How Michigan Law Treats Domestic Disputes

A common misconception is that domestic disputes stay in the home. In Michigan, that’s not the case. As soon as law enforcement is involved, the state has the power to pursue criminal charges, even if the other party doesn’t want to press charges.

Domestic violence charges in Michigan fall under Michigan Compiled Laws (MCL) 750.81 and 750.81a. If the person involved is a spouse, former spouse, dating partner, parent of a shared child, or someone living in the same household, the incident may be charged as domestic assault. Importantly, physical injury is not required for a person to be charged. A loud argument, threatening gestures, or even breaking shared property can escalate into a criminal matter.

Types of Charges You Could Face

• Domestic Assault (MCL 750.81): Any intentional attempt to cause physical harm or any act that causes someone to fear immediate harm can qualify. First offenses are misdemeanors, but subsequent charges can become felonies.
• Aggravated Domestic Assault (MCL 750.81a): If there’s a serious or aggravated injury, you're looking at more serious consequences, including up to a year in jail — even for a first offense.
• Disorderly Conduct (MCL 750.167): Even if no one is hurt, a loud or boisterous argument can lead to misdemeanor charges if it disturbs the peace in the neighborhood.

If the police are called to a disturbance and believe an assault took place, someone is likely going to jail — even if the incident seems minor to the people involved. Officers in Michigan are trained to make arrests in domestic calls to prevent escalation or repeat violence. Unfortunately, this policy can also lead to wrongful arrests based on misunderstandings or inaccurate assumptions.

Why a Domestic Disturbance Is More Than Just a “Family Matter”

Once police are involved and someone is arrested, the case moves into the hands of the prosecutor — not the alleged victim. That means the person who called the police can't just “drop the charges.” The prosecution may continue even if the other party recants or regrets calling law enforcement in the first place. A single charge can affect your reputation, your job, your right to own firearms, and even custody in child-related matters.

Collateral Consequences of a Conviction

• Employment: Many employers conduct background checks, and a domestic assault conviction can lead to job loss or difficulty getting hired.
• Custody Issues: Family courts often refuse to grant custody or parenting time to individuals with domestic violence convictions, especially if the charge involved the other parent or children.
• Gun Ownership: Even a misdemeanor domestic violence conviction can lead to a permanent ban on owning firearms under federal law.
• Immigration Status: For non-citizens, domestic violence charges can potentially mean deportation or denial of citizenship applications.

This isn't just a ticket or a minor bump in the road — these charges can stick around long after the case is over.

Immediate Steps to Take If You’re Arrested

If you’re facing domestic assault allegations, what you do in the first 24 to 48 hours matters. Here’s what we recommend:

1. Don't Talk to the Police Without a Lawyer

We’ve seen it time and time again: people try to “clear things up” or tell their side hoping the police will let them go. It almost never works. Anything you say can and will be used against you — even if you think it’s innocent. Politely invoke your right to remain silent and ask for your attorney. Once you mention a lawyer, officers are supposed to stop questioning you under Miranda rights.

2. Contact a Michigan Criminal Lawyer

Your next move should be contacting someone who knows how to navigate domestic charges in Michigan. At Boria Law, we’ve had domestic assault charges dismissed before they even made it into the courtroom. We analyze police reports, 911 calls, and witness statements to build your defense.

Call us at (734) 453-7806 or visit our criminal defense homepage to schedule a consultation.

3. Follow the Bond Conditions

Once you’re released, the judge will often order you to have “no contact” with the alleged victim. This can be frustrating — especially if you share kids or live together — but violating bond conditions can land you back in jail and hurt your case. If contact is necessary, your attorney can request modifications during court proceedings.

4. Collect Evidence and Witnesses

If others were present when the argument happened or there’s security camera footage (especially from apartment complexes or ring cameras), get that information to your lawyer. Memories fade quickly. Write down what you remember from the incident while it’s fresh.

What to Expect in Court

In most cases, domestic disputes are handled in district court — like the 35th District Court in Plymouth, Michigan — though felonies may be bound over to circuit court. The process unfolds in several steps:

Arraignment

This is your first court appearance where the judge reads the charges against you. Bail is either set or continued, and you’re informed of the maximum penalties you face. Speaking to an attorney before this hearing can often help you avoid unnecessary bond restrictions.

Pretrial Conferences

Your attorney will receive and review all the evidence the prosecution has — this includes police body cam footage, 911 calls, and witness statements. Your lawyer may file motions to exclude unfair evidence or ask to dismiss the case based on issues with how the arrest was handled.

Trial

If the case proceeds to trial, the prosecutor must prove your guilt beyond a reasonable doubt. Juries are instructed not to assume you’re guilty just because there was an argument. There are always two sides to a story, and your defense may involve self-defense, lack of intent, or proving the incident never happened.

Diversion Possibilities

In some courts — particularly for first-time offenders with no criminal history — there may be options like a deferred sentence, counseling, or anger management that result in the charge being dropped after you complete certain conditions. Ask your attorney whether your case qualifies for such outcomes.

Common Defenses Against Loud Argument or Domestic Charges

No domestic or assault case is cut-and-dried. Just because the police arrested you doesn’t mean you’re guilty. At Boria Law, we consider all potential defenses based on the specifics of your case:

• Self-defense: If the other party escalated the situation or threatened you, and you reacted to protect yourself, you may have a legal defense.
• No Intent to Harm: Assault charges typically require intent. If law enforcement misinterpreted the situation as more dangerous than it was, this can be challenged.
• False Allegations: Especially common during breakups, divorces, or custody battles. We dig deep into possible motivations for false claims.
• Mutual Participation: When both parties contribute to the escalation, the court may decide not to pursue charges against only one side.

When to Get Help

If you were arrested following a loud argument — even if no one was hurt — don’t try to handle the case yourself. The law around domestic violence and disorderly conduct in Michigan is complex, and the stakes are too high to take chances without experienced legal help on your side.

At Boria Law, we’ve helped people charged with domestic assault, aggravated assault, and disorderly conduct in Plymouth and throughout Southeast Michigan. Every case is different, and when the facts are on your side, we’ll fight aggressively to get the charges dismissed or significantly reduced.

Call us at (734) 453-7806 today for a free consultation.

Conclusion: Know Your Rights and Take Action Early

A heated argument can end with handcuffs, and a criminal conviction can change your life. Michigan law does not treat domestic disputes lightly, and the moment the police get involved, things become serious very quickly. Understanding how the law works, the court process, and your defense options will prepare you to mount a strong defense.

Whether it was a misunderstanding, an emotional evening, or a false accusation, you don’t have to go through this alone. Criminal defense attorney Aaron J. Boria has handled hundreds of cases like yours and can help you understand your options from day one.

Call today at (734) 453-7806 and let’s talk about how to protect your record, your family, and your future.