Facing Michigan Domestic Violence Charges? Fight Back
If you have been charged with domestic violence in Michigan, you still have options. Below is how Michigan law defines domestic violence, common defenses, what to expect in court, and practical steps to protect your rights and future.
Domestic violence allegations move quickly and can impact your freedom, family, work, and future. The information below explains how Michigan law approaches these cases and what you can do to protect your rights. For guidance tailored to your situation, contact us.
What Counts as Domestic Violence in Michigan?
In Michigan, prosecutors typically charge domestic incidents under the state’s assault statutes when the alleged victim is a spouse or former spouse, someone you have or had a dating relationship with, someone with whom you share a child, or a current or former household member. See MCL 750.81. Depending on the facts and prior record, a case can be a misdemeanor or, in some circumstances (including repeat offenses), a felony.
Common Charges You Might See
Prosecutors may rely on different statutes depending on the allegations and the evidence, including:
- Domestic assault or assault and battery when the alleged victim is a domestic partner or household relation (MCL 750.81).
- Aggravated assault when a serious or aggravated injury is alleged (MCL 750.81a).
- Felony assault-related offenses where a weapon or intent to cause great bodily harm is alleged, such as felonious assault (MCL 750.82) or assault with intent to do great bodily harm (MCL 750.84). In addition, a third or subsequent domestic assault can be charged as a felony under MCL 750.81.
- Related charges such as stalking (MCL 750.411h) or aggravated stalking (MCL 750.411i), and violations of a civil Personal Protection Order (enforced through the court’s contempt powers) (MCL 600.2950).
Protective Orders and No-Contact Conditions
Civil Personal Protection Orders (PPOs) can restrict contact and impose other limits in domestic relationship contexts (MCL 600.2950). In criminal cases, courts may also set no-contact conditions as part of bond, particularly in domestic violence matters (MCL 765.6b). Violations can lead to arrest and additional consequences. Even if the other party initiates contact, follow the court’s order unless and until it is modified by the court.
What to Do Right Now
- Do not contact the alleged victim if you are under a no-contact order.
- Preserve evidence: save texts, emails, call logs, social media, and photos.
- Write a timeline of events while details are fresh.
- Identify potential witnesses and locations with cameras.
- Avoid discussing the case on social media.
- Consult a defense attorney as early as possible.
Quick Tips to Protect Yourself
- Centralize records: Store copies of police reports, court notices, and evidence in one secure place.
- Mind bond terms: Verify travel, alcohol, and device-search restrictions with your lawyer.
- Plan safe exchanges: If children or property must be exchanged, arrange third-party or law-enforcement station pickups when permitted.
Possible Consequences
A conviction can affect liberty, employment, housing, professional licenses, immigration status, and firearm rights. Courts may order probation, counseling, fines, and other conditions. Penalties vary by charge level and prior record; a lawyer can assess your specific exposure and potential alternatives.
Defenses and Strategies
- Self-defense or defense of others: You may lawfully use reasonable force if you reasonably believed it was necessary to prevent imminent harm (fact-specific).
- False or exaggerated allegations: Motive, bias, or inconsistencies can undermine credibility.
- Insufficient evidence: The State must prove every element beyond a reasonable doubt; weak, unreliable, or unlawfully obtained evidence can be challenged.
- Challenging 911 calls, excited utterances, and hearsay: Evidentiary rules and Confrontation Clause considerations may limit what the jury hears.
- Unlawful search or seizure: Suppression motions can seek to exclude improperly obtained evidence.
- Negotiation options: Depending on the facts and eligibility, resolutions may include reductions, deferred outcomes, or treatment-focused alternatives.
Work with counsel to tailor a strategy to the facts, the charging decision, the court, and the prosecutor’s policies.
Understanding the Court Process
After an arrest or the filing of a complaint, you can expect an arraignment (where bond and conditions are set), pretrial conferences, and motion practice. Felony cases typically include a probable cause conference and a preliminary examination in district court before possible transfer to circuit court. See MCL 766.4 and the Michigan Courts Criminal Procedure Benchbook. Many cases resolve before trial, but you have the right to a trial and to confront witnesses.
Evidence the Prosecution May Use
Common evidence includes 911 recordings, body-worn camera footage, photographs of injuries or the scene, medical records, forensic downloads of phones, and testimony from officers and witnesses. The government may also rely on recorded statements under exceptions to hearsay rules. Your attorney can move to exclude unreliable or unlawfully obtained evidence and present counter-evidence, including expert testimony where appropriate.
Firearms and Domestic Violence
Certain convictions and orders can affect firearm possession under federal and state law. For example, federal law prohibits possession by individuals subject to qualifying protection orders or convicted of a misdemeanor crime of domestic violence (18 U.S.C. § 922(g)(8)-(9)MCL 750.224f). If firearms are part of your work or personal life, raise this with your attorney immediately.
FAQ
Can a victim drop domestic violence charges in Michigan?
The decision to pursue or dismiss charges rests with the prosecutor, not the complaining witness. Statements, 911 recordings, photos, and officer testimony may be used even if the witness is reluctant.
Will I go to jail at arraignment?
It depends on the charge, record, and facts. Judges often set bond with conditions like no contact and travel limits. Your lawyer can argue for personal recognizance or the least restrictive terms.
What if the alleged victim contacts me?
Do not respond if a no-contact order exists. Only the court can modify it. Save proof of the contact and tell your attorney.
Can a first offense be dismissed?
Eligibility for reductions, deferrals, or treatment-based outcomes depends on the facts, local policies, and your history. Early legal intervention improves your options.
How a Michigan Defense Lawyer Helps
An experienced Michigan criminal defense lawyer can analyze the charging documents, police reports, recordings, and digital evidence; file motions to suppress or exclude evidence; negotiate with prosecutors; prepare you for court; and try your case when appropriate. Early involvement often improves outcomes, including the possibility of charge reductions or alternatives tailored to your circumstances.
Take Action Today
Prompt, informed decisions can make a difference. If you or a loved one is facing Michigan domestic violence charges, contact us to discuss your rights, the strength of the evidence, potential defenses, and next steps.
Checklist: Before Your Next Court Date
- Calendar all hearings and deadlines.
- Gather and back up digital evidence.
- List witnesses with contact details.
- Review bond terms and confirm compliance.
- Meet your attorney to plan motions and negotiations.
Disclaimer
This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change, and outcomes depend on specific facts. Consult a licensed Michigan attorney about your situation.