Under Michigan law (MCL 764.15a), you can be arrested for domestic violence if they have “reasonable cause” to believe an assault occurred. Many Michigan police departments follow a “Preferred Arrest” policy in which an arrest is preferred over leaving angry, arguing couples together. This makes it very easy for Michigan residents to be arrested and charged with this crime.
What Triggers an Automatic Domestic Assault Arrest in Novi, Michigan?
You can face charges of domestic violence if someone accuses you of harming them, making minor contact, making threatening comments, and preventing someone from leaving the home. It also happens when someone accuses you of harming them, making minor contact, making threatening comments, and preventing someone from leaving the home. Many people only learn this after they’re placed in cuffs.
Under Michigan’s strict preferred-arrest policies, responding officers in Novi are trained to make arrests during domestic disputes to quickly separate the parties.
Learn more about how easy it is to be handcuffed and taken into custody for domestic assault:
- Verbal Accusations: Novi police officers don’t need physical evidence, injuries, or additional witnesses to make an arrest. One statement claiming you made physical contact is enough probable cause for police to take you into custody.
- Minor or Non-Injurious Physical Contact: Pushing, grabbing a wrist, slapping, or holding someone’s hands meets the legal definition of battery in Michigan. Even if there are no marks on the other person, the police treat the incident as a physical assault.
- Aggressive or Threatening Arguments: Raising your voice or shouting during an argument can be considered assault if the other party claims they believe they would be harmed. Police regularly treat intimidating postures or loud confrontations as criminal threats and make arrests for domestic violence.
- Preventing Someone from Leaving: Standing in front of a doorway or holding a door shut can lead to domestic violence or even more serious charges. Responding officers view restricting movement as an act of physical coercion that justifies an immediate arrest.
Now that you know how easy it is for anyone to get charged with domestic assault, it’s a good idea for everyone to have an attorney on speed dial. At Hadd Law, we encourage you to save our number, 248.633.8000, in your phone. If you’ve just been charged, you can also contact us online for representation!
What Defense Strategies Do Lawyers Use Against Domestic Violence Allegations?
The best lawyers understand that law enforcement and public perception often consider an accusation of domestic violence to be guilt. To combat this, attorneys build a solid trial strategy that includes exposing inconsistencies and possible motives, gathering crucial evidence, and disproving criminal intent. These and other legal strategies push back against knee-jerk assumptions and build a compelling defense.
Here’s an in-depth look at how a comprehensive domestic violence defense strategy helps you in the courtroom:
Exposing Inconsistencies and Motives
Defense counsel conducts thorough cross-examination to identify any conflicting statements made to police, 911 dispatchers, and the court. By uncovering potential hidden motives, such as gaining leverage in a pending divorce, child custody, or property dispute, your attorney undermines the accuser’s credibility before a judge and jury.
Subpoenaing Digital and Electronic Evidence
Some prosecutors rely on verbal statements, but objective evidence frequently tells a different story. Your legal team must immediately secure text message threads, voicemails, social media history, and home security camera footage. This evidence often helps to disprove false narratives and establish the true context of a couple’s argument.
Asserting Lawful Self-Defense or Defense of Property
Under Michigan law, you have a constitutional right to use reasonable force to protect yourself or your home from imminent physical harm. An experienced lawyer seeks to present evidence that shows you were acting defensively against an aggressive partner. This tends to put the heavy legal burden back on the prosecution to disprove your self-defense claim beyond a reasonable doubt.
Disproving Criminal Intent or Demonstrating Accidental Contact
Domestic violence charges legally require the state to prove you intended to harm your partner or create fear of immediate injury. Your attorney can establish that physical contact was purely accidental or misunderstood, such as stepping past someone in a doorway, to invalidate the state’s criminal charges.
Challenging Law Enforcement Errors
Officers rushing to make an arrest can conduct inadequate investigations, fail to interview key eyewitnesses, or violate your constitutional rights during questioning. A tough, battle-tested defense attorney files motions to suppress illegally obtained evidence or move for an immediate dismissal based on police misconduct.
Don’t Let One Bad Argument Ruin Your Life; Call Hadd Law
Relationships are complex, and even the closest couples experience moments where an argument spirals out of control. At Hadd Law, we’re here to protect you when a single statement made in anger or panic ends up in charges before the 52-1 District Court in Novi.
When the system assumes your guilt, don’t leave your freedom to chance. Call us at 248.633.8000 or contact us online to discuss your case with a battle-tested domestic assault attorney!
