November 21, 2024

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General Attorneys

Domestic Violence Can Be Wrongfully Accused

Domestic Violence Can Be Wrongfully Accused

Domestic violence is classified as a pattern of learned behavior in which a person uses physical, sexual and emotional abuse to control another human being. In most cases, this behavior is passed on through generations, where victims become the attackers.

Such a matter is no longer a family matter; in today’s society, it is a crime. According to the Michigan State Police Uniform Crime Report, there were 101,388 reported victims and 93 reported murders relating to domestic violence in 2007. Those figures are grossly underreported as many victims never report such incidents.

In Michigan, this October has been named Domestic Violence Awareness Month. Authorities and community leaders want citizens to do their part to end this violence in the state. On October 2nd, about one hundred people walked in protest to domestic violence. Sparked by the killing of a Detroit woman by her boyfriend, these protestors want the youth of Michigan to know that this is not normal behavior and will not be tolerated. They want people to be aware of the truth regarding the vicious cycle. As it is the leading cause of injury towards women, something dramatic must be done to stop it.

Under Michigan law, domestic relationships consist of a spouse or former spouse, dating relationship or former dating relationship, child in common, and resident or former resident of the same household. These cases take on many shapes and forms. Physical abuse can include pushing, kicking, slapping, biting, strangulation, hitting, punching, locking someone out of their home, denying help when injured or pregnant, unlawful confinement, throwing objects at the victim and abandonment in a dangerous situation. It can also include sexual abuse, such as sexual assault, rape, being forced to dress or undress or any other kind of unwanted sexual contact.

Domestic abuse also includes economic abuse. When a person is denied access to bank accounts, their credit cards or their vehicle, it is categorized as domestic abuse. Additionally, when one partner controls the finances, denying the other person access to their money, this would fall under abuse. Preventing one from getting a job or going to school is domestic abuse. Even limiting access to health, prescriptions and dental insurance is considered to be abusive.

It can’t be denied that domestic abuse is a real problem; however, all too often people use domestic abuse charges as a means for control against an innocent person. This is especially true in the case of a bitter breakup, divorce or a child custody battle.

When people make false accusations of domestic violence, they are directly affecting another person’s livelihood and their future. A conviction can send someone to jail, it can prohibit access to their children and it can forever limit employment and housing opportunities.

When a person makes a domestic violence call, the police have to investigate. Even if the person who made the call drops all charges, the prosecutor can decide to press charges anyway. It is not up to the victims to decide whether charges are pressed or not, it is up to the prosecutor. This is why it is so important that you hire an experienced Michigan criminal defense attorney to defend you when you are facing allegations. Often times it is your word against the victims and there could be little evidence to support your case. Your lawyer will be familiar with the criminal justice system and how domestic violence charges can be misused. Their insight will prove invaluable when they are defending you against such charges.

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