Not necessarily. Unlike many other crimes, domestic violence cases frequently proceed even when the alleged victim doesn't want to "press charges" or cooperate. Prosecutors have "no-drop" policies specifically for domestic cases and can compel victim testimony through subpoenas. They may also rely on evidence like 911 calls, officer observations, photographs, and medical records to pursue charges without victim cooperation. However, an uncooperative witness significantly complicates the prosecution's case and often creates opportunities for favorable resolutions. We can help navigate this situation effectively.

False allegations during divorce or custody disputes are unfortunately common and require specialized defense approaches. We investigate the timing of allegations (often suspiciously close to court dates), look for evidence of coaching or coordination with divorce attorneys, document any financial or custody motivations, and search for inconsistencies in allegations. We also examine whether the accuser has a history of similar claims against you or others. Our experience with these tactics allows us to effectively expose false allegations while coordinating with your family law attorney to protect your interests in both criminal and family court.

This depends on whether a no-contact order or Personal Protection Order (PPO) is in place. Courts typically impose no-contact conditions as part of bond in domestic cases, and these orders must be strictly followed regardless of the alleged victim's wishes. Violating these orders can result in bond revocation, new criminal charges, and harm to your underlying case. However, in appropriate circumstances, we can petition the court to modify these conditions, particularly when children are involved or when living arrangements make strict compliance impractical. Never attempt contact without first consulting your attorney and obtaining court approval.

Federal law (specifically the Lautenberg Amendment) permanently prohibits possession of firearms or ammunition by anyone convicted of a misdemeanor crime of domestic violence. This lifetime ban applies even to first-time misdemeanor offenses and has no exception for law enforcement or military personnel. Unlike some other firearm restrictions, this prohibition cannot be restored through expungement or restoration of civil rights under state law. For those whose careers or personal activities depend on firearm rights, avoiding a domestic violence conviction specifically (as opposed to a non-domestic alternative charge) becomes critically important.

A domestic violence conviction significantly impacts custody and parenting time determinations in Michigan. Family courts must consider domestic violence history as part of the "best interests of the child" analysis, and a domestic conviction creates a presumption against custody. While not an absolute bar, it places a substantial burden on the convicted parent to demonstrate that custody or unsupervised parenting time is appropriate. Supervised parenting time is common following domestic convictions, particularly when the allegations involved incidents in the children's presence. This is one of many reasons why aggressive defense against domestic charges is essential, even when the direct criminal penalties seem relatively minor.

Michigan law encourages but does not mandate arrest in domestic violence situations. However, many police departments have implemented mandatory or presumptive arrest policies, leading to "cooling off" arrests where officers take someone into custody primarily to separate the parties, even with minimal evidence. These arrests often occur based solely on one party's allegations, without thorough investigation. While this approach may de-escalate immediate tensions, it creates significant legal jeopardy for the arrested individual. If you were arrested in a "cooling off" scenario with limited evidence, we can often leverage this rushed decision-making to challenge the case effectively.

Under Michigan's expanded expungement laws, first-time domestic violence misdemeanor convictions may be eligible for expungement after five years, allowing removal from public records. However, federal firearm prohibitions remain in effect even after expungement. Multiple domestic convictions or more serious domestic felonies face greater expungement restrictions. The best approach is avoiding conviction entirely through effective defense, as expungement remains discretionary and cannot undo many of the collateral consequences that occur during the years before eligibility. We can review your specific case to determine potential expungement eligibility.

When both parties have injuries or both claim the other was the aggressor, police typically look for the "primary aggressor" based on factors including: comparative injury extent, history of domestic violence, likelihood each person's claim is credible, and whether either party acted in self-defense. Unfortunately, these quick assessments often rely on gender stereotypes, visible injuries (which may not tell the whole story), and snap judgments about credibility. Officers sometimes resort to arresting both parties or simply the larger/stronger individual. If you were arrested despite being a victim or acting in self-defense, we can challenge the officer's primary aggressor determination as part of your defense.