Former Michigan Prosecutor | Jonathan Andrew Paul
  • Crimes
    • Domestic Violence
    • Retail Fraud
    • Drug Offenses
    • Assaultive
    • College/Tailgate Offenses >
      • Minor in Possession
      • Ann Arbor MIP
      • Ann Arbor Fake ID
      • Ann Arbor UIP
      • Ann Arbor Open Container
    • Resisting Arrest
    • Handling a Traffic Ticket
    • Careless/Reckless Driving
    • Probation Violation
    • Early Discharge Probation
    • Larceny
    • Malicious Destruction of Property
    • Embezzlement
    • Juvenile Charges
  • Drunk Driving
    • Evidence >
      • Chemical Tests >
        • Implied Consent Law
        • Independent Chemical Test
        • Single Car Accident | DUI Defense
        • Effects of Body Temperature
        • Cross-Examining the DataMaster
        • Blood Testing 101
        • Impact of Methyl Alcohol/Paraldehyde
        • Radio Frequency Issues w/DataMaster
      • Right to Counsel
      • Preliminary Breath Test (PBT)
      • Field Sobriety Tests
      • Police Traffic Stop >
        • Sleeping in Car Defense
        • Cross-Examination - The Not Driving Defense
      • Police Statements
    • DUI Consequences >
      • Ignition Interlock
      • Restitution
      • Vehicle Immobilization
      • Travel Restrictions
      • Child Custody
      • Employment/Education
      • Traveling to Canada?
      • Vehicle Forfeiture
      • Civil Liability
      • Commercial Driver's License
    • DUI Trial Guide >
      • Jury Selection
      • Opening Statement
      • Cross-Examination
      • Closing Argument
      • Jury vs Bench Trial
    • Setting Bond >
      • Alcohol/Drug Testing Part #1
      • Alcohol/Drug Testing Part #2
      • Posting Bond
    • DUI Offenses >
      • Operating While Intoxicated
      • Operating While Visibly Impaired
      • Super Drunk/High BAC
      • Operating Presence of Controlled Substance
      • Child Endangerment
      • Felony Drunk Driving
      • DUI Under 21 Years Old
      • DUI Causing Injury/Death
    • Sobriety Court
    • DUI Pardons
  • Hiring a Super Lawyer
  • Courts
    • Wayne County >
      • More Courts >
        • Allen Park
        • Dearborn Heights
        • Detroit
        • Ecorse
        • Hamtramck
        • Harper Woods
        • Highland
        • Lincoln Park
        • Redford
        • Southgate
        • Taylor
        • Woodhaven
        • Wyandotte
      • Plymouth
      • Northville
      • Canton
      • Romulus
      • Livonia
      • Dearborn
      • Grosse Pointe
      • Westland
    • Oakland County >
      • Novi
      • Troy
      • Southfield
      • Royal Oak | Berkley
      • Rochester Hills
      • Farmington Hills
      • Bloomfield Hills
      • Waterford
      • Clarkston
      • Oak Park
      • Pontiac
      • Ferndale/Madison Heights/Hazel Park Drunk Driving DUI Criminal Attorney | Oakland County
    • Washtenaw County >
      • Ann Arbor
      • Chelsea
      • Pittsfield Township
      • Saline
      • Ypsilanti 14A
      • Ypsilanti 14B
    • Macomb County >
      • Center Line
      • Clinton Township
      • Eastpointe
      • Fraser
      • New Baltimore
      • Romeo
      • Roseville
      • Shelby Township
      • Sterling Heights
      • St. Clair Shores
      • Warren
    • Jackson County
    • Lenawee County
    • Livingston County
    • Monroe County
    • East Lansing
  • Expungement
    • DUI Expungement
  • 5-Star DUI Defense
  • Legal Guides
    • FAQ
    • DUI Expungement
    • Arrested in Michigan? NOW WHAT!
    • Being Investigated?
    • 18 Key Questions for DUI's
    • Michigan License Restoration
  • Client Reviews
  • Growth Mindset
  • Inside the Prosecutor Mind
    • Drunk Driving >
      • OWI First Offense
      • OWI Second Offense
      • OWI Third Offense
      • Field Sobriety Tests
      • Chemical Tests
      • Implied Consent
      • Hardship License
      • Sobriety Court
    • Expungement
    • Assault/DV Charges >
      • Domestic Violence
      • Misdemeanor Assault
      • Felonious Assault
    • Theft Offenses >
      • Retail Fraud
      • Embezzlement
      • Larceny
    • College Offenses >
      • Open Container
      • Minor in Possession (MIP)
      • Urinating in Public
      • Fake ID
    • Drug Charges >
      • Felony Drug Possession
    • Driving - Traffic >
      • Reckless Careless Driving
      • Driving While License Suspended
      • Leaving Scene of Accident
    • Disorderly Conduct
    • Probation Violation
    • Resisting Arrest
    • Malicious Destruction of Property
    • Travel Requests
    • Bond Violations
  • Contact Me
  • Leading with Empathy
  • Blog

