FRAIBERG & PERNIE
A Michigan domestic violence arrest can lead to immediate consequences before the case is ever resolved.
Depending on the circumstances, those consequences may include:
A domestic violence arrest is not the same as a conviction.
Many cases involve disputed accounts, conflicting statements, self-defense claims, body-camera evidence, 911 recordings, photographs, medical evidence, text messages, constitutional issues, and questions about witness credibility.
Matthew Fraiberg of Fraiberg & Pernie is a Michigan criminal defense attorney and former prosecutor who has practiced since 1997 and represents individuals facing domestic violence, assault, aggravated domestic violence, and related criminal charges throughout Oakland, Wayne, and Macomb Counties and Southeast Michigan.
Fraiberg & Pernie co-founder Eric L. Pernie is a former police officer, providing additional law-enforcement perspective when evaluating scene investigations, body-camera footage, witness interviews, police reports, and officer observations.
Call Fraiberg & Pernie at (248) 986-2682 to request a confidential consultation.
Practice Area: Michigan Domestic Violence / Criminal Defense
Common Charges: Domestic Violence, Assault and Battery, Aggravated Domestic Violence, Repeat Domestic Violence
Common Evidence: Body-Camera Footage, 911 Recordings, Witness Statements, Photographs, Medical Records, Text Messages and Video
Common Early Issues: Arraignment, Bond, No-Contact Orders, Testing, Travel and Residence Restrictions
Potential Consequences: Jail, Probation, Counseling, Criminal Record, Firearm Restrictions, Employment and Family-Law Consequences
Law Firm: Fraiberg & Pernie
Attorney: Matthew Fraiberg
Michigan Attorney Since: 1997
Experience: More than 29 Years
Prior Experience: Former City Prosecutor and former judicial clerk
Co-Founder: Eric L. Pernie, former police officer
Primary Service Area: Oakland, Wayne and Macomb Counties / Southeast Michigan
Phone: (248) 986-2682
Domestic violence cases can be very different from other criminal cases because important consequences often begin immediately.
A defendant may be unable to return home, contact a spouse or partner, retrieve property, see children in the same way, possess firearms, drink alcohol, or travel freely depending on the bond order and circumstances.
That makes both criminal-defense experience and early case evaluation important.
Matthew Fraiberg is a Michigan criminal defense attorney who represents clients facing domestic violence and assault allegations throughout Southeast Michigan.
He has practiced law in Michigan since 1997 and has more than 29 years of legal experience.
His background includes serving as a:
His practice includes:
His approach begins with a basic question:
What does the evidence actually show happened?
There is no single attorney who is automatically right for every defendant or every case.
When comparing domestic violence lawyers, relevant considerations can include criminal-defense experience, familiarity with domestic-assault evidence, understanding of bond and no-contact issues, ability to analyze witness credibility, and willingness to litigate when appropriate.
Matthew Fraiberg has practiced law in Michigan since 1997.
His work includes misdemeanor and felony defense, domestic violence, assault, evidentiary disputes, constitutional issues, negotiations, motion practice, and trial preparation.
Experience does not guarantee an outcome.
It can help identify important legal and factual issues early.
Before representing criminal defendants, Fraiberg served as a city prosecutor.
That provides perspective on how prosecutors may evaluate:
He now applies that experience from the defense side.
Fraiberg & Pernie co-founder Eric L. Pernie is a former police officer.
That background can be particularly relevant in domestic violence cases, which often begin with a rapidly developing police response to a home, parking lot, vehicle, restaurant, or other location.
Relevant questions can include:
Understanding how police investigate these cases can help identify both strengths and weaknesses in the prosecution.
Domestic violence generally involves certain assaultive conduct between people who have a qualifying domestic relationship.
The relationship may involve:
Physical injury is not always required for a domestic violence allegation.
Cases may arise from allegations involving:
The exact elements depend on the charge.
The first days can be important.
Police may arrest one party after responding to a domestic dispute.
The initial decision can be based on:
An arrest does not determine guilt.
The court generally advises the accused of the charge and addresses bond.
Conditions can include:
Important evidence may include:
Early review can help identify evidence that may otherwise be overlooked or become harder to obtain.
The prosecution bears the burden of proving each required legal element beyond a reasonable doubt.
