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A Comprehensive Guide to Navigating Domestic Violence Charges in 43rd District Court: Covering Madison Heights, Ferndale, and Hazel Park

9/5/2023

 
Introduction
If you find yourself charged with domestic violence in Michigan—specifically within the jurisdictions of Madison Heights, Ferndale, or Hazel Park—it's understandable to feel overwhelmed, anxious, and uncertain about what comes next. However, you are not alone. As an attorney with over a decade of experience in both prosecuting and defending these cases, I understand the human element behind every legal situation.

Overview of 43rd District Court: Madison Heights, Ferndale, Hazel Park
The 43rd District Court serves the cities of Madison Heights, Ferndale, and Hazel Park. Understanding the specific procedures and personnel of this court can be crucial for the outcome of your case.

What You Need to Know: Michigan Domestic Violence Laws
Assault and Battery: Definitions
In Michigan, assault is an act that causes another person to fear or apprehend immediate physical harm. Battery, on the other hand, is a forceful or violent touching of a person. These definitions set the groundwork for what constitutes domestic violence in the state.

Parties Involved
To be convicted of domestic violence in Michigan, it must be proven that you assaulted or battered:
  • A spouse or former spouse
  • A person with whom you share a child
  • A resident or former resident of your household
  • A person you are dating or have dated

First-Time Offenders: MCL 769.4A Plea Bargain
If you are a first-time offender, you may be eligible for a plea bargain under MCL 769.4A, but this requires both the prosecutor and judge to be in agreement with consultation of the victim; this is not an easy feat to accomplish and takes a lot of work and negotiations.  I've had prosecutors flat out reject the request and judges deny the opportunity at first pass; in my experience it takes a proactive approach and to go above and beyond on day one to make this goal a reality. 

769.4A involves admitting guilt or pleading no-contest while proceedings are deferred during a probationary period. Requirements during this period could include anger management, counseling, and drug or alcohol testing. If all conditions are met, your case could be dismissed.  My clients are well ahead of the same on these aspects and can expedite the process; clients also want to get home to their families and we are mindful of the best approach to do this. 

The Role of an Advocate: Your Defense Strategy in the 43rd District Court

Gathering Evidence
As your legal representative, I will undertake a thorough evidence review, possibly employing a private investigator to ensure that all angles are explored.

Legal Negotiations
While building up your defenses, I also engage in negotiations with the prosecutor. Sometimes, understanding the potential sentences from the judge can be key in deciding how to proceed.

Backup Plans
Part of our strategy involves formulating backup plans. Whether this means negotiating plea deals or gathering character references, the goal is always to present you in the best possible light.

The Trial: Unique Aspects of Domestic Violence Cases in Michigan
Past Incidents

One aspect unique to domestic violence cases is the use of past incidents as evidence, even if they weren't reported to the police at the time. Therefore, a strong defense involves anticipating this and preparing counter-arguments or character witnesses as needed.

Victim Statements

In Michigan domestic violence cases, prosecutors can introduce past statements the victim made to the police, even if they later recant or modify their story. Being prepared for this eventuality is crucial.

Conclusion: Take Control of Your Situation
Facing a domestic violence charge in the 43rd District Court serving Madison Heights, Ferndale, and Hazel Park is undoubtedly stressful. However, the right legal strategy can significantly affect the outcome. You're not just another case; you're an individual with your own story, worries, and goals. Together, we can strive for the best possible outcome, enabling you to move forward into a better future.

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    Jonathan Paul

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Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Township, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak , Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson, Saginaw, Macomb, Ingham, Lenawee, Charlevoix, Ottawa, Clinton, Eaton, Kent, Crawford, Allegan, Emmet, Barry, Kalkaska, St. Clair, Livingston, Oakland County & Northern Michigan. Representing clients faced with DUI/drunk driving, retail fraud, drug charges, MDOP, domestic violence, reckless driving, disorderly conduct, careless driving, leaving the scene of an accident, fake ID, open container  and other misdemeanor and felony charges. 
2723 S State St - Ann Arbor, MI 48104
472 Starkweather St, Plymouth, MI 48170
Former Prosecutor
Attorney Jonathan Paul 
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jonathan@michiganlawgrad.com
248-924-9458
  • Leading with Empathy
  • Types of Cases
    • Retail Fraud
    • Drunk Driving
    • Domestic VIolence/Assault
    • Violation of Probation
    • Early Release Probation
    • Embezzlement
    • Resisting Arrest
    • Leaving the Scene
    • Reckless/Careless Driving
    • MDOP
    • Drug Offenses
    • DUI Expungement
    • Tailgate Offenses
      • Fake ID
      • Open Container/Intox
      • UIP - Urinating
      • Minor in Possession
  • Contact Me
  • Client Reviews
  • Courts
    • Wayne County
      • 35th District Court
      • Livonia
      • Detroit
      • Allen Park
      • Westland
      • Dearborn
      • Southgate
      • Grosse Pointe
      • Romulus
      • Woodhaven
    • Oakland County
      • Royal Oak
      • Novi
      • Clarkston
      • Troy/Clawson
      • Rochester Hills
      • Bloomfield Hills
      • Pontiac
      • Farmington Hills
      • Southfield
      • Oak Park
      • Waterford
      • Madison Heights/Hazel Park/Ferndale
    • Washtenaw County
      • Ann Arbor 15th
      • 22nd Circuit Court
      • Saline 14A4
      • Pittsfield Twp 14A1
      • Ypsilanti 14A2
      • Ypsilanti 14B
      • Chelsea 14A3
    • Macomb County
      • Sterling Heights
      • Romeo
      • St Clair Shores
      • Warren/Center Line
      • Clinton Township
      • Fraser/Roseville
      • New Baltimore
      • Shelby Township
    • Monroe County
    • Lenawee County
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    • Genesee County
    • Livingston County
      • More Courts
        • Lincoln Park
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        • Taylor
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        • Harper Woods
    • East Lansing