Call Me: 248-924-9458

Domestic Violence in Ann Arbor 
A Prosecutor's View of DV in Michigan

The interests of the victim

We are not talking here about whether the victim has asked that the charges be dropped.  Rather, the consideration is one of the victim’s safety.  The safety of a victim is always a charging consideration.  It is critical that one understands that most batterers (like most criminals) engage in a cost/benefit analysis-does the benefit of gaining and maintaining coercive control over their intimate partner through battering outweigh the cost of sanctions that may be imposed?  Appropriate charging raises the cost to the batterer to a level that he may not be willing to pay.  Some will choose not to batter and, therefore, the victim’s long-term safety is enhanced.

You need to be conscious of the victim’s immediate safety, too. Appropriately charging a case of serious violence can mean that the batterer may not be released on bond, or if released, the bond will impose the appropriate protective conditions. 

Appropriate charging also leads to appropriate sentencing.  The wrong charging decision can seriously limit the range of possible sentences and endanger the victim by placing a violent batterer on probation when a jail or prison sentence is necessary to protect the victim.

Appropriate charging also leads to appropriate criminal histories.  Charging (and convicting) a batterer of a lesser charge of assault and battery when he used a dangerous weapon or caused serious injury, or when he is a repeat offender, creates a record that doesn’t accurately reflect the potential lethality of the batterer. Other criminal justice system personnel will rely on this inaccurate record to make future decisions about the batterer.

Holding the batterer accountable through the criminal justice system can have salutary effects for victims and society.  However, survivors of domestic violence have legitimate concerns about participating in the criminal justice system that should be taken into account when making the charging decision.  In some circumstances alternative interventions to the justice system may be more appropriate and safe for the survivor and her family. 

For example, the victim may be financially dependent upon the batterer or she may be reluctant to separate the defendant from his children.  The victim may lack the emotional resources to participate in multiple court proceedings if there is a pending divorce and/or child custody case.  The victim may perceive the criminal justice system as racist and therefore mistrust its ability to appropriately respond and keep her and her family safe.  The victim may fear CPS intervention.  The victim may fear ostracism from and rejection by her family and her cultural or religious community.  

Some of these can be addressed to a greater or lesser degree by the criminal justice system.  For example, a victim’s financial independence can be addressed with a bond condition requiring the defendant to maintain mortgage or rent payments, or pay an appropriate amount in child support.  Others, like the perception of racism in the criminal justice system, are much harder to address.  Difficult or not, these legitimate concerns and creative alternatives should be considered.

To learn more about domestic violence in Michigan, click here. 
Picture
domestic violence lawyer, dv attorney, oakland county, ann arbor, wayne county
Jonathan Andrew PaulReviewsout of 155 reviews

    Insider Information from a  Former Michigan Prosecutor
    Please fill out the confidential form below or call me.

Submit
Representing clients in Ann Arbor, Canton, Brighton, Howell, Saline, Adrian, Taylor, Plymouth, Northville, Westland, Ypsilanti, Pittsfield Towsnhip, Warren, Sterling Heights, Farmington, Pontiac, Romulus, Lansing, Novi, South Lyon, Southfield, Birmingham, Bloomfield Hills, Royal Oak, Troy, Rochester, Jackson, East Lansing, Garden City, Livonia, Dearborn, Detroit, St Clair Shores, Hazel Park, Ferndale, Madison Heights, Waterford, Milford, Shelby Township Clarkston, Oak Park, Berkley, Fraser, Sterling Heights, Clinton Township and others throughout Washtenaw, Wayne, Monroe, Jackson,  Macomb, Ingham, Lenawee, Livingston, Oakland County & Northern Michigan 

Representing clients faced with DUI/drunk driving, retail fraud, possession of marijuana, domestic violence, reckless driving, leaving the scene of an accident, fake ID, open container  and other misdemeanor and felony charges. 

Evening & Weekend Service Available Call Me: 248-924-9458

Picture

Ann Arbor Office Location

Plymouth Office Location

Michigan Defense Attorney Jonathan Paul - Former New York & Michigan Prosecutor