Navigating Domestic Violence Charges During the Holidays: Understand Your Rights and Next Steps

What Constitutes Domestic Violence in Michigan

In Michigan, domestic violence is a specific kind of assault under Michigan Compiled Laws (MCL) 750.81(2). It involves an assault or assault and battery committed against someone with whom you have or had a domestic relationship. That could include:

• A spouse or former spouse
• A person you are or were dating
• A person with whom you have a child in common
• A person who currently lives or used to live in the same household

An assault is any intentional act that causes another person to fear an immediate battery. A battery is a willful and harmful or offensive touching of another person. The prosecutor must prove these elements beyond a reasonable doubt to convict someone of domestic violence.

Even a minor physical act—such as grabbing a wrist or shoving—can result in an arrest if police are called. Michigan takes all domestic calls seriously, especially during the holiday season when incidents tend to rise due to stress and alcohol consumption.

Domestic Violence Charges and Penalties in Michigan

The severity of the charge depends on your criminal history and the circumstances. Michigan law distinguishes between first, second, and third or subsequent offenses, as well as aggravated domestic violence.

First Offense Domestic Violence

A first-time domestic violence charge is a misdemeanor punishable by up to 93 days in jail, a fine up to $500, and possible probation, counseling, or anger management classes. However, a skilled defense attorney may be able to secure a dismissal or entry into a special deferral program under MCL 769.4a, allowing you to keep a clean record if you successfully complete probation conditions.

Second Offense Domestic Violence

A second offense domestic violence charge remains a misdemeanor, but the penalties increase to up to one year in jail, and a fine up to $1,000. Prior convictions—even from years ago—can be used to enhance the charge. Judges tend to take a harder stance on repeat offenses, making legal representation even more crucial.

Third or Subsequent Offense

With two or more prior domestic violence convictions, you can be charged with a felony under MCL 750.81(4), which carries up to five years in prison and a fine up to $5,000. A felony domestic violence conviction also results in the loss of firearm rights and can have permanent effects on employment and custody arrangements.

Aggravated Domestic Violence

If an assault causes a “serious or aggravated injury,” one that requires immediate medical attention or causes disfigurement or impairment, the crime becomes aggravated domestic violence under MCL 750.81a(2). A first conviction is punishable by up to a year in jail and a $1,000 fine. A second conviction is treated as a felony with up to two years in prison and a $2,500 fine.

What Happens After a Domestic Violence Arrest in Michigan

During the holidays, law enforcement agencies across Michigan are often busier, and officers often take a “better safe than sorry” approach to domestic calls. If there’s an indication that an assault occurred—such as visible injury, witness statements, or signs of a struggle—a person is likely to be arrested on the spot.

Booking and Arraignment

Once arrested, you’ll be booked at the local police department and held until arraignment. The arraignment is usually held within 24 hours (often at the local district court such as the 35th District Court in Plymouth for cases in that jurisdiction). The judge will formally read the charges, advise you of your rights, and set bond conditions.

In nearly every domestic violence case, a “no-contact” order is issued as a bond condition. This prevents any communication with the alleged victim—even through family members or social media. Violating this order can lead to immediate jail time.

Bail Conditions and Pretrial Release

Bail can include a personal recognizance bond (where you don’t have to pay money upfront) or a cash/surety bond if the court deems you a risk. Judges frequently impose additional conditions such as alcohol testing, curfew, surrendering firearms, and mandatory counseling.

Future Court Appearances

After arraignment, the case proceeds to pretrial conferences where your attorney can review evidence, negotiate plea deals, or prepare to go to trial. Having experienced representation early gives your lawyer time to analyze witness statements, police reports, and any available bodycam footage for inconsistencies or defenses.

Possible Defenses to Domestic Violence Charges

Domestic violence cases are emotional and often come down to one person’s word against another’s. Prosecutors must still prove every element beyond a reasonable doubt. Several defenses may apply, depending on the facts of your case.

No Intent or Accident

If the contact was accidental—such as bumping into someone during an argument or a struggle over an object—it doesn’t constitute a battery. There must be intent to harm or to make physical contact in an offensive way.

Self-Defense or Defense of Others

Michigan law allows you to use reasonable force to defend yourself or someone else from imminent harm. If the alleged victim was the aggressor or you reasonably believed you were in danger, self-defense can justify your actions.

False Allegations

Sometimes, especially during family disputes or divorce proceedings, accusations can be exaggerated or entirely fabricated. An experienced attorney can challenge credibility through cross-examination, prior inconsistent statements, or motive to lie.

