Macomb County Domestic Violence Lawyer

A domestic violence arrest can turn your life upside down overnight. You may be ordered out of your own home, barred from contacting your partner or children, and facing a charge that can affect your job and your gun rights. Attorney Christopher Brown is a Macomb County domestic violence lawyer and former Detroit police officer who has seen these cases from both sides, and he defends domestic assault charges in every district court in Macomb County.

Recent Macomb County Domestic Violence Results

Every case is different, and past results do not guarantee a similar outcome.

Domestic Violence Charge Dismissed on the Day of Trial — Chesterfield Township

Our client was charged with domestic violence after an argument with his wife. She claimed he bear-hugged her during the argument, while our client had scratches on his arms from trying to keep her from striking him. Because our client was significantly larger than his wife, and because the police report was poorly written and documented, he was arrested and charged. We set the case for trial. On the day of trial, the prosecutor dismissed the case, stating that the prosecution could not meet its burden of proof given the conflicting evidence.

42-2 District Court — New Baltimore, Macomb County

Domestic Violence Charge Dismissed Because There Was No Dating Relationship — St. Clair Shores

Police were called to our client’s apartment after neighbors heard loud arguing. During the police interview, our client’s guest claimed the argument turned physical, and our client was arrested for domestic violence. We interviewed the complainant, who explained that she and our client had never dated; they had known each other since elementary school. Because they weren’t married, had no child together, and didn’t live together, a domestic violence charge required a dating relationship, which Michigan law defines as “frequent, intimate associations primarily characterized by the expectation of affectional involvement.” MCL 750.81(8)(a). Once we brought this to the prosecutor’s attention and the complainant was interviewed, the case was dismissed.

40th District Court — St. Clair Shores, Macomb County

Felony Strangulation Charge Dismissed After Motion to Quash — Sterling Heights

Our client was charged with assault by strangulation, a 10-year felony, after a domestic dispute. The complainant did not want to participate, but she was subpoenaed and required to testify under oath at the preliminary examination. Our cross-examination attacked a required element of the charge: whether her breathing or blood circulation was actually impeded. The district court still bound the case over to the Macomb County Circuit Court. We filed a motion to quash the bindover. The circuit court found that the district court had abused its discretion, granted our motion, and the case was dismissed.

41-A District Court (Sterling Heights) and 16th Circuit Court — Macomb County

Felony Aggravated Stalking Dismissed at the Preliminary Exam — Clinton Township

The prosecutor could not prove our client had actual notice of the personal protection order that barred contact with the complainant. The felony was dismissed at the preliminary examination.

41-B District Court — Clinton Township, Macomb County

See more of our case results.

How Domestic Violence Arrests Really Happen

As a Detroit police officer, Attorney Brown investigated many domestic violence calls. In his experience, officers are essentially trained that when they respond to a domestic call, someone goes to jail. Yet officers often can’t realistically tell who the aggressor was or whether someone acted in self-defense, especially when both people are upset and their stories conflict. As a result, the arrest decision tends to fall on the man in the relationship or the larger person.

That’s exactly what happened in our Chesterfield Township case: our client had scratches on his arms from trying to keep his wife from striking him, but because he was much larger and the police report was poorly written, he was the one arrested. That’s why it’s so important to get all of the audio and video evidence, including 911 calls, body camera and in-car video, and any home or phone recordings, as early as possible.

Domestic Violence Penalties in Michigan

Michigan prosecutors usually charge domestic violence as domestic assault under MCL 750.81. It applies when the alleged victim is a spouse or former spouse, a dating partner or former dating partner, the other parent of your child, or a current or former member of your household.

Domestic assault, first offense: a misdemeanor punishable by up to 93 days in jail and a fine of up to $500.

Second offense: a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000.

Third offense: a felony punishable by up to 5 years in prison and a fine of up to $5,000.

Aggravated domestic assault: an assault without a weapon that causes a serious or aggravated injury. It’s a misdemeanor punishable by up to 1 year in jail and a fine of up to $1,000, or a felony with up to 5 years if you have a qualifying prior conviction.

First-Offender Deferral Under MCL 769.4a

For many first-time clients, the most important option is Michigan’s domestic violence deferral statute, MCL 769.4a. If you qualify, the court places you on probation without entering a conviction. If you complete probation successfully, the case is dismissed.

• You must have no prior conviction for an assaultive crime.
• The prosecutor must agree, after consulting with the alleged victim. The alleged victim’s views matter, but the law does not give the victim a veto.
• Probation usually includes conditions like counseling and no-contact orders, and violating them can lead to a conviction.
• You can use the deferral only once, and it still counts as a prior if you’re ever charged with domestic assault again.

Deferral isn’t automatic, so it has to be negotiated carefully. A Macomb County domestic violence lawyer can tell you whether you qualify and how to present your case for it.

Bond Conditions and No-Contact Orders

At arraignment, the judge or magistrate usually sets bond conditions in a domestic violence case. These often include no contact with the alleged victim, staying away from the home, and no firearms. Conditions like these can force you out of your own house and keep you from seeing your children.

