Articles Tagged with domestic violence

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This blog is long overdue. In this blog I will attempt to explain the reasons that make it so difficult to get a domestic violence dropped or dismissed.

The Prosecutor Represents the People of Michigan or Municipality Where the Offense Occurred

First of all, it is important to understand that once a criminal case is pursued, the prosecutor represents the people or public at large for a specific jurisdiction. County Prosecutors have authority to pursue criminal cases on behalf of the “People of Michigan”. City or township prosecutors have authority to prosecute those that are accused of committing ordinance violations within their jurisdiction. Federal criminal cases are prosecuted by the District Attorney’s Office. For this reason, the court title of any criminal case is:

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ABC’s of Assault and Domestic Violence Cases

In Michigan, the crimes of “assault and battery” or “domestic violence/assault” are classified as misdemeanor offenses, or minor criminal offenses. The offense of “assault and battery” means that the defendant made intentional (non-accidental) physical contact with another person and without consent to do so. Any touching of the other party, however slight, is sufficient to constitute an assault and battery. Domestic violenc is charged when an assault and battery occurs and a close relationship exists between the parties. Some of the cases that we see involve minimal physical contact or physical contact for a specific purpose or intent other than to cause harm. For example:

-Taking the car keys to prevent other party from driving while intoxicated.

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When a person commits a crime that involves a victim, a number of laws apply that provide the victim with several rights. Some of these rights allow for the victim to collect restitution, be afforded a victim’s rights advocate, confer with the prosecutor regarding plea bargaining and speak at the time of sentencing to request a specific (jail) sentence.


Article 1, Section 24 of Michigan’s Constitution
provides as follows:

Crime victims, as defined by law, shall have the following rights, as provided by law: