Domestic Violence Lawyer in Grand Rapids, MI
Domestic violence charges carry serious consequences, but having the right defense can make all the difference. Barrix Law Firm provides aggressive, strategic representation from a trusted Grand Rapids domestic violence defense lawyer who knows how to fight for your future.
Contact us today to schedule your free case evaluation.
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Strategic Advocacy for Domestic Assault Cases
Family and personal relationships are very complex. People from all walks of life face difficult situations fueled by intense emotions, especially when life is stressful. If you have been charged with domestic assault or a related charge in Grand Rapids, you need an experienced domestic violence defense lawyer on your team.
Barrix Law Firm has over 32 years of experience defending clients in Kent County and West Michigan. We understand that there’s more than 1 side to every story, and we are ready to hear yours. Our goal is to bring clarity and a strong defense to personal legal situations that may otherwise feel overwhelming. Don’t face charges of domestic violence or assault alone. Contact Barrix Law Firm today to schedule a free, confidential case review.
What’s On This Page
Domestic Violence Under Michigan Law
Domestic violence is an umbrella term used to describe a variety of assault-related offenses that occur between people in a domestic relationship or setting. In Michigan’s legal system, it is best described as a classification or enhancement of other criminal offenses.
As an enhancement, domestic violence can lead to harsher penalties than if the same offense were committed in another situation. You don’t have to be in a relationship to be involved in a domestic dispute. Altercations that involve any of the following parties are treated as domestic violence in Michigan.
- A spouse or former spouse
- Domestic partners or members of a civil union
- Someone from a current or previous dating relationship
- A resident or former resident of the same household
- Parties with a shared child in common
What Is Domestic Assault?
- Domestic assault (MCL 750.81) is the most common domestic violence charge. It’s a 93-day misdemeanor as a first offense. It’s important to note that there does not need to be a visible injury for this charge to apply.
- Aggravated domestic assault (MCL 750.81a) or second-offense domestic assault is a 1-year misdemeanor. The aggravated charge applies to instances of domestic violence causing a serious injury but not involving a weapon.
- Domestic violence becomes a felony if it involves a dangerous weapon or suffocation/strangulation or if it’s a third domestic violence offense of any degree. The punishment is up to 5 years in prison, plus other penalties.
Other Domestic Violence Charges in Michigan
Here’s a quick look at some of other crimes that may carry a domestic violence enhancement and may require representation from a qualified defense attorney.
Stalking/Aggravated Stalking
Stalking charges are based on unwanted contact or harassment causing fear. The offense becomes aggravated if a weapon is used or the contact violates a personal protection order. (MCL 750.411h and 750.411i)
Unlawful Imprisonment
Intentionally preventing someone from leaving, such as blocking a doorway during an argument or taking another person’s car keys, can be considered unlawful imprisonment. (MCL 750.349b)
Parental Kidnapping
Taking a child in violation of a legal custody order is considered domestic violence felony as an act committed by one parent against the other. (MCL 750.350a)
Malicious Use of a Telecommunications Device
Repeated, harassing, or threatening phone calls, texts, or communications can also be domestic violence. (MCL 750.540e)
Malicious Destruction of Property
Intentionally damaging someone else’s property can become a domestic violence offense when used to intimidate or control a partner. (MCL 750.377a)
The Consequences: Domestic Violence Penalties in MI
A domestic violence charge in Grand Rapids, Walker, or Kentwood triggers a long list of legal and practical penalties that can affect nearly every aspect of your life, starting at the time of your arrest.
Even if you’re not convicted of domestic violence, you may have to post bail and even avoid visiting your own home under the conditions of a no-contact order. If convicted of domestic assault, stalking, or related offenses, you may face long-lasting penalties that affect your ability to live life, spend time with your children, and access employment opportunities. Here are a few of the potential consequences and penalties of a domestic violence charge in Michigan.
- No-Contact Orders: As a condition of your bond, the court will almost always issue a no-contact order to prevent you from returning to your home or communicating with the other person.
- Loss of Firearm Rights: Under state and federal law, any type of misdemeanor or felony domestic violence conviction can result in a lifetime ban on gun ownership.
- Impact on Child Custody: Allegations of domestic violence or a conviction can be used as leverage in family court during divorce proceedings and child custody battles.
- Mandatory Anger Management: If granted probation, you may be required to enroll in ongoing and costly batterer intervention and prevention programs.
- A Permanent Criminal Record: A criminal conviction can affect your ability to secure employment and housing or pass mandatory background checks.
