Oakland County Domestic Violence Lawyer
Domestic violence is a pressing social issue in today’s society. Courts have responded to this problem by treating allegations and convictions with the utmost seriousness. Situations involving domestic violence are typically highly charged emotional events in which you may be arrested without sufficient evidence.
These accusations can be based on exaggeration, misrepresentation, and falsehoods related to an event that got out of control. In some cases, accusers can have an ulterior motive to get the upper hand in a contentious divorce, child custody battle, or other relationship conflict.
At HJP Legal, we have represented many individuals accused of domestic violence offenses and are well aware of the impact a mere allegation can have and the even harsher effects of a criminal conviction. Attorney Halley Peters brings over a decade of experience in defending clients against all variations of domestic violence charges in and around the Oakland County area.
Contact HJP Legal online or at (734) 593-1688 to request a confidential consultation with our Oakland County domestic violence attorney. Attorney Peters is licensed in Michigan, Florida & California.
Why Choose HJP Legal?
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Strategic Advice & RepresentationAttorney Halley J. Peters is well-versed in ensuring your legal rights are protected throughout the legal process. They will ensure that the evidence being used against you is obtained legally and within legal boundaries.
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Minimize PenaltiesCriminal charges can have severe consequences, including losing certain rights, massive fines and penalty fees, and potential incarceration. A skilled criminal defense attorney like Halley J. Peters can help to minimize these penalties or even fight to get the charges dismissed entirely.
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Clear Communication & TransparencyHalley is here for you every step of the way. She keeps her clients informed and up to date on important developments in their cases, and is readily available to answer any questions or address any concerns that may arise.
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Legal ExpertiseHalley is an experienced criminal defense attorney with the knowledge, skills, and resources to handle your criminal case. She understands the legal procedures and tactics of the prosecution, allowing her to provide you with the best defense.
What Is Domestic Violence in Michigan?
Domestic violence is an umbrella term for a variety of charges related strictly to offenses occurring within a “domestic” relationship. It involves behavior in a family or household setting or against a dating partner.
These offenses include physical attacks as well as verbal and psychological abuse designed to control or frighten the victim. Michigan law also recognizes stalking and intimidation as forms of domestic violence.
Examples of domestic violence crimes include but are not limited to:
- Assault: This offense involves intentionally causing harm or threatening harm, often characterized by actions such as hitting, slapping, or punching. However, the alleged victim does not have to be injured for you to be arrested.
- Aggravated domestic assault: This is charged when serious injuries have occurred, such as those requiring immediate medical care.
- Sexual assault: This includes any non-consensual sexual contact, ranging from unwanted touching to rape.
- False imprisonment: This means holding the alleged victim within an area against their will without justification, commonly occurring as preventing a partner from leaving home.
- Kidnapping: This typically involves seizing and carrying someone away by force or fraud; it is commonly associated with domestic disputes in which one parent takes a child away without the consent of the other.
- Harassment: This is a pattern of unwanted behavior that causes the alleged victim emotional distress, such as persistent messages, calls, or showing up uninvited.
- Trespassing: This is the unlawful entering or remaining on another’s property without permission; it is often used in domestic violence cases to intimidate the alleged victim by violating their personal space or property boundaries.
- Property damage: You can be charged with this if you have deliberately damaged or destroyed property to intimidate, control, or retaliate against the alleged victim.
Penalties for Domestic Violence Crimes in Michigan
Michigan law imposes penalties that reflect the severity of the crime. For those convicted of domestic violence, the consequences can range from misdemeanors to felonies, depending on the nature of the offense and one’s criminal history.
Penalties can include jail time, fines, probation, community service hours, mandatory completion of a domestic violence intervention program, and a Personal Protection Order (PPO) issued to protect the alleged victim from further abuse.
Examples of penalties include:
- First-offense assault: This is generally charged as a misdemeanor, punishable by up to 93 days in jail, a fine of up to $500, or both.
- Second offense assault: This is also generally charged as a misdemeanor, but jail time can be up to a year and fines up to $1,000 or both.
- Third or subsequent assault: This escalates to a felony with potential penalties including up to five years in prison, a fine of up to $5,000, or both.
- Aggravating factors: Factors such as using a weapon, committing the act in the presence of a minor, or causing serious injury can lead to increased penalties, including longer jail or prison sentences and higher fines.
Personal Protection Orders in Domestic Violence Cases
In Michigan, restraining orders, known officially as Personal Protection Orders (PPO), are commonly issued in cases of domestic violence to protect victims from further abuse. These legal orders are designed to restrict the accused individual's actions and movements to prevent them from causing harm or threatening the victim.
A PPO can include a variety of restrictions, such as:
- Prohibiting contact: The accused may be ordered not to call, text, email, or communicate in any way with the victim, directly or indirectly.
- Physical distance: There may be a stipulation that the accused must stay a certain distance away from the victim, their home, workplace, and sometimes schools or places frequently visited by the victim.
- Removal from residence: If the accused and victim live together, the order can require the accused to move out of the home, even if they are the legal owner or lessee.
- Firearm restrictions: The accused might be prohibited from purchasing or possessing firearms and may be required to surrender any guns they own.
- Custody and visitation: A PPO can include temporary changes to custody and parenting time arrangements involving children shared between the victim and the accused.
- Access to children: The order might specify supervised visits or restrict the accused from accessing the children if necessary for their safety.
The scope of these orders is quite broad, tailored to address the specific risks and needs identified in each case. Personal Protection Orders are enforceable throughout the state, and violating a PPO in Michigan can lead to arrest, criminal charges, and further legal consequences.
The Importance of Legal Representation in Domestic Violence Charges
Hiring an attorney who understands the nuances of Michigan’s domestic violence laws can significantly impact the outcome of your case. Legal representation ensures that your rights are protected, your voice is heard, and your case is presented effectively.
Attorney Halley Peters has the knowledge, skills, and resources to investigate and build your defense, challenge evidence, and advocate for your best interest throughout the legal process. The stakes in domestic violence cases are incredibly high, with potential consequences affecting personal freedom, custody of children, and future opportunities. Therefore, securing competent legal representation is not just advisable; it is essential in domestic violence allegations.
Reach us online or at (734) 593-1688 to schedule a consultation with our Oakland County domestic violence attorney today.