Domestic Abuse

Lansing Domestic Violence Defense Attorney

A domestic violence charge in Lansing, MI can carry consequences that extend far beyond the courtroom, including potential jail time, a criminal record, possible restrictions on firearm possession, and potential effects on your employment, professional licensing, and child custody matters. These are serious allegations that Michigan prosecutors pursue aggressively, and a conviction can reshape your life in ways you may not fully see yet.

At Clint W. Perryman PC, we defend people facing domestic violence charges throughout the Lansing area. If you have been arrested or charged, the time to act is now. Call us at 810-498-2370 to speak with our criminal defense attorney about your situation. You genuinely cannot afford to wait.

How Michigan Law Defines Domestic Violence

Under Michigan law, domestic violence is not a separate offense by itself. Certain assault or assault and battery offenses receive enhanced treatment when they involve a spouse or former spouse, a person with whom the defendant has or had a dating relationship, a person with whom the defendant has a child in common, or a person who resides or previously resided in the same household.

Michigan’s domestic violence statute, MCL 750.81 et seq., applies when an alleged act of assault or battery occurs between individuals who share a specific relationship. Those relationships include:

  • Spouses or former spouses: including a current or former spouse, or someone the defendant was formerly married to.
  • Dating relationship partners: people who are or were in a dating relationship, including ex-partners who no longer cohabit.
  • Household members: individuals who reside or previously resided in the same household.
  • Parents of a shared child: co-parents, regardless of whether they were ever married or lived together.

Michigan law distinguishes domestic assault and domestic battery. Domestic assault can involve an attempt to cause physical contact or a threatening act that causes reasonable fear, while domestic battery involves actual unwanted physical contact. Both can result in criminal charges.

Domestic Violence Charges and Penalties in Michigan

Michigan domestic violence charges are classified by the number of qualifying prior convictions. A first offense is generally a misdemeanor, while repeat offenses or certain aggravated conduct can result in felony charges carrying substantial prison exposure.

Understanding where your charge falls in Michigan’s penalty structure matters enormously for your defense strategy.

  • First offense domestic assault: a misdemeanor punishable by up to 93 days in jail, a fine of up to $500, or both. Depending on the circumstances and disposition of the case, probation and counseling may also be ordered.
  • Second offense domestic assault: a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both.
  • Third or subsequent offense: when the defendant has two or more qualifying prior convictions, the offense is a felony punishable by up to five years in prison, a fine of up to $5,000, or both.
  • Aggravated domestic assault: applies when an assault against a qualifying domestic relationship victim causes serious or aggravated injury without a weapon and without an intent to commit murder or great bodily harm less than murder. A first offense is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both. A conviction with one or more qualifying prior convictions can be elevated to a felony punishable by up to five years in prison, a fine of up to $5,000, or both.
  • Other felony assault offenses: conduct involving strangulation, use of a weapon, or other circumstances may support separate felony charges under Michigan law, depending on the specific facts and applicable statute. Serious or aggravated injury by itself does not automatically make a first domestic assault a felony.

Beyond incarceration and fines, a conviction for a qualifying misdemeanor crime of domestic violence can trigger federal firearm restrictions under 18 U.S.C. § 922(g)(9). Federal law generally prohibits a person convicted of a qualifying misdemeanor crime of domestic violence from possessing firearms or ammunition, subject to the statute’s definitions and exceptions. A concealed carry permit does not override a federal firearm prohibition.

Protective Orders and Conditions After an Arrest

A personal protection order (PPO) may be issued in connection with circumstances involving alleged domestic violence, including on an ex parte basis when the statutory requirements are met. A PPO is a separate court order from the criminal case, and violating one can result in separate criminal contempt penalties.

A personal protection order can prohibit you from contacting the alleged victim, returning to your own home, seeing your children, or accessing shared property. These orders often issue on an ex parte basis, meaning the court acts without hearing your side first.

Violating a PPO can result in separate criminal penalties. The consequences depend on the circumstances and the specific violation. Courts take compliance seriously, and even a technical violation can complicate the underlying domestic violence case.

Beyond PPOs, bond conditions in domestic violence cases frequently include:

  • No contact with the alleged victim or household members
  • GPS monitoring or regular check-ins
  • Alcohol or substance testing
  • Prohibition on possessing firearms

Navigating these restrictions while preparing a defense requires careful coordination and understanding exactly what the order does and does not prohibit.

Common Defenses in Domestic Violence Cases

Domestic violence allegations do not automatically result in conviction. Many domestic violence cases turn on disputed facts, credibility of the alleged victim, or constitutional problems with how evidence was gathered, all of which can be challenged by an experienced defense attorney.