The Solution: Domestic Violence Defense Strategies
When law enforcement officers in Grand Rapids respond to a domestic violence call, their first job is to diffuse the situation. Unfortunately, when outside parties arrive, it can be very difficult to determine the nature of the dispute. Officers need to make important decisions or arrests with very little information.
As a criminal defense lawyer, our job is to show the full context of the dispute and provide convincing evidence to challenge the prosecution’s version of events. Although each case is different, here are a few potential defense strategies for domestic violence allegations.
- Self-Defense: One common domestic violence defense involves arguing that your actions were necessary to protect yourself or your children from the aggressor.
- False Allegations: Investigations show that accusations of domestic violence are sometimes fabricated or exaggerated to gain leverage in divorce or child custody proceedings.
- Lack of Evidence: In many cases, there’s little to no physical evidence in domestic assault cases and no eyewitnesses, so it often comes down to one person’s word against the other.
- Challenging the Accuser's Credibility: If the accusation is fabricated, a domestic violence attorney can conduct a thorough investigation to expose inconsistencies, contradictions, or false statements.
- Accidental Contact: Another option involves showing that any injury was unintentional and not the result of a criminal assault.
Choose Barrix Law for Your Domestic Violence Case
A domestic violence charge can have severe consequences, so the defense attorney that you pick can have a significant effect on many aspects of your case and your life. Our founding attorney Jason Barrix has over 32 years of experience handling domestic violence cases in Grand Rapids and West Michigan. We offer proven defense strategies, investigation services, and more to help you build the strongest possible case. Here are a few reasons to choose our local team.
- Understanding: Our domestic violence attorneys understand the complex emotions and dynamics involved in family disputes. We’re here to listen to your side of the story respectfully and without judgment.
- Trial Experience: While empathy can be a helpful strategy when negotiating plea deals, we are aggressive when it comes to defending your rights against prosecutors in the criminal justice system.
- Local Insight: With over 3 decades of legal experience, we’re familiar with local courts, prosecutors, and judges. We understand how they approach domestic violence cases so that you know what to expect.
- Result-Focused: As criminal defense lawyers, we have an ethical duty to achieve the best possible result for each client, whether that means a case dismissal, plea deal, or not-guilty verdict at trial.
Grand Rapids Domestic Violence Lawyer FAQs
If the Victim Drops the Charges, Will the Case Be Dismissed?
No, the case will not be dropped automatically. It’s up to the Kent County prosecutor to decide whether to press charges. However, the other person’s cooperation can determine whether the prosecutor has enough evidence to move forward. Speak to a domestic violence attorney as soon as possible to discuss possible outcomes and defense options.
Can I Go Home if There Is a No-Contact Order?
Most likely not. Court-issued no-contact orders may prevent you from contacting the other person directly or indirectly or visiting the person’s residence or workplace, including a shared home. Violating a no-contact order can affect your bond and lead to new criminal charges. Contact a domestic violence defense attorney to understand the conditions of the order and determine if you can petition the court for modifications.
I Was Arrested for Domestic Violence While Defending Myself. What Can I Do?
Michigan does have legal protections for individuals who act in self-defense, but these laws can be tricky in the context of domestic violence allegations. While self-defense can become part of your defense, this requires thorough planning and corroborating evidence. To avoid making matters worse, contact a qualified attorney in Grand Rapids as soon as possible.
Will I Lose My Gun Ownership Rights if Convicted of Domestic Violence?
Yes, any felony conviction will automatically restrict your gun ownership rights, but the rules are even stricter for domestic violence, including misdemeanor offenses. Michigan has an 8-year ban on possessing firearms and ammunition following a domestic violence conviction. However, this is superseded by a lifetime federal ban under the Lautenberg Amendment, which applies to all misdemeanor domestic violence convictions. If you are convicted of a non-violent criminal offense, it may be possible to have your gun rights restored.
A No-Contact Order Is a Court Order. Call Us, Not Them.
Attempting to navigate the criminal justice system on your own can be a big risk. Whether you’re being questioned by law enforcement or were released on bond, it’s important to speak to a domestic violence lawyer before you take any further action. Trying to explain your side of the story may only make things worse, and violating a no-contact order can result in additional charges, even if you just need to get something important from home.
Contact a Grand Rapids domestic violence attorney at Barrix Law Firm or call our office directly to understand your rights and determine what to do next. Your initial consultation is free and 100% confidential.
