Michigan Domestic Violence Programs – Mark Caldwell

Domestic Violence Lawyer Mark Caldwell

Understanding the Updates to Michigan Law 769.4a and Its Expanded Scope

Michigan’s law, MCL 769.4a, has long provided an alternative route for individuals charged with certain domestic violence offenses. Designed to prioritize rehabilitation over punishment for first-time domestic violence charge in Michigan, the statute offers an invaluable second chance to those who qualify. However, recent updates to this legislation have expanded its applicability, covering additional charges and making significant changes to the legal landscape for domestic violence cases in Michigan.

This blog will unpack MCL 769.4a, its purpose, eligibility criteria, the new updates, and their potential implications. Whether you’ve been charged, know someone who has, or simply wish to understand the law’s nuances, this guide offers a clear and thorough breakdown to help you stay informed for domestic violence programs.

What Is MCL 769.4a and Its Purpose?

At its core, MCL 769.4a is a deferral statute designed to give first-time offenders facing domestic violence charges an opportunity to keep their criminal records clean. Instead of handing down a conviction, the court defers proceedings and places the individual on probation. If the offender successfully completes all court-ordered conditions during the probationary period, the case is dismissed—leaving no public record of the conviction, as permitted under Michigan domestic violence law.

The law aims to serve as a rehabilitative measure rather than a punitive one. The premise is that some offenders, especially first-timers, are more likely to benefit from counseling, anger management, and other interventions. Under the guidance of a skilled domestic violence lawyer, eligible individuals may avoid jail time and a lasting criminal record that could impact future opportunities in employment, housing, and more.

Where Does this Apply? You can transfer courts!

The new domestic violence programs in Kent County, Michigan, have recent updates to the law impacting the charges that apply to Section 769.4a. The Judges and locations that handle these cases in the area we serve are Judge Faber and Judge Sterkenberg.

Judge Jennifer L. Faber – 61st District Court – 180 Ottawa Ave NW, Grand Rapids, MI 49503

Judge Amanda Sterkenberg – 62b District Court – 4740 Walma Ave SE, Kentwood, MI 49512

With the domestic violence program that they have in Kentwood and Grand Rapids, it is transferable. So if you’re charged in another court, we can request a transfer to their court.

Looking for Domestic Violence help?

If you have questions about the criminal defense process for domestic violence, you’re in the right place.

Each case is unique, so if you are looking for counsel involving your specific situation, we’d encourage you to contact us for a free domestic violence legal consultation where Mark Caldwell will be able to address and answer any concerns you may have.

If you’re looking for more information or searching for an experienced domestic violence attorney, we encourage you to read more about common FAQ’s when faced with Domestic Violence.

Key Updates to MCL 769.4a

Recent amendments to the law have expanded its reach, making it applicable to a broader range of charges:

1. Extended Coverage to Assaultive Crimes Beyond Domestic Violence: Now, in addition to traditional domestic violence charges, certain other assaultive offenses may qualify under MCL 769.4a if they meet the law’s relationship and context criteria. Some of these cases may include aggravated assault, interfering with electronic communication, stalking, assault & strangulation, areas where an experienced domestic violence lawyer can help determine eligibility and build a strong defense.
2. Aggravated Domestic Violence Inclusion: The updates clarify that individuals charged with more severe domestic violence offenses, such as aggravated domestic violence, or 2nd domestic violence charge, may also seek deferral under 769.4a as long as they meet the eligibility requirements.
3. Tighter Probation Oversight: The updated law reinforces the importance of compliance with probation conditions, imposing stricter consequences for any violations during the deferral period. Under Michigan domestic violence law, these conditions may include wearing a GPS monitoring device, maintaining complete sobriety with no drug or alcohol use, and adhering to a no-contact order. The deferral period can last up to 24 months but may be shortened with consistent good behavior. In some cases, the no-contact order may be lifted based on your progress in the program.

These updates aim to balance offering a path to rehabilitation for those charged with domestic violence and ensuring survivors’ safety and justice.

