Strong defense evidence often includes text messages, emails, or voicemails that provide context missing from the initial police report, along with witness statements from people who saw or heard what happened. Photos or videos from the scene, medical records showing injuries to you rather than the alleged victim, and 911 call recordings can all support a self-defense or false accusation claim. Phone records and location data can also establish where you were and whether the timeline matches the accusation. An attorney can identify which evidence applies to your specific situation and work to gather it before it disappears.
Domestic Violence
Legal Counsel for Domestic Violence Allegations in Michigan
Domestic violence is a serious issue, and allegations of abuse should be taken seriously. But an allegation is not a conviction, and not every domestic dispute tells the whole story. Arguments between partners can be complicated, accounts of what happened can differ, and important context may not be included when police are called.
If you have been accused of domestic violence, you have the right to defend yourself and have your side of the story heard. Lucido & Manzella, P.C. has represented thousands of people facing criminal charges throughout Macomb County. We’re ready to work to understand what happened, examine the evidence, and determine the best way to protect your rights.
What Domestic Violence Cases Do We Handle?
Domestic violence cases look different from one situation to the next. Alleged abusers often reach out to our criminal defense attorneys after one of the following:
- They were taken into custody. Officers responded to a reported dispute or incident with a spouse, partner, former partner, roommate, relative, or co-parent, and they are now dealing with a criminal charge.
- They defended themselves. They were protecting themselves, attempting to exit a dangerous situation, responding to a mutual confrontation, or calling for help, but law enforcement identified them as the aggressor.
- They were wrongly accused. They believe the allegation omits important context, or that it stems from a separation, a child custody battle, resentment, jealousy, or a one-sided account of what happened.
- They had a no-contact order filed against them. A court-issued order may restrict where they can be, whether they can go home, how they may communicate with the other party, how they discuss their children, or whether they can own a firearm.
- They are accused of breaking a no-contact order. They allegedly made phone calls, sent texts, showed up in person, sent messages through social media, or communicated through a third party after a no-contact or protective order was already issued.
If any of this sounds like what you are experiencing, contact our domestic violence defense attorneys immediately. Waiting to act can allow a difficult situation to become considerably worse.
What You Need to Know About Domestic Violence Charges
What Counts as Domestic Violence?
Under the Michigan Domestic Violence Act, a person commits domestic assault or domestic battery when the alleged victim is a current or former spouse, someone the person is or was dating, the co-parent of the person’s child, or a current or former member of the person’s household, and the person does any of the following:
- Causes or attempts to cause physical or mental harm.
- Places the victim in fear of physical or mental harm.
- Forces or attempts to force the victim into involuntary sexual activity.
Notably, an actual physical assault is not required for a charge to move forward. Any threat or action that would make a reasonable person feel terrorized, frightened, intimidated, threatened, harassed, or molested can satisfy this standard. That broad definition means people are sometimes charged based on a single argument, a misread text message, or a version of events that leaves out important context. If your actions do not match this description, or if something you said or did has been misunderstood, an experienced criminal defense attorney can help present the fuller picture.
Was Your Arrest Lawful?
Michigan law enforcement officers typically cannot make an arrest unless a warrant has been issued or the officer personally witnesses the crime. Domestic violence cases work differently. An officer only needs a “reasonable belief” that domestic assault or battery occurred, and that belief can rest on the alleged victim’s statements alone, along with visible cuts, bruises, or other signs of injury.
This lower bar makes it easier for police to make an arrest on the spot, even when the full story has not been told. That does not mean you have no rights. An attorney can examine the circumstances of your arrest, including what the officer actually saw, what was said, and whether the evidence supports the charge you are facing.
What Penalties Come With a Domestic Violence Charge?
The penalties for a domestic violence conviction in Michigan can be severe, and they increase sharply with each subsequent offense:
- First offense (misdemeanor): Up to 93 days in jail and a fine of up to $500.
- Second offense (misdemeanor): Substantially harsher penalties than a first offense, including additional jail time and higher fines.
- Third offense, or a conviction with two or more prior domestic violence convictions (felony): Significantly more severe consequences, including years of potential imprisonment.
Beyond fines and jail time, a conviction can follow you well past the courtroom. It can affect your employment, your ability to possess firearms, your immigration status, and your standing in any family court case, including custody. That ripple effect is exactly why having a strong attorney on your side from the start matters so much.
Why Let Lucido & Manzella, P.C. Defend You Against Domestic Violence Allegations?
You are already dealing with the stress of a domestic violence allegation. You should not have to wonder whether your attorney understands what is at stake. At Lucido & Manzella, P.C., we bring:
- Combined criminal and family law knowledge. We understand how domestic violence allegations intersect with divorce and child custody, and we can help you address both at once instead of treating them as separate problems.
- Zero judgment. We firmly believe there are two sides to every story, and we take the time to hear yours so it gets told clearly and completely.
- An aggressive legal approach. We push hard for our clients and do not back down when the situation calls for a fight.
- Strategic decision-making. We know when to keep pressing a case and when negotiation serves you better, and we make that call based on your specific circumstances.
- Deep courtroom relationships. With more than 25 years of experience in Macomb County courts, we know the judges, the prosecutors, and how local cases tend to unfold.
Your case deserves careful attention, and that is what we provide.
Let Us Hear Your Side of the Story
If you have been accused of domestic violence, your side of the story matters. Tell Lucido & Manzella, P.C. what happened and learn what options you have for defending your case.
FAQs About Domestic Violence Defense in Michigan
How Does a Domestic Violence Charge Affect Child Custody?
A domestic violence charge, even before conviction, can influence how a family court views custody and parenting time. The courts consider domestic violence as one of several factors when determining a child’s best interests, and a pending or resolved charge can be raised by the other parent during custody proceedings. A conviction carries more weight than an unproven accusation, but even an arrest can affect how a judge or the other party approaches negotiations. Working with an attorney who understands both criminal defense and family law helps you address the criminal case in a way that protects your parental rights at the same time.
Can I Contact the Person Who Has a PPO Against Me if They Agree to Talk to Me?
No. A personal protection order remains in effect regardless of what the protected person says or agrees to, and only a judge can modify or lift it. If the other person reaches out to you first and you respond, or if you go to them because they said it was fine, you can still face arrest for violating the order. Courts take these violations seriously even when both parties wanted the contact. If circumstances have changed, talk to an attorney about petitioning the court to modify the order the right way.
What Happens After an Arrest for Domestic Violence?
After an arrest, you will typically be booked, and depending on the circumstances, you may be held until arraignment or released on bond with conditions. At arraignment, a judge reads the charges, sets bond, and often issues a no-contact order barring communication with the alleged victim. From there, your case moves through pre-trial hearings, where your attorney can negotiate with the prosecutor, challenge evidence, or file motions, before heading toward trial if no resolution is reached. Each step creates opportunities to strengthen your defense, which is why early legal representation matters.
What Should I Do if I Have Been Accused of Domestic Violence?
Stay calm, avoid contacting the accuser, and refrain from discussing the incident on the phone, in texts, or on social media. Do not speak with police beyond identifying yourself without an attorney present, since anything you say can be used against you later. Write down your own account of what happened while it is fresh in your memory, including names of any witnesses. Then, contact a domestic violence defense attorney as soon as possible so you have guidance before your next court date or interaction with law enforcement.
Talk To An Experienced & Aggressive Lawyer Today.
We offer a free initial consultation so you will get an opportunity to meet us, and we will have an opportunity to learn more about your legal issue.
Free Consultation with an Experienced & Aggressive Macomb County Lawyer
Our consultations offer an opportunity for you to meet our team and discuss your legal issues.
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