge will impose a standard Domestic Violence No Contact Order preventing you from ANY contact with your alleged victim under penalty of Bond revocation, increase, Contempt of Court, and Jail. Unless you have a competent Michigan Domestic Violence Attorney, this Domestic Violence No Contact Order can last for up to two years, plus the time from Arraignment until Sentencing. If you reside with or have children in common with the alleged victim, this can be a HUGE problem. You may be asking yourself "How does the Judge have the right to punish me like this? Aren't I presumed innocent? Where will I live? This Domestic Violence charge is just an unsupported accusation!" I agree; the standard Domestic Violence No Contact Order should be illegal. But until the law changes, here's the deal: yes, the Court CAN legally do this, even when your accuser completely lied and there is no other evidence. Why? The Michigan Domestic Violence No Contact Order law, MCL 765.6b says so: "(1) A judge or district court magistrate may release under this section a defendant subject to conditions reasonably necessary for the protection of 1 or more named persons. If a judge or district court magistrate releases under this section a defendant subject to protective conditions, the judge or district court magistrate shall make a finding of the need for protective conditions and inform the defendant on the record, either orally or by a writing that is personally delivered to the defendant, of the specific conditions imposed and that if the defendant violates a condition of release, he or she will be subject to arrest without a warrant and may have his or her bail forfeited or revoked and new conditions of release imposed, in addition to the penalty provided under section 3f of chapter XI and any other penalties that may be imposed if the defendant is found in contempt of court." On top of that, the Michigan Court Rules support this. MCR 6.106, entitled "Pretrial Release," states that as a condition of Bond, the Court may order you to "(m) comply with any condition limiting or prohibiting contact with any other named person or persons." The bottom-line is this: the Court can put you out of contact, out of home, out of your normal life just because you've been accused. The only question is: what are you going to do about it? At Prain Law, PLLC, we do NOTHING but Criminal Defense, and we specifically concentrate on defending those of Assaultive crimes, including Domestic Violence. We have NEVER had a client go to Jail for Domestic Violence. At any given time, chances are we're taking action for a client to either get rid of a Domestic Violence No Contact Order or have it modified to terms the client can live with.
RELATED: Click here for more information on the procedure for getting rid of a Domestic Violence No Contact Order in Michigan.

If you or someone you know is facing a Domestic Violence charge in Michigan, the time to act is now. As each day passes, precious advantages that could result in a dismissal or verdict of NOT GUILTY of Domestic Violence are slipping away. Stop reading and speak to a top Michigan Domestic Violence Attorney right now at (248) 731-4543for a free, no obligation consultation. The call is free, the information is priceless.

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