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Facing a Domestic Violence Charge in Oakland County: A Comprehensive Guide to Your Defense

9/18/2024

 
Domestic violence charges can have life-changing consequences, impacting your reputation, career, and family relationships. Oakland County, Michigan, is home to a variety of cities and townships that are served by multiple district courts, each handling domestic violence cases within their jurisdiction. Understanding the court system and how to approach your case with a skilled defense attorney is essential to protecting your future.

As a former Oakland County prosecutor, Jonathan Paul brings valuable insight into how these cases are handled by the court system. He has prosecuted numerous domestic violence cases and now uses that experience to defend clients who have found themselves in difficult situations. Jonathan understands how the prosecution builds its case, and he uses that knowledge to create strategic, personalized defenses for his clients.

Oakland County District Courts: Navigating Domestic Violence Charges Across the County 

In Oakland County, domestic violence charges are heard in several district courts, depending on where the incident occurred. Below is a comprehensive list of district courts in Oakland County and the cities they serve:
  • 43rd District Court (serving Ferndale, Madison Heights, and Hazel Park)
  • 44th District Court (serving Royal Oak)
  • 45A District Court (serving Berkley and Huntington Woods)
  • 45B District Court (serving Oak Park)
  • 46th District Court (serving Southfield, Lathrup Village, Beverly Hills, and Bingham Farms)
  • 47th District Court (serving Farmington and Farmington Hills)
  • 48th District Court (serving Bloomfield Township, Birmingham, Keego Harbor, Orchard Lake Village, and Sylvan Lake)
  • 50th District Court (serving Pontiac)
  • 51st District Court (serving Waterford Township)
  • 52nd District Courts, which are divided into four distinct divisions:
    • 52-1 District Court (serving Novi, Commerce Township, Highland Township, Milford Township, South Lyon, and Wixom)
    • 52-2 District Court (serving Clarkston, Independence Township, Holly, Orion Township, Rose Township, and Brandon Township)
    • 52-3 District Court (serving Rochester Hills, Auburn Hills, Lake Angelus, Oxford Township, Addison Township, and Oakland Township)
    • 52-4 District Court (serving Troy and Clawson)
Each of these courts handles domestic violence charges in a specific way, influenced by the presiding judges and local procedures. Jonathan Paul has experience working with the judges and prosecutors in these courts, giving him a unique ability to navigate the system and advocate for the best possible outcomes for his clients.

The Legal Standards for Michigan Domestic Violence Charges

In Michigan, domestic violence charges fall under several categories based on the relationship between the defendant and the victim. The prosecution must prove that an assault or battery occurred between individuals in one of the following relationships:
  • Spouses or former spouses
  • Individuals who share a child in common
  • Current or former household residents
  • Individuals in a current or previous dating relationship
An assault is defined as an attempt or threat to physically harm another person, while a battery involves actual physical contact. Importantly, the prosecution must prove that the contact or attempt was intentional and not accidental.
Consequences of a Domestic Violence Conviction

The severity of the consequences you face depends on whether this is your first offense or if you have prior convictions for domestic violence. In Oakland County, penalties for domestic violence may include:
  • First-time Offender: Up to 93 days in jail, fines, probation, and mandatory counseling.
  • Second-time Offender: Up to one year in jail, higher fines, and more intensive probation requirements.
  • Third-time Offender (Felony): Up to five years in prison, along with significant fines and potential long-term repercussions, such as the loss of certain civil rights.
In addition to the legal consequences, a conviction can severely damage your personal and professional life, making it harder to obtain employment, housing, or maintain custody of children. You may also be subject to restraining orders or protection orders that limit your ability to contact the alleged victim.

Jonathan Paul's Approach: Compassionate and Strategic Defense

Jonathan Paul approaches each domestic violence case with empathy and an understanding that many of his clients have never been in trouble with the law before. Domestic violence charges often arise from isolated incidents or misunderstandings, and Jonathan takes the time to listen to his clients, learn about their unique situations, and develop a tailored defense strategy. Here’s how Jonathan Paul defends his clients:

1. Personalized Defense Strategy
No two domestic violence cases are alike. Jonathan builds individualized defense strategies for his clients, whether the case involves claims of self-defense, accidental contact, or issues of credibility between the defendant and the victim. He thoroughly investigates the facts and works with his clients to present the strongest possible defense.
2. Expert Knowledge of Oakland County Courts
Having served as a prosecutor in Oakland County, Jonathan knows how the Oakland County Prosecutor’s Office approaches domestic violence cases. He uses that inside knowledge to craft defense strategies that are designed to counter the prosecution’s tactics. Jonathan has strong relationships with many of the county’s judges and prosecutors, allowing him to negotiate favorable plea agreements when appropriate or fight aggressively for dismissal at trial.
3. Plea Bargaining and Deferred Sentencing
In many cases, Jonathan is able to negotiate deferred sentencing under MCL 769.4A. This statute allows first-time domestic violence offenders to plead guilty or no contest to a charge, with the understanding that the conviction will be deferred and dismissed if the defendant successfully completes a period of probation. Jonathan works closely with the court and the prosecutor to ensure that his clients are given the opportunity to keep their records clean through this program.

4. Trial Strategy and Cross-Examination
If the case goes to trial, Jonathan uses his experience as a prosecutor to effectively cross-examine witnesses and challenge the prosecution’s evidence. In domestic violence cases, the prosecution is often allowed to introduce evidence of past incidents or testimony from previous victims. Jonathan prepares his clients for these challenges and fights to keep improper or prejudicial evidence out of court.

Why You Need a Skilled Domestic Violence Attorney
Domestic violence cases in Oakland County can be complicated, and having an attorney who understands the specific processes of the local district courts is essential. Jonathan Paul’s experience as a former prosecutor in Oakland County gives him a distinct advantage in defending these cases. He understands how the prosecution thinks, what evidence they will focus on, and how to present the most effective defense.
​
Contact Jonathan Paul for Your Oakland County Domestic Violence Defense
If you’ve been charged with domestic violence in Oakland County, you need an attorney who understands the legal system and will advocate for your rights. As a former Oakland County prosecutor, Jonathan Paul has the knowledge, experience, and empathy to help you navigate your case and achieve the best possible outcome. Contact Jonathan Paul today for a consultation and start building your defense.

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Call Me: 248-924-9458
Email Me: [email protected]
  • 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
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    • DUI Expungement
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      • Fake ID
      • Minor in Possession
      • Open Container / Open Intox
      • UIP / Urinating
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