Many domestic violence cases come down to one person’s account against another’s. A strong defense examines every element of the prosecution’s case. Common defense strategies include:

  • Self-defense: Michigan law recognizes the right to use reasonable force to protect yourself from an imminent threat. Self-defense is a valid defense when the physical contact was a proportionate response to an attack or credible threat.
  • False accusations: Some domestic violence allegations are disputed, and the circumstances surrounding a separation, custody dispute, or other relationship conflict may be relevant to the defense. Understanding the evidence and the circumstances underlying the allegation can help counsel evaluate the prosecution’s case.
  • Lack of physical evidence: many domestic assault charges rest on witness testimony alone, with no medical records, photographs, or corroborating witness statements. The absence of physical evidence is relevant to reasonable doubt.
  • The circumstances of the physical encounter: when both parties engaged in physical conduct, the defense may examine who initiated the confrontation, whether the defendant acted in self-defense, and whether the prosecution can prove each required element of the charged offense.
  • Constitutional violations: police reports, searches, and statements obtained in violation of your Fourth or Fifth Amendment rights can be challenged and potentially suppressed. If you were subjected to custodial interrogation without the warnings required by the Fifth Amendment, the admissibility of statements you made may become an issue.
  • Inconsistencies in the alleged victim’s account: witness statements change between the night of an arrest and trial. Our attorney works to identify weaknesses in the prosecution’s case by methodically comparing every prior statement the alleged victim made.

The fact that police made an arrest does not mean the state has a solid case. Our job is to challenge evidence at every stage, gather evidence that supports your account, and hold the prosecution to its burden of proving guilt beyond a reasonable doubt.

What Happens After a Domestic Violence Arrest in Lansing

After a domestic violence arrest in Lansing, the criminal process depends in part on whether the charge is a misdemeanor or felony. Misdemeanor cases generally proceed through arraignment, pretrial proceedings, and potentially trial. Felony cases proceed through arraignment, a probable cause conference, a preliminary examination unless waived or otherwise resolved, and circuit court proceedings if the case is bound over.

The Lansing domestic violence criminal process typically unfolds as follows:

  1. Arrest and booking: police respond to a domestic dispute call, take statements, and may make an arrest. Michigan law permits a peace officer to make a warrantless arrest for certain domestic assault offenses when the statutory requirements are met, including reasonable cause to believe the violation occurred and that the parties have a qualifying domestic relationship. The alleged victim’s preference does not necessarily prevent an arrest or prosecution.
  2. Arraignment: your first court appearance, where the charge is formally read, and bond conditions are set. This is your first opportunity to contest restrictive no-contact or no-return conditions.
  3. Probable cause conference: in a felony case, the prosecution and defense may discuss a possible plea agreement, bail or bond issues, stipulations, and other procedural matters. The preliminary examination is generally scheduled shortly afterward unless waived or otherwise resolved.
  4. Preliminary examination and pretrial proceedings: In a felony case, the preliminary examination addresses whether probable cause exists to proceed with the felony charge. Subsequent proceedings may include motions, discovery, plea negotiations, and other pretrial matters.
  5. Plea negotiations or trial: many domestic violence cases resolve through negotiated pleas, which may include reduced charges or alternatives to jail. When that is not the right outcome, we are prepared to take the case to trial before a jury.

Domestic violence cases arising within the City of Lansing are generally handled in the 54A District Court for misdemeanor charges. Felony cases begin in the appropriate district court and, if bound over, proceed in Ingham County Circuit Court. Court schedules move quickly, and early legal representation strengthens your position at every step.

Why False Accusations Happen and How They Affect Your Case

Some domestic violence allegations are disputed, and the circumstances surrounding a separation, custody dispute, or other relationship conflict may be relevant to the defense. Understanding what drives an allegation and examining the available evidence can help build a credible defense.

Being falsely accused does not mean the charge will simply go away. Michigan law does not require the alleged victim’s cooperation to prosecute. The state can proceed even if the alleged victim recants, declines to cooperate, or requests that charges be dropped, relying instead on police reports, 911 recordings, and any available physical evidence.
When the case stems from a domestic dispute rooted in a breakup, divorce, or custody proceedings, our attorney investigates the full context: prior text messages, social media communications, prior inconsistent statements, and the alleged victim’s conduct in the period leading up to the arrest. That context may provide evidence relevant to the prosecution’s case, the defense, plea negotiations, or a potential motion or trial.

Remaining falsely accused while staying calm through the process is one of the hardest things a client faces. Acting impulsively, attempting to contact the alleged victim, confronting witnesses, or posting about the case online can create additional problems. Remain silent and communicate only through counsel.

Consequences a Conviction Carries Beyond Sentencing

A domestic violence conviction in Michigan can create a criminal record that appears in background checks, affect custody rights, restrict firearm possession, and potentially affect professional licensing reviews long after any jail sentence is served.

