Domestic Violence Family Law Attorney in Traverse City, MI

Domestic violence can significantly impact divorce proceedings and other family law matters. Whether you’re the victim or the accused, a divorce involving domestic violence or alleged abuse can be stressful and complicated. Nobody should have to suffer from domestic abuse. But false allegations can also have serious harmful impacts on the accused. No matter which side of a domestic violence charge you’re on, Alward Fisher is here to help.

Our domestic violence family attorneys have the experience necessary to handle any family law case, no matter how contentious or complex. Our lawyers have more than 100 years of combined legal experience and thorough knowledge of Michigan family law. We will work tirelessly to get the best outcome in your case. Contact our office to speak to a domestic violence divorce lawyer today in Traverse City, MI.

What Is Considered Domestic Violence in Michigan?

Under Michigan law, domestic violence is the crime of an assault on a person’s:

• Current or former spouse
• Current or former dating partner
• Current or former resident of their household
• Biological mother or father of their shared child

Under Michigan’s domestic violence law, abuse can be physical, emotional, or sexual. A person does not have to be physically touched to be a victim of domestic violence. Domestic abuse can include physical assault, stalking, sexual abuse, threats, manipulation, and financial control.

Can Domestic Violence Affect Divorce Proceedings?

Domestic abuse can significantly impact divorce proceedings in Michigan. A spouse accused of domestic violence may lose custody of their children or property.

A divorce involving domestic violence can also be an urgent and delicate matter. You need a reliable and compassionate family law attorney to help make sure you and any children involved are safe. This may require filing for a Personal Protection Order (PPO) and other measures. A skilled lawyer can help you through the divorce process, protect your rights, and manage communication with your spouse.

How Does Domestic Violence Affect the Outcome of a Divorce?

There are two main ways that accusations or charges of domestic violence can affect the outcome of a divorce in Michigan:

• Division of marital property — Under Michigan’s divorce laws, shared marital property must be divided “equitably.” This means roughly equally, but not necessarily an even split. One of the factors a judge will take into consideration when deciding how to divide shared property is any history of domestic abuse. A spouse who has suffered domestic violence may get a larger share of the property.
• Child custody arrangements — While the courts generally want both parents equally involved in a child’s life, they also want to ensure that a child is safe. If one parent has been accused of or charged with domestic violence, a judge will likely award full custody to the other parent. The judge may also restrict the visitation rights of the parent accused of domestic violence, such as limiting a parent’s time with his or her children or ordering that parenting time be supervised by a third party. A spouse accused of domestic violence may pay more in alimony or child support.

What to Do If I Was Falsely Accused of Domestic Violence

If you have been accused of domestic violence, you might be unsure of how the allegations will impact your life. At Alward Fisher, our Traverse City family attorneys know that you might be concerned about your rights, reputation, and ability to be with your children.

It is not unheard of for a spouse to make false accusations of domestic violence to gain leverage in a divorce. We know how damaging false domestic violence charges can be during divorce proceedings. If your spouse has falsely accused you of domestic violence, there are steps you can take to protect your legal rights and have the best chance of avoiding criminal charges:

• Stay calm — Being falsely accused of domestic violence can be infuriating and frightening. But angrily reacting to the allegations will only make you look worse. Do not say or do anything rash that could affect your divorce proceedings.
• Hire a lawyer immediately — You have no time to lose if your spouse or partner has falsely accused you of domestic violence. An attorney can gather evidence such as testimony from character witnesses, police reports, and other documentation to refute the allegations against you as soon as possible and make a strong case in your favor.
• Do not violate any personal protection orders — If your spouse or partner has a personal protection order against you, do not breach any of its terms or conditions. Do not meet or contact your accuser or anyone named in the order. This includes using a third party, like a friend or family member, to contact them on your behalf. A lawyer can help you get a personal protection order modified or terminated. But breaking the order only gives the court more reason to rule against you.
• Stick to your defense — Your attorney will evaluate your case and help you develop a defense strategy you will need to follow. Do not change your story or contradict your previous statement to lawyers or law enforcement. This will only make it harder to maintain your innocence. Follow your lawyer’s advice, and do not speak to anyone without your attorney.

Allegations of domestic violence could have far-reaching consequences beyond divorce proceedings. A domestic violence conviction in Michigan can lead to a criminal record and probation, disqualification for certain professional licenses, the inability to secure housing, and a ruined reputation. That’s why it’s crucial to hire an experienced domestic violence divorce lawyer who understands Michigan family law and can protect your rights throughout divorce proceedings.

Involved in an Issue Regarding Domestic Violence and Divorce? Talk to Our Experienced Family Law Attorneys in Traverse City, MI Today

If you’re going through a divorce involving domestic violence, you likely feel overwhelmed and uncertain about your future. A compassionate domestic violence family lawyer helping you through the process can protect your rights and safety. Let us put our skills and experience to work for you. Contact our office today to speak to an experienced family law attorney in Traverse City.