What Is Considered Domestic Violence in Michigan?

In Michigan, the term "domestic violence" isn’t a specific criminal charge in itself but rather an umbrella term that describes certain violent or threatening behaviors when committed by one person against another within specific relationships. Charges related to domestic violence typically fall under "domestic assault" or "aggravated domestic assault."

Michigan law defines domestic violence as an assault or assault and battery committed by one person against another when the individuals share one of the following relationships:

• Spouses or former spouses
• Individuals who have a child in common
• Current or former residents of the same household
• Individuals who are dating or have dated

This legal definition encompasses both physical and non-physical acts, such as verbal threats, stalking, or emotional abuse, depending on the context of the act and the impact on the victim.

Domestic Assault and Aggravated Domestic Assault

The most common charges related to domestic violence in Michigan are:

Domestic Assault (First Offense)

This is typically charged as a misdemeanor and is similar to standard assault and battery but within a domestic relationship.

Penalties include:

• Up to 93 days in jail
• Fines of up to $500
• Possible probation, counseling, and protective orders

Aggravated Domestic Assault

This charge applies when there is serious physical injury, but no weapon is used. It’s usually a more serious misdemeanor or even a felony if there are prior convictions.

Penalties include:

• Up to 1 year in jail for a misdemeanor
• Up to 2 years in prison for a felony
• Significant fines and probation

It's crucial to understand that a person does not need to be physically injured for the charge to apply. Even just a credible threat or attempt to cause harm can result in an arrest and prosecution.

False Allegations of Domestic Violence

In contentious situations—divorces, child custody disputes, or breakups—false accusations do happen. Domestic violence charges are serious, and prosecutors routinely pursue cases even when the alleged victim doesn’t want to press charges or participate in prosecution.

A conviction on your record can define your future, limit your contact with your own children, impact your job, and even prevent you from owning a firearm.

Fortunately, our firm has experience challenging these accusations. We’ve achieved dismissals when evidence showed self-defense or inconsistencies in the complainant’s testimony.

The Court Process in Domestic Violence Cases

If you are charged with a domestic violence offense in Plymouth, your case will likely be heard at the 35th District Court located at 660 Plymouth Rd, Plymouth, MI 48170. Here’s how the court process typically unfolds:

1. Arrest and Arraignment

If the police have probable cause to believe that domestic violence occurred, you can be arrested on the spot—even if the complainant doesn’t want the arrest to be made. At the arraignment:

• You’ll be informed of the charges
• Bail will be set, often with conditions such as no-contact orders
• The judge may order you to attend a preliminary court date or DV counseling

2. Pretrial Conference

At this stage, your attorney can negotiate with the prosecution to try to reduce or dismiss charges, especially if you have no prior convictions or if the alleged incident lacks strong evidence.

3. Trial

If a plea deal can’t be reached, the case proceeds to trial. This could be a bench trial or a jury trial. The prosecution must prove every element of the charge beyond a reasonable doubt. Your lawyer may argue self-defense, lack of intent, or even complete fabrication.

4. Sentencing

If convicted, the judge may sentence you to jail, probation, or fines. In misdemeanor cases, jail time may be avoided, especially with participation in anger management or DV education classes.

What is a “No Contact” or Personal Protection Order (PPO)?

Following a domestic violence incident, a judge may issue a PPO or a “No Contact” order, prohibiting any communication between the alleged offender and the victim. Violating this order can lead to additional criminal charges and impact bail or parole conditions.

PPOs can be:

• Ex parte: Issued without advance notice to the other party
• Temporary or permanent: Depending on the court's findings after a hearing

While a PPO is meant to protect true victims, in some cases they are misused to gain custody or advantage in divorce proceedings. Fighting a PPO requires presenting persuasive legal arguments, and that’s where we come in.

First-Time Offenders: Domestic Violence Diversion Program

Michigan’s Criminal Domestic Violence Deferred Sentencing under MCL 769.4a offers a lifeline to first-time offenders. If charged with a domestic assault misdemeanor and you meet certain criteria, you may be eligible for this program.

Key benefits include:

• The case is placed on hold
• You complete counseling and meet other probationary terms
• After successful completion, no public conviction goes on your record

This program is generally only available with the consent of both the prosecutor and the alleged victim. It’s not guaranteed, and representation from an experienced attorney is critical to negotiate this option on your behalf. If you violate any of the terms, the judge can reinstate the original sentence.

What Are Your Rights If You’re Accused?

An accusation is not the same as a conviction. You have rights, and the criminal justice system must respect them. These include:

• The right to remain silent
• The right to an attorney
• The right to a trial
• The right to confront your accuser

Exercise your rights immediately upon arrest. Say nothing to the police until your attorney is present. Many domestic violence cases hinge on statements made during initial police interviews which can be misrepresented or taken out of context later on.

We Can Help You Fight Domestic Violence Charges

At Boria Law, we’ve helped countless clients in Plymouth and across Michigan navigate complex domestic violence charges. We understand how these charges can impact your job, your family, and your future. Whether you’ve been falsely accused or made a mistake, we offer judgment-free, aggressive defense designed to get you the best possible outcome.

If you’re facing domestic assault allegations, don’t go it alone. Call (734) 453-7806 today for a free consultation with Aaron J. Boria. Our office is conveniently located in Plymouth and we’re familiar with the local courts, the judges, and the prosecutors.

If you’re looking for a top-rated criminal defense attorney familiar with domestic violence cases in Michigan, we’re here to help.

Conclusion

Domestic Violence Awareness Month is an opportunity to reflect—not just on the devastating impact violence has on victims, but also on the importance of a fair legal process for those accused. In Michigan, domestic violence charges are taken seriously, and a conviction can have lasting consequences.

If you live in Plymouth or anywhere in southeastern Michigan and you or someone you know is dealing with a domestic violence situation—whether as a victim or as someone who’s been accused—don’t wait to find out your options. There may be defenses available to you or diversion programs to keep your record clean.

Call Boria Law at (734) 453-7806 to schedule a free consultation today. Let us help you understand your rights and protect your future.