Michigan Defense Attorney Giving You the Representation You Need for False Domestic Violence Accusations

Most people need some form of companionship in their lives. For many of us, this means finding a domestic partner with whom we want to share our futures. Unfortunately, many relationships end with either a breakup or divorce. The majority of these relationships end amicably with partners going their separate ways. In other cases, the breakup may be more hostile. In some instances, one partner may make false accusations against the other.

These accusations often involve some form of domestic violence. When false accusations of domestic violence are made against a partner in a relationship, they are most often made against a male partner. A 2023 study found that 13% of men have been falsely accused of domestic violence. If you or a loved one have been falsely accused of domestic violence, there are certain steps that could and should be taken to protect against potential future repercussions.

What Are False Allegations of Domestic Violence in Michigan?

Domestic violence can take many forms. When people hear the words domestic violence they often think of spousal battery or intimate partner violence. The phrase domestic violence can cover a large number of potential charges. Under Michigan law, domestic violence is classified as:

  •       Physically or Mentally Harming or Attempting to Harm a Household Member
  •       Placing a Household Member in Fear for their Safety
  •       Forcing or Attempting to Force a Household Member to Engage in Unwanted Sexual Activity
  •       Engaging in any Activity that Would Cause an Average Person to feel Frightened, Intimidated, Harassed, or Abused

It’s important to note that physical violence does not have to take place in order for someone to be charged with domestic violence. If someone did something that caused a family or household member to fear for their safety, this still counts as domestic violence. This also means someone can say they feared for their safety as a way to charge someone with domestic violence. This means it is very easy for someone to make false allegations.

What are the Punishments for Domestic Violence in Michigan?

The state of Michigan takes domestic violence seriously. This means the potential consequences can be severe. If someone is convicted of domestic violence, they face a variety of charges and penalties. These include:

  •       For a First Offense: Three Months in Jail and a $500 Fine
  •       For a Second Offense: One Year in Jail and a $1,000 Fine
  •       For a Third or Subsequent Offense: Five Years in Jail and a $5,000 Fine

First and second domestic violence offenses are considered misdemeanors while third and second offenses are felonies. This changes if you are charged with aggravated domestic assault. This is assault in which the victim sustained injuries requiring medical attention. Any charge of aggravated domestic assault automatically becomes a felony. Being convicted of any form of domestic assault can have severe, lifelong consequences. These can include but are not limited to:

  •       Loss of Child Custody
  •       Loss of Ability to Own a Firearm
  •       Suspension or Loss of Professional License
  •       Difficulty Finding Future Employment
  •       Potential Impact on Immigration Status

These are only a few of the potential outcomes of a domestic violence conviction. This is why if you are even accused of domestic violence, it is important to begin taking legal steps to protect and defend yourself.

What Legal Steps can I Take if I Am Falsely Accused of Domestic Violence in Michigan?

Domestic violence can often boil down to one person’s word against another’s. Many courts and juries will be predisposed to believe the victim of domestic violence claims. This is why it’s crucial you begin building a defense case if you even believe you will be accused of domestic violence.

Steps to take potentially include:

  •       Gathering Emails, Texts, and Digital Messages
  •       Collecting Photos
  •       Identifying Potential Witnesses
  •       Filing Counter-Charges
  •       Establishing an Alibi
  •       Contacting an Attorney

Emails, texts, and other digital messages can be key in establishing gaps in your accuser’s credibility. They may also establish inconsistencies in the allegations or timeline. Photos can potentially demonstrate that the accuser didn’t display signs of abuse following accusations of severe physical harm. Witnesses can help establish a particular incident didn’t take place, or didn’t take place the way your accuser says it did. Character witnesses can also potentially help establish if your accuser has a history of lying, exaggerating, or making false accusations.

If you weren’t even present at the time the alleged abuse occurred, establishing you were somewhere else can help build an alibi. Additionally, if your accuser engaged in any sort of violence or abuse against you, you can potentially file counter-charges. This can potentially establish your accuser is volatile. This can further draw into question for a court or jury who is telling the truth and help exonerate you.

Do not speak to your accuser or any legal counsel they may have hired. If the police attempt to interrogate you, invoke your right not to speak with them.

What Should I Do if I’m Falsely Accused of Domestic Violence in Michigan?

The biggest and most important legal step you can take if you are falsely accused of domestic violence in Michigan is to hire an experienced attorney. Lawyers deal with false accusations on a regular basis. An attorney will be able to help you build a legal case, gather evidence, establish your innocence, and present a solid case at trial. An attorney may even be able to help you get the charges dropped.

If you or a loved one have been falsely accused of domestic violence, don’t hesitate to contact ADAM American Divorce Association for Men, located at 2000 Town Center #2350, Southfield MI 48075. We’re one mile Southwest of the Evergreen Hills Golf Course and one mile East of Lawrence Technological University. We understand men face difficult challenges in their divorces and separations. We know that many men are falsely accused of things they didn’t do. We’ll help you build a solid defense and present your case to the court.

If you or a loved one have been falsely accused of domestic violence, don’t hesitate to call ADAM American Divorce Association for Men at 248-290-6675 or contact us for an in-depth evaluation. No one should have to face a social stigma or punishment for things they didn’t do.