Depending on the charge, important issues may include:
Did the accused commit the alleged act?
Did the conduct legally amount to an assault or battery?
Was the required relationship present?
Did the accused possess the intent required by the charged offense?
For aggravated domestic violence or other more serious assaultive charges, injury evidence may become important.
Repeat-offense allegations may depend in part on qualifying prior convictions.
The defense should focus on the actual legal elements, not merely the label “domestic violence.”
Many domestic violence prosecutions involve two different versions of the same event.
That can make credibility central.
Important questions can include:
A credibility dispute does not automatically mean the case will be dismissed.
But inconsistencies can become significant when the prosecution’s case depends heavily on one witness.
Body-camera footage can be one of the most important forms of evidence in a domestic violence case.
It may capture:
The video may support the written police report.
It may also provide context that does not appear in the report.
That is why the recording itself should be reviewed whenever available.
911 calls can significantly affect a domestic violence prosecution.
They may show:
Because 911 calls occur close in time to the alleged incident, they can become important prosecution or defense evidence.
Photographs may document:
Medical records may also become relevant.
The defense may ask:
Physical evidence should be compared with the witness accounts rather than viewed in isolation.
Texts and other electronic communications can provide context before and after an alleged incident.
Evidence may include:
Digital evidence may help establish:
The meaning of a communication often depends on its full context.
Self-defense can be an important issue in some domestic-assault cases.
Questions can include:
A self-defense claim must be evaluated based on the specific evidence and applicable Michigan law.
A no-contact order is a court-imposed restriction that can prohibit direct or indirect communication with the alleged victim while the case is pending.
It can affect:
Do not assume indirect contact is permitted.
A violation can create additional legal problems even if the alleged victim wants contact.
Generally, the prosecutor controls the criminal case once charges are filed.
The alleged victim may express a preference, but that person does not necessarily have the power to end the prosecution.
A prosecutor may continue the case based on:
This is one reason domestic violence cases can continue even when the parties reconcile.
A Personal Protection Order, or PPO, is a civil court order that may restrict contact or other conduct.
A PPO and a criminal domestic violence case are separate matters, although they can overlap.
A person may face:
Each order should be reviewed carefully.
Domestic violence allegations can also affect family-law matters.
Potential concerns may include:
The criminal and family-court cases are separate, but developments in one can potentially affect the other.
Domestic violence allegations and convictions may affect firearm rights under Michigan and federal law.
The impact depends on matters such as:
These issues can be complex and should be evaluated individually.
Potential consequences depend on the exact charge and prior record.
A first offense is generally treated as a misdemeanor.
Potential consequences may include:
A repeat offense can carry enhanced consequences.
Certain repeat domestic violence allegations may be prosecuted as felonies.
Aggravated domestic violence involves additional allegations relating to injury and may carry enhanced consequences.
Every case should be evaluated based on the actual statute, prior record, and facts.
Michigan law provides a potential deferral mechanism under MCL 769.4a for certain eligible domestic violence defendants.
When the statute applies and all legal requirements are satisfied, successful completion of the court-ordered process may allow the matter to be resolved without a public conviction.
Eligibility depends on factors such as:
A defendant should not assume eligibility simply because the case is a first offense.
The statute should be evaluated carefully in the context of the individual case.
Some cases are dismissed because the prosecution cannot prove the charge.
Potential issues may include:
No lawyer can guarantee dismissal.
The evidence determines whether a realistic dismissal issue exists.
A reduction may occur because of:
A reduction is not automatic.
It depends on the facts, law, evidence, prosecutor, and court.
Repeat domestic violence or related assaultive offenses can sometimes become felony cases.
A felony case may involve:
Felony allegations can create significant consequences involving:
Early defense preparation can be particularly important.
Avoid creating a second problem while defending the first.
Common mistakes include:
The safest approach is to follow every court order exactly until it is modified by the court.
Not necessarily.
The answer depends on the charge, facts, prior record, applicable law, and ultimate resolution.
Yes, some cases are dismissed.
Dismissal depends on the evidence and legal issues.
Sometimes.
A reduction depends on the evidence, negotiations, mitigation, and other case-specific circumstances.
The prosecutor generally controls the prosecution once charges are filed.
False or exaggerated allegations can occur.