Lack of Evidence or Witness Cooperation

Domestic violence prosecutions sometimes proceed even if the alleged victim doesn’t want to press charges. However, without testimony or physical evidence, the prosecutor’s case may weaken. Your attorney can identify these weaknesses and push for dismissal.

Why Domestic Violence Charges Increase During the Holidays

Holidays amplify emotions. Between financial strain, alcohol consumption, and family gatherings, tension can run high. Police departments statewide notice a spike in domestic complaints from late November through early January. Being charged around holiday events often means your case will carry into the new year—a stressful way to begin what should be a fresh start.

Even a single misunderstanding can escalate quickly when emotions are high and alcohol is involved. This doesn’t make you a bad person—but it does mean you need to take immediate steps to protect yourself legally.

Your Rights and Next Steps After a Domestic Violence Arrest

Being arrested doesn’t mean you’re guilty. You have constitutional and statutory rights under Michigan and federal law. Understanding and protecting those rights makes a difference in your outcome.

• Right to Remain Silent: Anything you say can be used against you. It’s best not to give statements to law enforcement without your attorney present.
• Right to an Attorney: You are entitled to have a lawyer represent you at every stage. Having an experienced criminal defense attorney early is critical.
• Right to a Trial: The prosecutor must prove the charges beyond a reasonable doubt. You are presumed innocent unless proven guilty.
• Right to Challenge Evidence: Your attorney can question how evidence was gathered, whether police reports are consistent, and whether witness statements are reliable.

If you’ve been charged, consulting a Michigan criminal defense lawyer as soon as possible helps ensure your rights are preserved and your defense is prepared strategically. A proper defense doesn’t just react—it anticipates the prosecution’s moves.

Understanding the Court Process in Michigan

Arraignment

This is when the charges are officially read in court. At this time, you’ll enter a plea—usually “not guilty.” This stage also sets the tone for your bond conditions.

Pretrial Conference

This is when the defense and prosecution discuss the case, exchange discovery (evidence), and may negotiate plea options. Many domestic violence cases are resolved here, often with alternatives that protect your record.

Evidentiary Hearings and Motions

Your attorney may file motions to exclude evidence or dismiss the case if your rights were violated. For example, if police entered your home without permission or a warrant, evidence obtained might be suppressed.

Trial

If no resolution is reached, the case goes to trial. You have the option of a bench trial (judge decides) or a jury trial. Your attorney will challenge each element of the case and present defenses such as self-defense, accident, or lack of intent.

Sentencing

If convicted, sentencing depends on the nature of the offense and your prior record. The court can order jail, probation, counseling, or community service. Judges often require completion of domestic violence intervention programs, and sometimes additional alcohol or anger management counseling.

Collateral Consequences of Domestic Violence Convictions

Beyond potential jail time or fines, a domestic violence conviction carries other long-term consequences:

• Employment: Many employers conduct background checks that reveal misdemeanor or felony convictions.
• Gun Rights: Under federal law, a domestic violence conviction can make it illegal to possess or purchase firearms.
• Child Custody: Family courts take domestic violence allegations seriously. They may affect custody or parenting time orders.
• Immigration: Non-citizens could face deportation or denial of future immigration benefits for domestic violence convictions.
• Reputation: These cases can affect your personal and professional relationships. Even a dismissed charge may leave a lasting impression.

Because of these lifelong impacts, it’s crucial to take immediate steps to mitigate damage to your record and your future.

Getting Help and Moving Forward

If you’ve been charged with domestic violence in Michigan, you do not have to face it alone. The earlier you involve an experienced defense attorney, the better your chances of protecting your rights and building a strong defense. A proactive approach can make the difference between a conviction and a dismissal or deferral.

At Boria Law, we’ve helped people all over Michigan who found themselves in difficult situations—especially during the holidays. Many of our clients come to us scared and unsure of what’s next, but with the right defense, there’s almost always a path forward.

For immediate help, contact criminal defense lawyer Aaron J. Boria at (734) 453-7806. We offer free consultations and honest advice about your legal options. You can also visit our office at 760 W. Ann Arbor Trail, Plymouth, MI, or explore our website for more information about domestic violence defense.

Conclusion

Facing domestic violence charges during the holidays is emotionally and legally challenging. Still, you have rights, and you have options. Michigan law requires the prosecutor to prove all elements of the offense beyond a reasonable doubt, and many cases are defensible with the right strategy.

From understanding your charges to knowing your rights, each step you take matters. If you’re under investigation, have recently been arrested, or are preparing for court, getting immediate legal guidance is the most important thing you can do to protect yourself and your future.

Call (734) 453-7806 today to speak directly with Aaron J. Boria, a Michigan domestic violence defense attorney who