Self-Defense
You have the right to use reasonable force to protect yourself from an imminent assault.
Oakland County domestic-violence defense
Domestic Violence Attorney in Oakland County, Michigan
A domestic-violence accusation can affect your freedom, your home, your parenting time, and your reputation before the facts have been tested. Brikho Law provides calm, direct representation when the situation is personal and the process is moving fast.
When the call cannot wait
If police have been called or a no-contact order is in place, get advice before reaching out.
Direct response for urgent case questions
Immediate Action
What to Do in the First 24 Hours
- 1Comply strictly with any no-contact or protective orders, even if the other party initiates contact.
- 2Do not contact the complaining witness or ask someone else to deliver a message on your behalf.
- 3Do not make statements to law enforcement without an attorney present.
Statutory Definitions
How Michigan Law Defines the Charge
MCL 750.81 (Domestic Assault)
Under MCL 750.81, an individual who assaults or batters their spouse, former spouse, an individual with whom they have had a child, a resident or former resident of the same household, or an individual with whom they have had a dating relationship is guilty of domestic assault. Note: Statute details must be verified by an attorney.
Consequences
Potential Penalties
Penalties escalate with prior convictions or aggravating factors. Verify specific exposure with an attorney before publication or reliance.
| Offense | Jail/Prison | Fines | Other Ramifications |
|---|---|---|---|
| 1st Offense (Misdemeanor) | Up to 93 days | Up to $500 | Probation, mandatory batterer intervention or anger management classes |
| 2nd Offense (Misdemeanor) | Up to 1 year | Up to $1,000 | Probation, extensive counseling requirements |
| 3rd Offense (Felony) | Up to 5 years prison | Up to $5,000 | Supervised probation, strict protective orders |
| Aggravated Domestic Assault (1st) | Up to 1 year | Up to $1,000 | Requires serious or aggravated injury without a weapon |
Jurisdiction
Oakland County Courts
We actively represent clients across the entire local jurisdiction, including the 6th Circuit Court and all district divisions:
43rd District Court (Ferndale, Hazel Park, Madison Heights)
44th District Court (Royal Oak, Berkley)
45th District Court (Oak Park, Huntington Woods)
46th District Court (Southfield, Lathrup Village)
47th District Court (Farmington, Farmington Hills)
48th District Court (Bloomfield Hills, Birmingham, West Bloomfield)
50th District Court (Pontiac)
51st District Court (Waterford)
52-1 District Court (Novi, Commerce, South Lyon, Walled Lake, Wixom)
52-2 District Court (Clarkston, Independence Twp, Springfield Twp, White Lake)
52-3 District Court (Rochester, Rochester Hills, Auburn Hills, Oxford, Orion, Lake Angelus)
52-4 District Court (Troy, Clawson)
6th Circuit Court (Pontiac)
The Procedure
Arraignment, Bond, and Pretrial
At arraignment, the judge will almost always issue a 'no-contact' order as a condition of your bond. This means you may not be able to return to your shared home or see your children until the order is modified.
During pretrial, we review the 911 calls, police reports, witness statements, and any available video/audio evidence. Negotiations may involve programs like MCL 769.4a (which allows for dismissal upon successful probation), but we prepare every case as if it is going to trial.
Legal Strategy
Common Defenses
False Accusations
Motivations such as custody disputes or impending divorce can lead to fabricated claims, which require thorough factual investigation.
Lack of Evidence
Often cases rely on 'he-said, she-said' scenarios without corroborating injuries, witnesses, or objective proof.
Our Approach
Why Choose Brikho Law
Miguel Brikho understands the unique dynamics of domestic violence cases in Oakland County. We know that these accusations disrupt families, careers, and reputations before a single fact is proven in court.
We provide direct, objective legal counsel. We promise rigorous trial preparation, aggressive cross-examination of the evidence, and strategic management of bond and protective orders.
Before you call
Frequently Asked Questions
General information cannot replace advice about your specific facts. It can help you know which documents and deadlines to bring to the conversation.
What should I do if there is a no-contact or protective order?
Read it carefully and follow it exactly, even if the other person contacts you first. Do not ask someone else to deliver a message. Bring the order to an attorney so its terms, exceptions, and court date can be reviewed.
Can the accuser drop domestic-violence charges?
The prosecutor, not the complaining witness, controls whether a criminal case continues. A request to dismiss may be considered, but it does not automatically end the case. Your defense should focus on the evidence and the legal process.
How can a domestic-violence accusation affect parenting time?
It can create immediate practical complications when a protective order or bond condition limits communication or contact. Do not make informal arrangements that conflict with an order. Legal advice should address the criminal case and the related family-court impact.
Will this charge stay on my record?
The answer depends on the outcome, the specific offense, and your history. A conviction and an arrest record can have different consequences. After the immediate case is understood, we can discuss what record-related options may exist.
What is MCL 769.4a?
This is a deferral program available for some first-time offenders. If eligible, pleading guilty under this statute allows for the dismissal of the charge upon successful completion of probation, keeping the conviction non-public.
Can I retrieve my belongings from my house?
Only if a judge specifically amends the no-contact order to allow a civil standby (where police escort you to retrieve essentials). Do not go on your own.
What if the accuser contacts me first?
You are still bound by the no-contact order. Responding can lead to bond revocation and additional charges. Do not respond; document the attempt and inform your attorney.
Will I lose my right to own a firearm?
Under federal and state law, a conviction for domestic violence generally prohibits you from purchasing or possessing firearms.
Domestic violence
Put the facts in the right hands.
Share only what you are comfortable putting in a first message. We will contact you to discuss the accusation, any orders, and the next court event.
Prefer to speak now?
(248) 294-1111Attorney-client relationship: Sending a message or submitting this form does not create an attorney-client relationship. Representation begins only after a written agreement is signed. This page provides general information, not definitive legal advice. Details like statutes and penalties must be verified by an attorney for your specific situation.