Oakland County Domestic Violence Lawyer

Accused of domestic violence? Christopher Brown is an Oakland County domestic violence lawyer and former police officer who has investigated these cases from the other side. He uses that experience to challenge weak evidence and protect your rights.

Expert Domestic Violence defense representation by former police officer Christopher Brown over 25 years of experience.

Oakland County Domestic Violence Lawyer Christopher Brown

There are consequences associated with a domestic violence conviction that can last a lifetime. Talk to a local criminal defense lawyer. He may be able to find a way for you to avoid a conviction. Remember, being guilty does not always mean that you will be found guilty.

Recent Domestic Violence Results

Aggravated Domestic Violence Reduced, Then Dismissed Under 769.4a — Rochester Hills

Our client was charged with aggravated domestic violence in the 52-3 District Court after striking his girlfriend during an argument. She suffered a serious injury, and the evidence was strong, including visible injuries and his own admissions.

Instead of waiting, we went to work on mitigation. Our client was evaluated by a licensed counselor and then completed counseling. We sent the prosecutor a detailed mitigation memorandum, along with a letter from his counselor.

As a result, the prosecutor reduced the charge to domestic violence, and the court granted 769.4a status. Our client completed the program, and the case was dismissed, protecting his record.

Why this matters: Even when the evidence is strong, the outcome is not set in stone. Early treatment and a well-prepared mitigation package can change what a prosecutor is willing to offer.

No-Contact Order Lifted So Our Client Could Return Home — Novi

Our client was arrested for domestic violence after an argument with her husband. The 52-1 District Court entered a no-contact order, which kept her out of the family home. That left her husband caring for their two-year-old son alone, and he could not work.

We brought these problems to the court in a motion to lift the no-contact condition. The court granted it, and our client returned home while her case was pending.

Why this matters: A no-contact order can upend a whole family. Courts can change bond conditions, but only the court can do it, and only when someone asks the right way.

Domestic Violence Charge Dismissed in the Middle of a Jury Trial — Pontiac

The complainant’s statements on the officers’ body cameras did not match his written statement to police. We built our cross-examination around those conflicts and the gaps in the investigation. After that cross-examination, the prosecutor dismissed the case in the middle of trial in Pontiac.

See more of our case results.

Why Choose Christopher Brown as Your Oakland County Domestic Violence Lawyer?

As a former police officer, Attorney Brown has personally investigated many domestic-violence cases. Therefore, he knows how reports are built, what evidence officers look for, and where errors happen. As a result, he uses that insider knowledge to gain leverage in negotiations. He also challenges weaknesses in the prosecution’s case, whether at the pretrial conference, probable cause conference, or trial.

Domestic Violence Court Sanctions and Collateral Consequences

Don’t resolve your domestic-violence case without an experienced local criminal defense lawyer. You need someone who knows every possible option for misdemeanor or felony charges. In addition, there are several “landmines” that come with a domestic-violence criminal record.

Penalties (MCL 750.81):

• A person found guilty of domestic violence, or assault, can be sentenced to up to 93 days in jail and probation for up to 2 years.
• A second offense: up to 1 year in jail.
• A third offense: a felony punishable by up to 5 years in prison.

Typical probation conditions may include:

• Substantial fines and court costs
• Alcohol and drug testing
• No-contact with the alleged victim for the entire term of probation
• No use of alcohol while on probation
• Short- or long-term anger management
• Short- or long-term counseling
• Reporting to a probation officer
• Restricted travel rights
• Restitution to the alleged victim for any losses

Collateral consequences of a conviction can include:

• Loss of gun ownership and/or CPL rights
• Loss of certain professional licenses
• Inability to keep or obtain employment in health care
• Inability to work in other fields such as law enforcement or teaching
• Inability to coach sports involving minors
• Housing challenges (landlords may refuse to rent)
• Immigration consequences (deportation, denial of citizenship, or reentry)

The right lawyer matters. For example, protecting your constitutional rights can save you from permanent personal and professional harm. In addition, proven strategies can help you seek a dismissal or reduction.

Michigan Domestic Violence Penalties at a Glance

These are maximum penalties. Many first-offense cases are resolved for much less, and some qualify for a 769.4a deferral.

