The term domestic violence falls under the statutory definition of a “dating relationship.” If the individual committing an assault or assault and battery on his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household then he or she is in a “dating relationship.”
Frequently, there are no independent witnesses to an alleged act of domestic violence, nor is there any tangible proof of any injury. Many times it is a case of “she said, he said” and false accusations are regularly made to try and gain leverage in a divorce or child custody situation or even as a result of a break-up. We at the West Michigan Defense Team handle these cases with regularity and have been very successful in getting not guilty verdicts at trial, dismissals from the prosecutor’s and diversion programs for first time offenders.
The diversion program for first-time offenders convicted of or who plead guilty to a domestic violence charge can receive an automatic expungement of the charge from his or her record upon successful completion of probation. In order to qualify for the diversion program the individual must not have a prior assaultive conviction on his or her criminal record.
If you have been accused of domestic violence, you owe it to yourself to contact the West Michigan Defense Team to see what your best options are.