These conditions can be changed, but only by the court. A Macomb County domestic violence lawyer can file a motion asking the judge to modify them, for example to allow contact or a return home. Until the judge signs a new order, the old one stays in effect, even if the alleged victim invites you back or reaches out to you. Violating a no-contact order can lead to new charges and the loss of your bond.

When the Complaining Witness Doesn’t Want to Go Forward

Many people believe a domestic violence case ends when the alleged victim says they don’t want to press charges. It doesn’t. In Michigan, the prosecutor, not the complaining witness, decides whether a case goes forward. In some cases, prosecutors can even use a statement the alleged victim made to police at or near the time of the incident, under MCL 768.27c.

Subpoenas Must Be Served Properly

Still, the prosecution has to follow the rules to require a witness to come to court. All too often, a subpoena is simply sent by regular first-class mail, or a detective leaves a phone message for the complaining witness. Under the Michigan Court Rules, that isn’t proper service. A subpoena must be personally delivered, sent by certified mail restricted to the witness and signed for by the witness, or mailed with an acknowledgment card that the witness returns. Unless the subpoena is properly served, the court can’t hold the witness in contempt for not appearing.

Material Witness Warrants

Prosecutors sometimes ask the court to treat a reluctant complaining witness as a “material witness.” Under MCL 767.35, that’s a limited court procedure. The court must find that the witness is material and that there’s a real danger the testimony will be lost, and the witness gets a chance to be heard first. It isn’t a routine tool for forcing every reluctant witness to testify.

We never encourage anyone to avoid court or change their testimony; that’s witness tampering, a separate crime under Michigan law. However, as a Macomb County domestic violence lawyer, Attorney Brown holds the prosecution to the rules.

PPOs and Your Gun Rights

A personal protection order (PPO) is a separate civil order from the family division of the circuit court, and it can exist alongside a criminal case. Changing a bond condition in the criminal case doesn’t change a PPO, and the reverse is also true. If a judge issued an ex parte PPO without a hearing, you generally have 14 days after service to file a motion to change or end it.

Your gun rights can also be affected in several ways. A bond condition or a PPO can prohibit you from having firearms while the case is pending. A domestic violence conviction, even for a misdemeanor, can also trigger a federal firearms ban, and Michigan law adds its own restrictions. If you own firearms or need them for work, talk to a lawyer before you plead to anything.

How a Macomb County Domestic Violence Lawyer Builds Your Defense

Attorney Brown looks at every domestic violence case from the officer’s side and the defense side. These are the questions he asks first:

• Who was really the aggressor? Injuries, photos, and witness accounts often tell a different story than the arrest decision.
• Was it self-defense? Defensive injuries, like our Chesterfield Township client’s scratches, can show who was protecting themselves.
• What do the recordings show? 911 calls and body camera video often capture both people’s first accounts before stories change.
• Is the alleged victim’s account consistent? Changing details between the 911 call, the police report, and later statements matter.
• Does the relationship qualify? The domestic assault law applies only to certain relationships, including dating relationships, as in our St. Clair Shores case.

Careful trial preparation wins many domestic violence cases. In our Chesterfield Township case, the prosecutor dismissed the charge on the day of trial because of the conflicting evidence.

Where Macomb County Domestic Violence Cases Are Heard

Misdemeanor domestic assault cases stay in the district court where the incident happened. Felony cases start there and move to the 16th Circuit Court in Mount Clemens if they’re bound over. We defend domestic violence charges in every Macomb County district court, including the courts serving Warren, Sterling Heights, Shelby Township, Clinton Township, St. Clair Shores, Roseville, Eastpointe, Romeo, and Chesterfield Township.

For more about domestic violence law across Michigan, see our domestic violence defense page.

Macomb County Domestic Violence FAQ

Can the alleged victim drop the charges?

No. Only the prosecutor can dismiss a criminal charge. The alleged victim’s wishes can still matter, and a case may be harder to prove without their testimony, but the decision belongs to the prosecutor.

Can I go home after a domestic violence arrest?

Not if your bond conditions say you can’t. A no-contact or stay-away condition stays in effect until a judge changes it, even if the alleged victim wants you back. Your lawyer can ask the court to modify it.

Will a domestic violence charge stay on my record?

A conviction will. However, if you qualify for deferral under MCL 769.4a and complete probation, the case is dismissed without a conviction, although it can still count as a prior if you’re charged again.

Does a domestic violence case affect my gun rights?

It can. Bond conditions and PPOs can bar firearms while the case is pending, and a conviction, even for a misdemeanor, can trigger a federal firearms ban.

Talk to a Macomb County Domestic Violence Lawyer

• Former Detroit police officer who investigated domestic violence calls and knows how those arrests are made
• Licensed in Michigan since 2008, with experience before every criminal court judge in Macomb County
• Free consultations, available 24/7, in person at our Troy office or virtually
• Credit cards accepted and payment plans available

Call (248) 468-1468 or contact us online, especially if you need a no-contact condition changed.