The sentence is only the beginning. Consider what a domestic violence conviction actually touches:

  • Criminal record: Michigan’s Clean Slate laws exclude assaultive crimes, including domestic violence offenses, from automatic set aside eligibility. However, some domestic violence misdemeanor convictions may be eligible for set aside through the application process, subject to statutory requirements and limits. Certain felony domestic violence convictions are also excluded when the person has a prior misdemeanor domestic violence conviction. Whether a conviction can be set aside depends on the specific offense, prior record, waiting period, and other statutory requirements.
  • Firearm prohibition: As noted above, federal law bars anyone with a qualifying domestic violence misdemeanor conviction from possessing firearms. This affects hunters, competitive shooters, security professionals, and anyone who currently carries lawfully.
  • Child custody: A domestic violence conviction can be significant in custody proceedings. Michigan courts consider domestic violence as a best-interest factor when determining the best interests of a child. The effect of a conviction or allegation depends on the circumstances and evidence presented in the custody proceeding.
  • Personal protection orders: a PPO is a separate court order and is not automatically imposed because of a domestic violence conviction. If a PPO is issued, its specific restrictions depend on the terms of the order and can include restrictions on contact, residence, or other conduct.
  • Counseling and probation conditions: counseling or intervention programming may be ordered as a condition of probation or a deferred proceeding, depending on the circumstances and the court’s order. Failure to comply with a probation condition can result in a probation violation.
  • Immigration consequences: for non-citizens, a domestic violence conviction can have serious immigration consequences, including possible removal proceedings in some circumstances. The immigration consequences depend on the specific offense, the person’s immigration status, the sentence, and other facts, so immigration advice should be obtained when applicable.

These are lasting consequences, not just a fine and some community service. The stakes justify serious legal representation from the moment of arrest.

Frequently Asked Questions About Lansing Domestic Violence Charges

Can the alleged victim drop domestic violence charges in Michigan?

The alleged victim cannot unilaterally drop domestic violence charges in Michigan. Once a report is made and an arrest occurs, the decision to prosecute belongs to the Ingham County prosecutor’s office, not the complaining party. The prosecutor may proceed even if the alleged victim recants, declines to cooperate, or requests that charges be dropped. This is one of the most misunderstood aspects of domestic violence law in Michigan.

What if I was defending myself when police arrived?

Self-defense is a recognized defense to domestic assault charges in Michigan. The law permits the use of reasonable force to protect yourself from imminent physical harm. However, police often arrest the person they perceive as the primary aggressor, which is not always the person who initiated the physical contact. Our attorney investigates the full sequence of events, including any prior threats, injuries to both parties, and witness accounts, to build an accurate picture of what actually happened.

Will a domestic violence charge affect my custody of my children?

Allegations or evidence of domestic violence may be raised in custody proceedings. Michigan’s Child Custody Act specifically requires courts to consider domestic violence as a best-interest factor, regardless of whether the violence was directed against or witnessed by the child. The effect of a pending criminal charge depends on the evidence and circumstances presented in the custody proceeding. Acting quickly to defend the criminal case is also in your interest for any parallel family law matter.

Does Michigan require a domestic violence conviction to issue a PPO?

No. A personal protection order can be issued based solely on an allegation when the statutory requirements are met, often before the case has been heard by any court and before the accused has had an opportunity to respond. A respondent may challenge an ex parte PPO by filing a motion to modify or rescind the order and requesting a hearing. Generally, that motion must be filed within 14 days after the respondent is served with the order or receives actual notice, unless good cause exists for filing later.

What is the difference between domestic assault and aggravated domestic assault in Michigan?

Standard domestic assault under Michigan law involves assault or battery between people in a qualifying domestic relationship. Aggravated domestic assault applies when an assault against a qualifying domestic relationship victim causes serious or aggravated injury without a weapon and without an intent to commit murder or great bodily harm less than murder. A first offense is a misdemeanor punishable by up to one year in jail, a fine of up to $1,000, or both. A conviction with one or more qualifying prior convictions can be elevated to a felony punishable by up to five years in prison, a fine of up to $5,000, or both. The specific facts of the incident, including the extent of any injury and the evidence documenting the injury, determine which charge prosecutors pursue.

Can a domestic violence conviction be expunged in Michigan?

Michigan’s expungement law was significantly expanded by the Clean Slate laws, but domestic violence convictions are subject to specific eligibility rules and limits. Domestic violence offenses are excluded from automatic set aside because they are assaultive crimes, but some domestic violence misdemeanor convictions may qualify for a court-ordered set aside if the statutory requirements are met. Certain felony domestic violence convictions are excluded when the person has a prior misdemeanor domestic violence conviction. Whether a particular conviction qualifies depends on the specific offense, prior record, waiting period, and other statutory requirements. This is one more reason why resolving the charge favorably at the outset can be important rather than relying on expungement later.

Speak With a Lansing Domestic Violence Defense Attorney Today

Domestic violence charges demand a defense built on facts, not assumptions, and the earlier that defense begins, the more options you have. At Clint W. Perryman PC, our attorney handles Lansing domestic violence cases with the directness and seriousness they require: reviewing police reports, challenging the prosecution’s case, examining every statement the alleged victim has made, and representing your interests at every stage.

Facing domestic violence charges in Lansing, MI is not the time to hope the situation resolves itself. Call Clint W. Perryman PC at 810-498-2370 today. Our law firm is straightforward about what you are facing and what it takes to fight back, because you cannot afford anything less.