When Family Gatherings Turn Hostile

Most of us think of holidays like Easter as peaceful times. But for some Michigan families, these events trigger underlying tensions. Maybe it's old resentments coming to the surface, maybe someone drinks too much, or maybe an argument simply gets out of control. When things boil over and someone calls the police, what started as a disagreement can quickly turn into a domestic violence arrest. And suddenly, you're looking at criminal charges with very serious consequences.

In Michigan, domestic violence isn't limited to romantic partners. It includes any assaultive behavior between individuals who have a domestic relationship. That could mean a spouse, ex, parent, child, or even someone you used to date. A scuffle between brothers during an Easter cookout? That could be domestic violence under the law.

What Counts as Domestic Violence in Michigan?

Under Michigan Compiled Laws 750.81, domestic violence can be charged when someone is accused of assaulting or battering another person with whom they have a domestic relationship. An assault means an attempt or threat to cause physical harm, while a battery means actual contact intended to harm.

• First Offense Domestic Violence: Up to 93 days in jail and/or a $500 fine.
• Second Offense: Up to 1 year in jail and/or a $1,000 fine.
• Third or Subsequent Offense: Felony charge, up to 5 years in prison and/or a $5,000 fine.

Keep in mind, a first-time domestic violence charge can still disrupt your life. You could be put on probation, ordered to attend a Batterer’s Intervention Program, be prohibited from returning to your own home, or even lose your right to possess firearms under federal law.

How Holiday Arrests Typically Play Out

Let’s say you’re at your aunt’s house in Canton for Easter dinner and you get into an argument with your cousin. Things escalate, voices are raised, someone grabs someone else’s shirt, and suddenly a phone call is made to 911.

When the police show up, someone is likely to be arrested—whether you think there was a crime or not. Officers in Michigan follow a “preferred arrest” policy in domestic violence calls, meaning they're encouraged to make an arrest if there’s probable cause to believe assault occurred. That often boils down to statements made by witnesses, physical evidence (like a scratch or bruise), or even conflicting stories.

Officers rarely want to leave things unresolved. Even if the alleged victim doesn’t want you arrested, even if you beg them not to press charges, cops typically move forward anyway. And from there, it becomes a criminal case controlled by the prosecutor—not the victim.

Understanding the No-Contact Order

Once arrested for domestic violence in Michigan, the judge will almost always issue a “no-contact order.” That means you cannot speak to, text, email, or otherwise contact the alleged victim. If the altercation happened at home—and the victim lives there—you may not be allowed to return to your own house. Yes, this can apply even if you pay the bills or own the property.

Violating the no-contact order is a separate crime and could land you back behind bars. If this happens around Easter, it may mean scrambling to find a place to stay or figure out legal arrangements while family drama pours gasoline on the fire.

Can the Charges Be Dropped?

This is one of the most common questions we get: “If the victim doesn’t want to press charges, can the case be dropped?”

Unfortunately, in Michigan, the alleged victim does not control the case. Once charges are filed, only the prosecutor can decide to dismiss or proceed. Even if the other party forgives you, even if they were drinking too much and regret calling the cops, the case can still go forward.

However, an experienced criminal defense lawyer can sometimes convince the prosecutor to dismiss or reduce charges—especially if there's insufficient evidence, conflicting stories, no visible injuries, or if the alleged victim wants to recant their statement.

Defenses Against Domestic Violence Charges

Let’s be clear: just because you were arrested doesn’t mean you’re guilty. People get charged all the time for crimes they didn’t commit—especially in emotionally charged settings like family holidays. In fact, false allegations are more common than you might think.

Common defenses to domestic violence charges include:

• Self-defense: You were defending yourself or someone else from attack.
• No intent: Any contact was accidental or not intended to harm.
• False accusations: The incident never happened, or the story was made up.
• No domestic relationship: The alleged “victim” doesn’t meet the legal standard for a domestic relationship under Michigan law.

At Boria Law, we dissect every aspect of a case—police reports, 911 calls, witness statements, and any video or photographic evidence—to build a strong defense. Often, there’s a way out you won’t see at first glance.

The Impact on Your Record and Life

Even if you avoid jail, a domestic violence conviction can have huge consequences. It can show up on background checks, affect job opportunities, limit your ability to carry firearms, and have lasting family court ramifications—especially in child custody disputes. Michigan doesn’t offer expungement for every type of offense either, and a domestic violence record can stay with you for life unless you take steps to fight it from day one.

That’s why it’s so important to fight these charges aggressively. Don’t just accept a plea deal to “get it over with.” In many cases, there are better options—maybe even a dismissal or reduced charge through a negotiated plea agreement or trial.

How the 35th District Court Handles Domestic Violence Cases

If you were arrested during Easter weekend in areas like Plymouth, Canton, or Northville, your case will likely be heard at the 35th District Court, located at 660 Plymouth Rd in Plymouth, MI. This court has a long history of handling domestic violence matters, often with very specific judges managing these cases.

Understanding how these judges approach domestic violence charges can give your attorney a big advantage in court. For instance, some judges are more likely to offer pretrial diversion in first-time cases, while others may lean heavily on order compliance and batterer’s programs. Local experience matters here—and we have it.

Hiring a lawyer who regularly appears in the 35th District Court is one of the best moves you can make if facing charges in the Plymouth area.

Pretrial Diversion and Other Alternatives

In many first-time domestic violence cases, particularly when there are no prior criminal convictions and the alleged harm was minimal, you may qualify for MCL 769.4a, Michigan’s domestic violence deferral program. This is especially true here in Wayne County and at the 35th District Court.

Under the 769.4a program:

• You plead guilty, but no conviction is entered.
• You are placed on probation with conditions like counseling, no new criminal offenses, and drug or alcohol testing, if applicable.
• If you successfully complete probation, the case is dismissed and remains non-public.

It’s not a perfect solution—there are still restrictions during probation—but it can keep your record clean and avoid jail time. Your attorney will know whether this is the right path or if fighting the charges in open court makes more sense.

When to Call an Attorney

If you were involved in a holiday argument that escalated into an arrest, or even if you think you might be under investigation, don’t wait. Early legal intervention can drastically change the outcome of your case. Our office reviews police reports, talks to witnesses, and negotiates with prosecutors before formal charges are filed in some cases.

Call criminal defense lawyer Aaron J. Boria today at (734) 453-7806 for a free and confidential consultation. Whether you’re facing a misdemeanor or felony charge, we have the experience you need to protect your freedom and reputation.