Common Defenses in Domestic Violence Cases

There are many ways to avoid a criminal conviction

• Self-defense or defense of others
• Physical contact necessary to escape from an irrational or assaultive person
• The alleged victim does not want to testify or appear for trial
• Mental-health factors impacting either party
• Alcohol or drug use by either party
• Recanting by the alleged victim
• Inconsistent statements in police reports
• Motives arising from a pending divorce or custody dispute
• Prior record of abuse may be admissible (for either party)
• Videos and recordings (911 call, police body cam), home surveillance
• Witness statements, text messages, and social-media posts

In short, any of the above can impact the disposition of a domestic-violence case. For example, it may help you avoid a conviction or obtain a not-guilty verdict. In addition, Attorney Brown’s police-investigator perspective helps surface these issues early.

Common Mistakes After a Domestic Violence Arrest

• Contacting the alleged victim, even to apologize or to “work things out”
• Going back home before the court changes a no-contact condition
• Talking to police without a lawyer, hoping to explain your side
• Posting about the incident or the alleged victim on social media
• Assuming the case will go away because the alleged victim doesn’t want to press charges

In Michigan, the prosecutor decides whether a case goes forward, not the alleged victim. Avoiding these mistakes protects your defense from the start.

Aggravated Domestic Assault and Strangulation Charges

Aggravated domestic assault applies when someone assaults a covered partner or household member without a weapon and causes a serious or aggravated injury. A first offense is a misdemeanor punishable by up to one year in jail. With a qualifying prior conviction, it becomes a five-year felony.

Strangulation or suffocation is a separate, more serious felony, punishable by up to 10 years. It means intentionally impeding someone’s breathing or blood flow by pressing on the throat or neck, or by blocking the nose or mouth.

The prosecution does not have to prove a lasting injury. However, it does have to prove that breathing or blood flow was actually impeded. Any contact with the neck is not automatically strangulation.

Because these charges carry much higher stakes, an Oakland County domestic violence lawyer should review the medical records, photographs, body camera footage, and every statement in the case.

Who Counts Under Michigan’s Domestic Violence Law

Michigan’s domestic violence laws apply to assaults against:

• A spouse or former spouse
• Someone you are dating or used to date
• Someone you have a child with
• Someone who lives or used to live in your household

A “dating relationship” means a frequent, intimate relationship. A casual acquaintance or ordinary friendship does not count. If the relationship doesn’t qualify, the charge may not hold up as domestic violence.

Bond Conditions and No-Contact Orders

After a domestic violence arrest, the court almost always sets bond conditions. These often include no contact with the alleged victim, staying away from the shared home, and giving up firearms while the case is pending.

Follow these conditions exactly, even if the alleged victim wants contact. The alleged victim cannot waive a court order. Contact through friends, family, or social media can count as a violation. A violation can lead to arrest without a warrant, loss of your bond, and new charges.

The court can change these conditions, though. With the right motion, courts can allow contact or let a family live together again while the case is pending. As our Novi result shows, presenting the real impact on the family can make a difference.

PPOs and Your Criminal Case

A personal protection order (PPO) is a civil order from the family court. It is separate from the criminal case and the bond conditions. You may have to follow all three at once. Changing one does not change the others.

Violating a PPO is criminal contempt, punishable by up to 93 days in jail and a $500 fine. If you were served with an ex parte PPO, meaning one issued without a hearing, you generally have 14 days to file a motion to change or end it.

What you say at a PPO hearing can also be used in the criminal case. That cuts both ways, so talk to your lawyer before you testify.

Domestic Violence and Your Gun Rights

A domestic violence conviction can cost you the right to own a gun. Under Michigan law, a conviction for a misdemeanor involving domestic violence bans firearm and ammunition possession for eight years. That eight years doesn’t start until all fines are paid, all jail time is served, and probation is complete.

Federal law goes further. A qualifying domestic violence conviction can bring a federal firearm ban with no end date. Certain protective orders can also trigger a federal ban while they are in effect.

These rules are complex, so get advice before you plead to anything if your gun rights matter to you.

Can the Alleged Victim Dismiss the Case?

