Domestic violence happens everywhere. According to the National Statistics Domestic Violence Fact Sheet, more than 10 million adults experience domestic violence annually. These are the reported cases; what more should we expect in the issues that are not registered?
With that, prosecuting and defending domestic violence cases is undoubtedly a challenge for a lot of lawyers, although it isn’t anything that our Southfield criminal divorce attorneys can’t handle.
The following facts have been the result in a study conducted by the National Coalition Against Domestic Violence. These are in verbatim so as not to tamper with the thought of the study:
- On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million women and men.
- 1 in 4 women and 1 in 9 men experience severe intimate partner physical violence; intimate partner contacts sexual violence, or intimate partner stalking with impacts such as injury, fearfulness, post-traumatic stress disorder, use of victim services, contraction of sexually transmitted diseases, etc.
- Intimate partner violence accounts for 15% of all violent crimes.
- An intimate partner most commonly abuses women between the ages of 18-24.
- 19% of domestic violence involves a weapon.
- Domestic victimization is correlated with a higher rate of depression and suicidal behavior.
- Only 34% of people who intimate partners injure receive medical care for their injuries.
These numbers are just the tip of the iceberg when it comes to domestic violence. There are a handful of cases that have not been reported nor prosecuted. But what if you are being charged for domestic violence? What if you are a victim? What are the things you should know about the laws of domestic violence on a federal level and in Michigan state?
Domestic Violence On A Federal Level
Domestic violence on a federal level can be found in legislation. In 1994, the United States Congress passed the Violence Against Women Act (“VAWA”). VAWA recognized domestic violence as a national crime.
According to the United States Department of Justice Website, all federal domestic violence crimes are felonies. The following acts are considered federal domestic violence crimes:
- “to cross state lines or enter or leave Indian country and physically injure an “intimate partner”;
- to cross state lines to stalk or harass or to stalk or harass within the maritime or territorial lands of the United States (this includes military bases and Indian country); and
- to cross state lines to enter or leave an Indian country and violate a qualifying Protection Order.”
It is also in Federal law that the federal government has adequately described the definition of an intimate partner. To wit, an intimate partner is “a spouse, a former spouse, a person who shares a child in common with the victim, or a person who cohabits or has cohabited with the victim.”
Types of Domestic Violence Charges in Michigan
There are different domestic violence charges in Michigan. The application of the law is couched in the assault and battery statutes that already exist for a long time. The charge of Assault and Battery is the standard charge against individuals who are said to be guilty of the crime of domestic violence in Michigan.
By definition, however, there are a couple of differences in the charges of Assault, Assault, and Battery and the amount of Domestic Violence.
For one, Assault is the intentional illegal act that caused another to fear an immediate battery reasonably. Assault and Battery is the deliberate, forceful, violent, or offensive touching, however slight or minor, of another or something closely connected with another person. The same elements are present in the case of Domestic Violence, but the parties involved are clearly defined.
Who are the parties in a domestic violence case?
In a domestic violence case, the following are the parties:
- Former spouse;
- Head of the victim’s household;
- A person with a child in common with the victim; and
- A person with whom the victim had a dating relationship.
What are the types of Domestic Violence Charges in Michigan?
Michigan has two categories for domestic violence cases – there is domestic Assault, and there is aggravated domestic Assault. The difference lies in whether the victim was gravely injured or sustained grave physical injuries. It is up to the District Attorney to determine the gravity of the charge.
The prosecutor may add more penalties to the felony. There are some cases of weapons charges, intent to inflict great bodily harm, and strangulation.
What happens if the victim no longer wants to press charges?
If the prosecutor had already filed and initiated the charges, the process is in motion. No matter what happens, the prosecution will most likely continue with the authorities.
If the case has not yet been filed and the parties are discussing or have settled with the lawyers, the issue may not continue.
This is why getting the right lawyer for your defense is essential if you have been charged with domestic violence in Michigan.
Defending Domestic Violence
If you have committed domestic violence or need help prosecuting one, it is essential to know that you also have a team that can help you out with your specific needs. The legal consequences of domestic violence are dire and must be addressed as soon as possible. Our law firm is dedicated to making sure that the law will protect those who are innocent and the full extent of justice will be used.
The article that you have read is based on general applications of the law. It is not legal advice, and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you’ve been charged with a domestic violence crime, you need a Southfield domestic violence lawyer on your side, call us immediately. If you have any problem with the law or are seeking justice and truth, our numbers are standing by to take your call.
The post Domestic Violence: State and Federal Laws appeared first on Haque Legal.