Domestic Violence Defense: Tactical Pre-Charge Advocacy

A domestic violence arrest in Ann Arbor or Ypsilanti triggers an immediate and aggressive judicial process. From the moment the police are called, the system is designed to remove the accused from the home and impose strict “no contact” orders, often before a single piece of evidence is evaluated by a prosecutor.

The Washtenaw “No-Drop” Policy

It is a common misconception that a “victim” can drop the charges. In Washtenaw County, once the police report is filed, the decision to prosecute lies solely with the County Prosecutor or City Attorney. Even if the complaining witness wants to recant, the case will often proceed.

Immediate Action Steps

If you have been arrested or are under investigation for Domestic Violence (MCL 750.81a), our protocol begins instantly:

1. Block Interrogation: Do not provide “your side of the story” to the police. These statements are rarely used to exonerate you and are almost always used to corroborate the prosecution’s theory.
2. Witness Preservation: Domestic incidents often involve third-party witnesses (neighbors, friends) whose accounts may differ from the initial police report. We secure these statements before they are influenced by others.
3. Digital Evidence Freeze: Texts, emails, and social media messages often provide critical context regarding the “excited utterances” made during the incident.

The 81.10 (MCL 769.4a) Option

For first-time offenders, we often negotiate for a specific deferral program under Michigan law that allows the charge to be dismissed and kept off your public record upon successful completion of probation. While not available in every case, it is a primary strategic target for mitigating long-term damage.

Early intervention is the only way to counter the momentum of a domestic violence accusation. Contact our office immediately to protect your home, your reputation, and your freedom.