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Winning in Washtenaw County -
​Domestic Violence Criminal Defense

Winning “A Proactive Approach to Assault/Domestic Violence”

Judge’s Take:  The judges of Washtenaw County handle domestic violence and assault cases with great care, because there is an alleged victim on the other side of the case.  Because of this, a judge is going to be very careful to protect the victim and monitor the person charged with these offenses.  

One difference with an assault case vs another type of charge is a judge in Washtenaw County is likely to put a no contact order in place, which is a court order for the person charged to not contact the alleged victim either directly or a third party.  If this condition is violated, the offender will likely spend time in jail, or have a very high bond set to remain out of jail.  

A judge views a domestic violence case as if there are three sides versus two, like most other cases.  It’s common for the alleged victim to appear in court with the judge interacting with the victim and the defendant together.  

It’s common in a domestic violence case for either the defendant or the defendant and the alleged victim to both want the no-contact order lifted, because the defendant wants to return to the home.  When it comes to finances and kids, it is difficult for one parent to be barred from the home, and even having contact with the alleged victim.
In Washtenaw County, some judges will consider lifting this order more than others, but if possible, I encourage my client that they are safer and in a better legal position to keep the no contact order in place.  I am usually dealing with a client who has had his spouse, girlfriend, boyfriend, friend or family member call the police on them; a lot of times true or not, my client tells me they did nothing wrong, or this person lied about the incident.  

My response is, if this is true, why would you want to put yourself back in that same position where not only will they call the police and have you arrested, but now you’re also violating court orders, and likely putting yourself in a position to go to jail and have a criminal record.  When possible, I tell my clients to stay out of the house; sometimes this is unavoidable and we make a compelling request to the judge to lift the order.  No matter our direction. my client is already being proactive from day one to impress upon the judge that they are already making changes in their life, and have the tools in place to avoid this incident.

Prosecutor’s Take: The Washtenaw County Prosecutor’s Office handles the majority of domestic violence cases in the County, and most of the assault cases.  Of all the prosecutors I deal with in my practice, the Washtenaw County Prosecutor’s Office is the toughest on domestic violence cases.  It is a hot topic in Washtenaw County, and the policies set by the prosecutor are quite tough.  

The Prosecutor’s Office regularly blocks dismissals from happening, which would be processed in other counties.  If ANY prior threats or violence can be detected between the defendant and the victim, and this is anything but the first argument between these two, the County will not agree to any possibility of a dismissal.  

In order to soften that stance, my clients undergo a proactive plan from day one, which usually opens the door a bit more with the prosecutor.  The problem with working with a prosecutor on these cases is they always just assume the client is guilty. When I was a prosecutor in New York and Michigan, I would look at a domestic violence case, and just assume that the defendant was guilty and the victim was truly a victim.   Even if the alleged victim tries to recant their story, I would blame this on the victim forgiving the defendant, and needing them back in the life, and without a criminal record.  

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In Washtenaw County, the prosecutor will not dismiss the case because the victim no longer wants to prosecute.  The prosecutor assumes the role as the protector of the victim, and is actually the one charging the defendant, not the victim; the victim is simply a witness, and not a party. Many times, my client and I are forced to set the case for trial, because that is the only way to get a case dismissed in Washtenaw County.  

Being Proactive:  As stated above, it is difficult to get a domestic violence case dismissed in Washtenaw County.  Assault cases without the domestic element while not as tough, are also very difficult to resolve.  Because the climate is so tough, my clients undergo an intensive proactive program.  

It’s common for alcohol to be involved in domestic violence cases; this goes for both the defendant and the victim.  So from day one, my client is not going to drink alcohol during their case, and if we’re asking for the client to return home, my client is already testing for alcohol, and the judge should not be concerned about alcohol consumption leading to more bad behavior.  

Alcohol can actually help a domestic violence case, because we can stress that without the alcohol this doesn’t happen, and if we take alcohol out of the equation then there should no longer be any issues. 

​If drugs were involved, we address this head on.  

Along with alcohol testing, I have my clients enroll in an intensive domestic violence program from day one; these programs can be 26 or 52 weeks and are viewed as quite challenging.  If you’re sentenced for domestic violence in Washtenaw County, you’re likely to have to complete one of these programs instead of going to jail.  If the prosecutor is not willing to agree to a dismissal, having my client already working on the domestic violence program can change that stance in a hurry.  There is no downside to enrolling in the program; it does not make you guilty or look guilty.  It makes you look like that you understand domestic violence is serious, and you’re not someone who engages in that type of violence.  By taking the classes, you’re giving yourself the education and tools to avoid future incidents.  

A prosecutor is going to be very impressed with your proactive efforts, and if they are going to dismiss your case, it’s not because they think you’re innocent, it’s because they believe you’ve learned your lesson, and will not engage in this type of behavior again.  There is no better way to convince a prosecutor of that than by starting the race.  

In simple terms, the prosecutor is not allowing you to sign up for the New York City Marathon, because they don’t think you’ll even show, and you won’t be able to handle the grueling race.  Well what if you surprised the prosecutor by not only showing up, and starting the race, but you’re already half-way done and making tremendous progress; wouldn’t that help your argument? That’s exactly what being proactive is all about in Washtenaw County.  
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15th District Court - Ann Arbor
301 E. Huron Street 
Ann Arbor, MI 48104
Phone Number: 734-794-6759

14A-1 District Court
4133 Washtenaw Ave.
Ann Arbor, MI 48108
(734) 973-4545

14A-2 District Court
415 W. Michigan Ave.
Ypsilanti, MI 48197
(734) 484-6690

14A-3 District Court
122 S. Main St.
Chelsea, MI 48118 
(734) 475-8606

14A-4 District Court 
1000 N. Maple Rd.
Saline, MI 48176
(734) 429-2504