Wayne County Domestic Violence Lawyer

A domestic violence charge can bring an arrest, a no-contact order, and the loss of your gun rights before you ever see a judge. Attorney Christopher Brown is a Wayne County domestic violence lawyer and former Detroit police officer who investigated many domestic violence calls himself. Today, he defends clients charged in every Wayne County court.

Recent Domestic Violence Results

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

Domestic Violence Charge Dismissed on the Trial Date — Livonia

Our client was accused of assaulting his girlfriend after an argument over a social media post. He denied the allegations and set the case for trial. The complainant contradicted herself several times in her police statement, and when she did not appear for trial, the case was dismissed.

16th District Court — Livonia, Wayne County

Domestic Violence Charge Dismissed, Preserving Military Eligibility — Livonia

Our client was involved in a family argument that turned physical. After reviewing additional information from our office, the prosecutor agreed to dismiss the case so our client could remain eligible for military service.

16th District Court — Livonia, Wayne County

Child Abuse Charge Amended and Dismissed Under MCL 769.4a — Dearborn Heights

Our client was charged with fourth-degree child abuse, a misdemeanor punishable by up to one year in jail, after he disciplined his child with a belt. The discipline followed the child’s use of our client’s credit card without permission on two occasions. A friend at school told a counselor, who is a mandatory reporter. We presented all the mitigating circumstances to the prosecutor, and our client completed a parenting class. As a result, the prosecutor amended the charge to domestic violence and agreed to deferral under MCL 769.4a. Our client completed the deferral, and the court dismissed the case. He has no criminal conviction that could have damaged his career and future job opportunities.

20th District Court — Dearborn Heights, Wayne County

Felonious Assault Dismissed at the Preliminary Exam — Madison Heights

In a stabbing case, the prosecution tried to prove its case with the complainant’s statements at the hospital. We argued that this violated our client’s constitutional right to confront his accuser, and the court dismissed the felony before it ever reached Circuit Court.

43rd District Court — Madison Heights, Oakland County

See more of our case results.

What a Former Officer Knows About Domestic Violence Arrests

As a Detroit police officer, Attorney Brown responded to and investigated many domestic violence calls. He knows how police training tells officers to handle them, and he knows where those investigations go wrong.

In his experience, police training teaches officers that someone goes to jail on a domestic violence call. Yet when officers arrive, they often can’t tell who the aggressor was or whether someone acted in self-defense. As a result, the arrest tends to fall on the man or the larger person, even when the facts point the other way.

Why the Audio and Video Matter

For that reason, Attorney Brown gets all of the audio and video in every case. That includes body camera and dash camera footage, the 911 call, and any recordings from the scene. The recordings often show what really happened, and they can contradict the police report or the complainant’s account.

The Complainant Can’t Drop the Charges

Many people believe that if the complainant doesn’t want to press charges, the case goes away. It doesn’t. In Michigan, the prosecutor decides whether a domestic violence case moves forward, not the complainant. The complainant’s wishes may still matter, and the prosecutor must consult with the complainant before agreeing to a first-offender deferral. However, the complainant has no power to dismiss the case.

When the Complainant Won’t Testify or Recants

Even so, a complainant who won’t testify can change the case. If the complainant testified at the preliminary exam and later becomes unavailable for trial, the prosecutor may try to use that earlier testimony. That’s only allowed when the court finds the witness truly unavailable and the defense had a real chance to cross-examine at the earlier hearing. A recantation also doesn’t automatically erase earlier statements, so a Wayne County domestic violence lawyer has to challenge how the prosecutor tries to use them.

In addition, in Attorney Brown’s experience, detectives often just mail a domestic violence complainant’s subpoena or leave it as a voicemail. That isn’t proper service, so it can’t support holding a complainant in contempt for not appearing.

Hospital Records and Your Right to Confront Your Accuser

Prosecutors sometimes try to prove a domestic violence case through what the complainant told doctors, nurses, or EMS workers, without the complainant ever testifying. Michigan’s rules of evidence allow some statements made for medical treatment. However, the Sixth Amendment gives you the right to confront the witnesses against you. Under the U.S. Supreme Court’s decision in Crawford v. Washington, the prosecution can’t use a “testimonial” statement from a witness who doesn’t testify unless you had a prior chance to cross-examine that witness.

Whether a hospital statement is testimonial depends on why it was made. A statement describing symptoms to get treatment is different from an account of who did what, given to build a case. In our Madison Heights case above, the prosecution tried to prove its case with the complainant’s statements at the hospital. We argued that this violated our client’s right to confront his accuser, and the court dismissed the case.

Deferral Under MCL 769.4a

For a first offense, Michigan’s domestic violence deferral statute, MCL 769.4a, can keep a conviction off your record. To qualify, you can’t have a prior conviction for an assaultive crime, and both you and the prosecutor must agree. If the court grants the deferral, you serve a term of probation. When you complete it, the court dismisses the case without a finding of guilt.

There are limits. You can use 769.4a only once in your life. In addition, a 769.4a dismissal still counts as a prior conviction if you’re ever charged with domestic violence again. As our Dearborn Heights case shows, mitigation can also persuade the prosecutor to amend a more serious charge so that a 769.4a deferral becomes possible.

Domestic Violence and Your Gun Rights

A domestic violence conviction can cost you your firearms under both Michigan and federal law.

• Michigan law: After a misdemeanor domestic violence conviction, you can’t possess a firearm until eight years after you’ve paid all fines, served any jail time, and completed probation.
• Federal law: A qualifying misdemeanor domestic violence conviction triggers a federal firearm ban with no set end date.
• A 769.4a dismissal is different: Because a completed 769.4a deferral ends without a conviction, it generally doesn’t trigger the conviction-based firearm bans. However, a personal protection order or bond condition can still restrict your gun rights while the case or order is active.

For anyone who owns firearms, a Wayne County domestic violence lawyer should treat avoiding a conviction as a top priority. For more about gun charges, see our Wayne County gun crime page.

Which Wayne County Courts Hear Domestic Violence Cases

Misdemeanor domestic violence cases stay in the district court where the arrest happened. Felony cases, such as aggravated domestic violence with serious injury or a third offense, start there and move to the Third Circuit Court if bound over. We defend domestic violence charges in every Wayne County district court, including the courts serving Dearborn, Dearborn Heights, Livonia, Westland, Canton, and Taylor.

For domestic violence defense in Oakland County, see our Oakland County domestic violence page.

We also handle Wayne County drunk driving and drug cases.

Wayne County Domestic Violence FAQ

Can the victim drop domestic violence charges in Michigan?

No. The prosecutor decides whether the case goes forward. The complainant’s wishes can matter, but the complainant can’t dismiss the case.

Will a domestic violence conviction affect my gun rights?

Yes. A misdemeanor domestic violence conviction brings an eight-year Michigan firearm ban after you finish your sentence, and federal law can add its own ban. A completed 769.4a deferral generally avoids those conviction-based bans.

Can the prosecutor use what the complainant told the hospital?

Sometimes, but not always. Statements made for medical treatment can be admissible, but if a statement is testimonial and the complainant doesn’t testify, your right to confront your accuser may keep it out. A Wayne County domestic violence lawyer can challenge it.

What is MCL 769.4a?

It’s Michigan’s one-time deferral for a first domestic violence offense. You complete probation, and the court dismisses the case without a conviction.

Talk to a Wayne County Domestic Violence Lawyer

• Former Detroit police officer who investigated domestic violence calls firsthand
• Assigned counsel in Wayne County Circuit Court from 2009 to 2020
• Licensed in Michigan since 2008, with experience before every district court judge in Wayne 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.