Tragically, domestic violence is almost as common as it is abhorrent. Although home and family are supposed to be a source of love and safety, far too many people, including children, are afraid to go home. If you are one of these people and live in St. Clair Shores or the tri county, now is the time to reach out to the accomplished family law team of The Nunley Law Group, PLLC.
Lead attorney Royce A. Nunley has helped a great many individuals and families touched by domestic violence find peace of mind, and is fully committed to providing practical advice and legal representation to those who are still feeling endangered. Not only does he have a strong history of successful outcomes in court and out; he is widely respected as both a skilled lawyer and a compassionate human being. Contact our office today to be assisted and reassured.
Defining Domestic Violence in Michigan
Domestic violence in Michigan is a critical issue, impacting families across all socioeconomic backgrounds. Understanding its complex nature is the first step towards addressing this grave concern. Michigan law defines domestic violence as the occurrence of one or more of the following acts by a current or former spouse, someone with whom the victim has had a child, or a resident or former resident of the same household:
- Physical Abuse includes any form of physical harm, ranging from slapping and punching to more severe forms of violence that may involve the use of weapons.
- Emotional Abuse though often overlooked, is extremely harmful, entailing manipulation, constant criticism, intimidation, and other techniques that harm the victim’s psychological well-being. It should be noted that emotional abuse often involves threats to another person, animal or even toy that is beloved by the victim.
- Sexual Abuse includes any nonconsensual sexual act or sex act with a minor, as well as sexual behavior, ranging from indecent exposure to sexual coercion and/or sexual assault.
- Financial Abuse involves control of another adult’s financial resources, rendering them completely financially dependent on the abuser.
- Stalking entails repetitively engaging in harassing or threatening behavior of another, such as following or spying on them with the intention of inducing fear or concern for their safety.
Penalties for Domestic Violence in Michigan
In Michigan, penalties for domestic violence vary based on the severity of the offense and the offender’s criminal history. Following is a list of charges and their penalties upon conviction.
First Offense: misdemeanor charge, punishable by up to 93 days in jail and/or a fine of up to $500.
Second Offense: also a misdemeanor, but with increased penalties of up to 1 year in jail and/or a $1,000 fine.
Third or Subsequent Offense: classified as a felony, can lead to up to 5 years in prison and/or a $5,000 fine.
Aggravated Domestic Violence: involves serious injuries and can result in a 1-year jail sentence and/or a $1,000 fine for a first offense, escalating for subsequent offenses.
Defenses Against Charges of Domestic Violence
In highly contentious divorce cases, a false accusation of domestic violence can be a strategy to gain leverage in custody and property disputes. These allegations can be used as a tool to tarnish the reputation of a spouse, influence child custody decisions, or as a form of retaliation. To further complicate such matters, actual abusers will often claim that they are being falsely accused.
Because of the possible complexity of such situations, Royce Nunley, approaches every domestic violence claim with a thorough investigation to ensure that justice prevails. He works tirelessly to protect innocent victims, whatever the circumstances.
If you are being falsely accused of domestic violence, we will use whichever of the following defense strategies applies in your case:
- Self-defense: claiming that the act was in defense of yourself or vulnerable others.
- False accusations: demonstrating that the allegations are false through evidence (e.g. photographs, letters or texts, witness accounts).
- Lack of proof: asserting that there is insufficient evidence to support the charges.
- Consent: arguing that the alleged victim consented to the behavior they are now charging is abusive.
- Mental incapacity or intoxication: asserting that the accused was not mentally in control at the time of the incident due to impairment by alcohol, drugs or a psychiatric disorder. In most cases, however, only involuntary intoxication can be used as a defense.
Steps We Take to Protect You and Your Children
At The Nunley Law Group, we understand the intricacies of domestic violence cases and always make safeguarding you and your children our top priority. Therefore, our strategy is typically multifaceted, including:
Immediate Legal Protection: We assist in obtaining Personal Protection Orders (PPOs) to legally prevent the abuser from contacting or coming near you and your children. A PPO is enforceable as soon as the judge has signed it, whether the defendant has been notified or not.
Custody and Visitation: We advocate for favorable custody and visitation arrangements to ensure the safety and well-being of your children.
Support and Resources: Our team provides access to crucial support services, including counseling and safe housing, while your case is pending.
Comprehensive Legal Strategy: Leveraging our extensive experience, we develop a tailored legal strategy that considers all aspects of your situation.
Financial Security: We strive to secure financial support, including child support and alimony, to aid in your transition to a safe and stable environment for your family.
Confidentiality and Sensitivity: Recognizing the sensitive nature of domestic violence cases, we ensure utmost confidentiality and an empathic approach to your problems.
Competence in the Courtroom: If your case goes to trial, we are well-prepared to vigorously represent you, ensuring your voice will be heard — loud and clear.
Contact Our Dedicated Domestic Violence Attorney Now
At The Nunley Law Group, we are committed to providing you not only with strong legal representation, but with a safe haven during turbulent times. If you or a loved one is facing domestic violence, contact us to discuss how we can help protect your family and restore your hope for a brighter future. Don’t hesitate. As soon as you get in touch with us, you will know you are in capable hands.