There are obstacles to dismissal when a victim does not wish to testify. These include office policies, subpoena/contempt powers, and allegations of witness intimidation. Success is possible; however, it’s a fragile process requiring precision. Ultimately, the prosecutor decides whether to dismiss.

Prosecutor policy (examples):

• Using the sheriff to detain and transport an uncooperative witness
• Charging a witness with filing a false police report if the story changes
• Proceeding to trial without the victim if other reliable evidence exists

Subpoena to appear: A subpoena is a court order. Therefore, failure to obey can result in contempt of court and jail. In addition, the sheriff may detain and transport the witness.

Witness intimidation/tampering (MCL 750.122): Attempting to influence or intimidate a witness, or obstruct testimony, is a felony punishable by up to 4 years in prison.

Relevant factors when a witness does not wish to appear or testify:

• The witness voluntarily requests dismissal
• The witness states they will not appear at subsequent proceedings and is not under threats
• No egregious injuries
• The witness has communicated these intentions to the prosecutor and/or officer in charge and does not appear to be in danger

These principles also apply to other assaultive misdemeanors and felonies. For example, these include aggravated assault, assault with a dangerous weapon, and assault by strangulation.

Interfering or Preventing a Crime Report

MCL 750.483a makes it a crime to use physical force to prevent another person from reporting a crime. Attempting to do so is also a crime, punishable by up to 1 year in jail. Also, prosecutors often charge this as a second count alongside domestic-violence allegations. For example, taking a phone from the alleged victim can be enough to trigger this charge.

Getting a Dismissal Pursuant to MCL 769.4a

Under MCL 769.4a, a person charged with domestic violence may be eligible for a dismissal. This option can apply where the person pleads guilty or is found guilty and has no prior assault-related convictions. The individual is then placed on probation for 1 year with conditions. Upon successful completion, the case is dismissed and the record is sealed. MCL 769.4a is an excellent option when the alleged victim will not agree to an outright dismissal. It is also a good fit when the case is not suitable for trial. Eligibility generally also requires that you have never received a 769.4a deferral before, because the program can be used only once.

Put a Former Police Officer on Your Side

Are you facing a misdemeanor or felony domestic-violence or assault charge? Let Attorney Christopher Brown help you regain your footing. He brings years of law-enforcement training and investigative experience. As a result, he knows how these cases are built and how to dismantle weak points to protect your future.

CALL for a Free Confidential Consultation: (248) 468-1468

Facing charges in Oakland County? See our Oakland County criminal defense page, or visit our Troy criminal defense page if your case is in the 52-4 District Court.

See how we got a domestic violence charge dismissed in the middle of a jury trial in Pontiac.

Frequently Asked Questions About Domestic Violence Charges in Michigan

Can the alleged victim drop the charges?

No. The prosecutor makes that decision. The alleged victim’s wishes can matter, but they cannot end the case on their own.

Why did police arrest me if no one wanted me arrested?

Michigan law allows officers to arrest for domestic assault without a warrant when they have probable cause, even if they didn’t see the incident. Many departments arrest at domestic calls as a matter of practice.

Can I go back home while my case is pending?

Only if the court allows it. If a no-contact or stay-away condition is in place, you must follow it until the court changes it. We can ask the court to modify it.

Will a first-offense domestic violence charge go on my record?

Not necessarily. Many first-time offenders qualify for a 769.4a deferral, which can end in dismissal without a conviction.

Will I lose my gun rights?

A conviction can bring an eight-year Michigan ban and a federal ban with no end date. Talk to an Oakland County domestic violence lawyer before you plead to anything.

We also defend domestic violence charges throughout Macomb County.

We also defend domestic violence cases throughout Wayne County.

Work With an Oakland County Domestic Violence Lawyer

Michigan’s domestic assault law, MCL 750.81, applies to spouses, former spouses, dating partners, household members, and people who share a child. A first offense is a misdemeanor, but repeat charges can become felonies. In addition, some first-time defendants may qualify for a deferral under MCL 769.4a. An Oakland County domestic violence lawyer can tell you which options fit your case. Related charges often include assault and weapons offenses. Call (248) 468-1468 for a free consultation.