Michigan Domestic Violence Defense Attorneys
Being accused of domestic violence is traumatic. We will help you through this challenging time and find a way to resolve your case favorably.
Consistent Success Defending Domestic Violence Allegations
The Michigan Domestic Violence Defense Attorneys with LEWIS & DICKSTEIN, P.L.L.C. are dedicated to the passionate, tenacious, and compassionate representation of those charged with domestic violence and other related charges in the various courts throughout Michigan.
We have decades of experience successfully defending against domestic violence allegations in Michigan Circuit and District Courts and are adept at handling all aspects of domestic violence cases. We know that the consequences to clients and their families due to domestic violence allegations (even false allegations) can be life-changing in a tragic way. We stop at nothing to protect our clients from being over-prosecuted or falsely prosecuted. Additionally, we will protect our clients from prosecutors or judges who do not care enough to consider their situation adequately.
How False Allegations of Domestic Violence Occur
Some people say that domestic violence is a crime without witnesses. Often, the people involved are the only witnesses to an alleged domestic violence offense. Sometimes, minor children are witnesses, and police might manipulate them into taking sides between parents. Domestic violence most often takes place without witnesses. It is a charge that people easily and frequently abuse through false or exaggerated allegations. False reporting of domestic abuse is an epidemic in Michigan. Inaccurate reporting and false accusations of domestic violence regularly occur during a contentious divorce. One spouse seeks an unfair advantage over another relative to assets, the marital home, or child custody with false abuse allegations. In the case of a false report of domestic violence, prosecutors are relentless even if the complainant doesn’t follow through or admits the allegations were untrue. They refuse to acknowledge the possibility of a fabricated allegation. Family law judges often take away a parent’s right to visit with or see their children based upon a mere, unsubstantiated allegation of spousal abuse. Ignoring the possibility of false domestic violence allegations is unfair, and LEWIS & DICKSTEIN, P.L.L.C. will not stand for it!
Our highest priority is to get charges dismissed if possible.
How Domestic Violence Defense Attorneys Get Charges Dismissed
At LEWIS & DICKSTEIN, P.L.L.C., our top priority is getting domestic violence charges dismissed when possible. Our attorneys fight criminal charges based on facts, law, the Constitution, and science. First, our attorneys thoroughly investigate the case and all exculpatory evidence. Simultaneously, we closely examine the prosecution’s evidence for weaknesses and to attack its credibility. Secondly, we look at the law and Constitutional principles to attack the admissibility of the government’s evidence. If the police or prosecutor violated our client’s rights, we will file a Motion to Suppress and seek dismissal of all charges. Finally, we have a team of investigators and experts who can analyze any scientific or specialized evidence so that we can use any evidence to prove our client’s innocence or lack of culpability.
For clients facing a misdemeanor Domestic Violence First Offense, a Michigan statute permits judges to take these charges under advisement so no conviction is entered on the defendant’s record. A defense attorney must be adept in the law and compelling in their arguments for an under-advisement plea because judges and prosecutors are sometimes reluctant to accept a plea under advisement.
Expungement of Domestic Violence Charges
Domestic violence felony and misdemeanor convictions are subject to expungement, also known as a Motion to Set Aside Conviction. There are many challenges facing those seeking to set aside domestic violence convictions. For example, the prosecution must notify the victim of the domestic violence case and give that person an opportunity to be heard. Many victims, even after many years, object to the removal of these convictions. To qualify for expungement, the defendant must have no more than three felony convictions. The number of previous misdemeanors will not prevent someone from seeking an expungement of a domestic violence conviction. Winning an expungement of any assaultive conviction requires a compelling argument and persuasive evidence of rehabilitation, and the defendant must prove it is in the community’s best interest. If a judge denies an expungement motion, the defendant must wait a minimum of three (3) years before trying again.
It is Possible to Avoid the Devastating Consequences of Domestic Violence Convictions
Domestic violence charges and accusations can have devastating consequences for you, your family, and your future. Obviously, jail is a major concern; however, there is more you should know. The direct and collateral consequences of a conviction include the following:
Your Best Defense is a Successful Domestic Violence Defense Attorney
If you are looking for a domestic violence expert attorney who will really care about you and be passionate about your domestic violence defense, the Defense Team with LEWIS & DICKSTEIN, P.L.L.C. will be there for you. We’ve represented thousands of clients facing domestic violence allegations and have an unparalleled track record of success. Call us for a free consultation and confidential case evaluation. We will patiently talk to you about your case, thoughtfully help you determine your options, and passionately find a plan to best help you.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.
We will find a way to help you.
We Are Not Afraid to Win!
Counties where the prosecution is most aggressive on domestic violence charges include:
- Oakland County Defense Attorney
- Wayne County Defense Attorney
- Washtenaw County Defense Attorney
- Macomb County Defense Attorney
- Livingston County Defense Attorney
