Under Michigan law, you don’t have to even touch your partner to be charged with domestic assault
Couples fight. It’s a fact of life. Put two people together in the same household for any length of time, and they’re likely to disagree about something. Usually several “somethings”. The issue, though, is how they go about their disagreements. Sometimes it’s yelling, sometimes it’s the silent treatment, sometimes crying and accusations. But for some couples, a fight involves more. It means throwing things, punching the walls, slamming doors, and even putting their hands on each other. Which is where the cops get involved.
What exactly is domestic violence in Michigan?
In Michigan, Domestic Violence is considered to be “a pattern of learned behavior in which one person uses physical, sexual, and emotional abuse to control a household or family member.” Not sure exactly who a household or family member includes? Don’t worry, many people aren’t sure, as the terms can mean many different things to different people. In Michigan, however, a ‘household or family member’ is defined as:
- A spouse or former spouse
- A person they are, or were dating (here the law defines dating as “frequent, intimate associations primarily characterized by the expectation of affectional involvement”)
- A person with whom there is a child in common, and
- A person who lives, or used to live in the same household
Keep in mind that gender DOES NOT play a role in determining who is guilty of domestic assault in Michigan. A man can abuse either his female or male partner, and a woman can abuse either her male or female partner. Here in Michigan, the most common domestic violence occurs between wife and husband.
But what if I never laid hands on my partner?
How on earth, you may be wondering, could someone be charged with domestic assault if they never even touched their partner? Sounds ridiculous, doesn’t it? And yet it happens. How? Picture this…
A Lansing couple gets into an argument. They get angrier and angrier, yelling at each other and making accusations. Then one of them reaches the point where they’re so mad they want to break something. But they know better than to raise a hand to their loved one. So they punch a wall or a door instead. Or perhaps they fling something through a window, breaking the glass. Now their partner fears for their safety. So they lock themselves in the bathroom and call the Lansing police.
Domestic Assault charges can happen even when there was no physical contact!
If the cops show up and you get arrested for tossing a clock through the window, or putting your fist through the drywall, you are probably going to be charged with Domestic Violence. Yes, that’s right, even if you didn’t make physical contact with your partner. All that has to happen is your partner showing the cops where you broke household objects and that fear of physical harm.
They will explain how they felt threatened by you, and were frightened for their life. They may even embroider the truth a little, and accuse you of threatening them, or pushing them. There don’t need to be any marks on their body for the prosecutor to file charges! Why? Because in Michigan, domestic assault includes:
- Placing a family or household member in fear of physical or mental harm.
- Causing or attempting to cause physical or mental harm to a family or household member.
- Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested.
Domestic violence charges can change your life permanently!
If you’ve been charged with domestic assault, you’re going to need a highly skilled criminal defense attorney on your side! Having a domestic assault conviction on your record can make it really hard to get a job in the future. It can even have an impact on your chances of getting custody of your children in a divorce. In short, criminal charges can permanently change your future in loads of negative ways! That’s even more so with charges involving violence.
If you or a loved one have been accused of domestic assault in Michigan, call The Kronzek Firm immediately at 1 866-7NoJail. (866 766 5245). Our experienced criminal defense attorneys can help protect your reputation, by fighting false allegations and misunderstanding in court! Our lawyers have helped thousands of people in Michigan over the past decades.