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Can my spouse use past incidents of domestic violence against me in Michigan?

5/11/2017

 
To clarify, the spouse in this situation is not the one charging you with domestic violence, it is a prosecuting agency for a city, township, village, county etc.  This prosecutor can use prior incidents against you in two different ways. 

One, if you have a prior DV case, against or not against the victim in the current case, the prosecutor is unlikely to offer the 769.4A dismissal program in your case, which means we will need to set the case for trial.  It may also make the charge more serious with a prior, which extends the maximum penalties.  

Two, if you set your case for trial, the prosecutor may file notice of intention to use prior DV incidents at trial, either convictions or cases that were not formally charged against you.  A judge decides if these incidents are allowed to be used at trial, but if they are, it's certainly a point of strength for the prosecutor in convincing a jury or judge that the current incident is in fact a crime.  Facts about a past incident is likely to assist a prosecutor in convincing a jury or judge that you simply did it again, in a sense a pattern of domestic violence. 

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  • The New Rules of Domestic Violence
  • Divorce/Family Issues
    • Filing for Divorce
    • Child Custody
    • Parenting Time
    • Moving with the Kids
    • Spousal Support
    • Personal Protection Orders
    • Property Division
    • Retirement Benefits
    • Child Support
    • Prenuptial Agreements
  • Survival Guide
    • Wayne County >
      • Wayne County
      • Plymouth Canton Northville
      • Dearborn
      • Livonia
      • Woodhaven/Brownstown Twp
      • Westland
      • DV Attorney | Arrest Romulus - Belleville - Van Buren Twp
    • Oakland County >
      • Novi
      • Rochester Hills
      • Farmington Hills
      • Royal Oak
      • Troy/Clawson
      • Bloomfield Hills
      • Southfield
      • Waterford
      • Oak Park
      • DV Attorney | Arrest Clarkston/White Lake Domestic Violence
    • Washtenaw County >
      • Ann Arbor
      • Pittsfield Township
      • Ypsilanti 14A-2
      • Chelsea
      • Saline
      • Ypsilanti 14-B
    • Ingham County
    • Genesee County
    • Monroe County
    • Jackson County
    • Livingston County
    • DV Attorney | Arrest Macomb County
  • Our Team
  • Meet Jonathan
  • Reviews