Eligibility Criteria for MCL 769.4a

The deferral program is not open to everyone. To be eligible:

1. Victim Consultation: The court must obtain the prosecutor’s consent, who in turn consults with the victim before approving the deferral.
2. Agreement to Probation Terms: The accused must agree to adhere to all the terms and conditions of the probation, which may include counseling, substance abuse testing, and domestic violence programs such as court-mandated anger management courses.
3. No Prior Assaultive Convictions: The person must not have been previously convicted of an assaultive crime. This includes offenses like domestic violence, aggravated assault, and similar charges.
4. Nature of the Relationship: The alleged crime must occur between individuals who meet specific relationship criteria, such as:
   • Spouses or former spouses
   • Individuals with a child in common
   • Individuals in a current or former dating relationship
   • Individuals who reside or have resided in the same household

Notably, MCL 769.4a can only be applied once. If a person has previously utilized this program, they will be ineligible in the future, even if they remain eligible for other forms of legal relief.

Benefits of the Law

For eligible offenders, MCL 769.4a provides several critical benefits:

1. Avoiding a Criminal Record: Successfully completing the program results in the dismissal of the charges without a public criminal record.
2. Access to Rehabilitation: Without intervention, repeated behavior may escalate, and by a domestic violence 3rd offense Michigan, penalties become far more severe and long-lasting.
3. Employment and Housing Opportunities: By avoiding a conviction, first-time offenders face fewer barriers when seeking jobs or housing, where criminal background checks are common.
4. Sealed Record: While law enforcement and courts retain an internal record of the deferral, it remains nonpublic, reducing its impact on the participant’s daily life.

Potential Pitfalls and Challenges

Although MCL 769.4a offers significant advantages, it’s not without its challenges and risks:

1. Probation Noncompliance:Failure to meet the probation terms—including attending mandated counseling or avoiding further legal trouble—can result in an adjudication of guilt and a criminal conviction under domestic violence 2nd offense in Michigan or related statutes, depending on your prior record.
2. Permanent Records for Repeat Offenses: While the deferral program clears the first offense, it still counts as a prior conviction if the individual faces similar charges in the future.
3. No Second Chances: Since the law can only be used once, participants must tread carefully to ensure they don’t squander this opportunity.
4. Victim’s Role in Approval: If the prosecutor or victim withholds consent, securing eligibility can become a significant legal hurdle.

Caldwell Advice for Individuals Affected by These Changes

Understanding your options under MCL 769.4a is critical if you’re facing charges. Here’s what you need to know:

• Work with a Lawyer: Facing domestic violence charges can be overwhelming. A skilled domestic violence lawyer can guide you through the deferral process, advocate during plea talks, and help you meet all court-imposed requirements.
• Seek Early Intervention: If you believe you may qualify for deferral, inform your lawyer early so they can build a case for your eligibility.
• Take Probation Seriously: Once entered into the program, adhere strictly to all probation conditions. Even minor violations can trigger severe consequences, including a conviction.
• Explore All Options: While MCL 769.4a may be a favorable resolution, it is not the only one. Consultation with a defense attorney can uncover other strategies, including plea agreements for lesser charges, trial options, or case dismissal.

Closing Thoughts

The recent updates to Michigan domestic violence law demonstrate a strong focus on rehabilitation and second chances. By expanding the law’s reach, Michigan has increased opportunities for individuals to avoid a permanent mark on their records while encouraging resolution and recovery.

If you or someone you know is facing domestic violence charges and has questions about eligibility for MCL 769.4a, consult with Mark Caldwell, a knowledgeable domestic violence attorney. Navigating the legal system can be daunting, but understanding the updates to MCL 769.4a and how they could apply to your case is the first step toward a brighter, fairer future.

Schedule a FREE consultation today, or call or text (616) 915-6576 to learn how Mark Caldwell can help you secure the best possible outcome for this updated domestic violence program.