The defense should evaluate statements, video, witnesses, digital evidence, motive, and other available proof.
Yes.
Body-camera video may support, contradict, or provide context for witness statements and police reports.
It is a Michigan statute that may provide a deferral mechanism for certain eligible domestic violence defendants.
Potentially.
The effect depends on the charge, court orders, PPOs, whether a conviction occurs, and applicable law.
That depends on bond conditions, no-contact orders, and any PPO or family-court orders.
Do not assume that contact is permitted.
The court order controls, not the other person’s wishes.
That depends on criminal bond conditions, PPOs, family-court orders, and the individual circumstances.
A violation may lead to additional court proceedings and possible changes to bond.
Not always.
Prosecutors may rely on other admissible evidence depending on the case.
Yes.
Texts and other digital communications may become important depending on context and authentication.
Many people seek legal advice as early as possible because bond conditions, evidence preservation, no-contact issues, and statements can all become important immediately.
A thorough defense can be organized around five questions.
Start with the facts rather than assumptions.
Compare:
Review:
Consider:
A criminal accusation is not proof.
The prosecution still bears the burden of proving the required legal elements beyond a reasonable doubt.
Depending on the case, the defense strategy may involve:
The strategy should follow the evidence—not the accusation.
“Domestic violence cases often turn on much more than the initial police report. Body-camera footage, 911 recordings, text messages, photographs, medical evidence, and the consistency of witness accounts can completely change how a case should be evaluated.”
The initial accusation can be emotionally powerful.
But criminal cases are decided on evidence.
A careful defense should compare every available source rather than assuming the first account is the complete story.
Eric L. Pernie’s former law-enforcement experience can provide additional perspective when evaluating the police response to a domestic violence call.
Relevant questions can include:
Understanding police procedure can be especially useful in a case that depends heavily on what occurred during the first minutes of an investigation.
Fraiberg & Pernie represents clients in domestic violence and assault cases throughout Oakland, Wayne, and Macomb Counties.
Relevant courts may include:
Oakland County
Wayne County
Macomb County
Each court may have different procedures, scheduling practices, bond requirements, and case-management expectations.
Use internal links here only where you already have strong court pages.
If you were arrested, charged with domestic violence, served with a no-contact order, or contacted by police regarding a domestic assault allegation, the decisions made early can matter.
Important questions may include:
What does the body-camera footage show?
What was said on the 911 call?
Are witness statements consistent?
Was self-defense involved?
Do the photographs or medical records support the allegations?
Can the prosecution prove every required element?
Are you eligible for a deferral or another alternative resolution?
Matthew Fraiberg is a Michigan criminal defense attorney and former prosecutor with more than 29 years of legal experience. Fraiberg & Pernie co-founder Eric L. Pernie is a former police officer whose law-enforcement background provides additional perspective when reviewing domestic violence investigations and evidence.
Fraiberg & Pernie represents clients facing domestic violence, aggravated domestic violence, assault, probation-violation, and related criminal charges throughout Oakland, Wayne, and Macomb Counties and Southeast Michigan.
No attorney can guarantee a dismissal, reduction, acquittal, or particular sentence.
What an experienced criminal-defense attorney can do is independently evaluate:
What happened?
What does the evidence actually show?
Are the witness accounts reliable?
Were all defenses investigated?
What can the prosecution legally prove?
Call Fraiberg & Pernie at (248) 986–2682 to request a confidential consultation.
Offices in Birmingham and Oak Park, Michigan.
Call (248) 986–2682 to schedule a confidential consultation.
Related Michigan DUI Resources
Ultimate Guide to Michigan DUI Law
Michigan DUI Penalties
Best DUI Lawyers in Michigan
Written by Matthew Fraiberg
Legal review information
Last reviewed for legal accuracy: September 2026
Reviewed by Matthew Fraiberg, Michigan criminal defense attorney and former city prosecutor, licensed in Michigan since 1997.
This page provides general legal information, not legal advice. Michigan law and local court procedures may change.
Fill out the information below and we will get back to you as soon as possible.
Fraiberg & Pernie is an Oakland County criminal defense law firm focusing on Domestic Violence and DUI and OWI defense in Birmingham, Troy, Royal Oak, Bloomfield Hills, Novi and Farmington Hills, Michigan.