Understanding Michigan’s Domestic Violence Laws

Domestic violence in Michigan is governed primarily by MCL 750.81 and related statutes. Michigan law defines domestic violence as an assault or assault and battery against a person with whom the defendant has or had a dating relationship, shares a residence, is a spouse or former spouse, or shares a child in common.

Even a minor physical act or verbal threat can lead to a domestic violence charge. That means if during a holiday argument someone claims you shoved, pushed, or threatened them—even without injury—you might still be arrested, booked, and formally charged.

What many people don’t realize is that police in Michigan are allowed to arrest without a warrant if they have probable cause to believe domestic violence occurred within 72 hours of the incident.

Why Holidays Increase the Risk of False Allegations

The end-of-year holidays are a high-stress time for many. Financial issues, co-parenting conflicts, or old resentments often come to the surface. Mix in alcohol, visiting relatives, or disagreements about custody or travel plans, and things can escalate quickly. In these emotionally-charged moments, an argument might turn into a criminal investigation overnight.

We see it every year: someone gets accused after a fight that happened during Thanksgiving dinner or a New Year’s Eve party. Sometimes it's a bitter ex trying to gain custody leverage, or a partner looking to "teach a lesson." Regardless of the motivation, false allegations can happen, and they carry real-life consequences.

What to Do if an Argument is Getting Out of Hand

Arguments happen in every relationship, but when things start to escalate, how you respond can make all the difference:

• Stay calm and in control. Avoid yelling. Use departure or de-escalation tactics if the conversation becomes heated.
• Leave the premises if needed. If you feel things are about to turn physical or accusations may be made, it’s okay to leave—especially if it’s your own safety or reputation at risk. In fact, leaving may be the safest and wisest choice.
• Do not engage physically. Even attempting to push past someone while exiting can be misinterpreted as an assault. Don’t make physical contact.
• Presence of witnesses or recordings can help. If others are present, their testimony can help back up your version of events. Video or audio (when legally allowed) can be crucial evidence.

The Immediate Consequences of a False Allegation

If police are called and you are arrested based on someone claiming you were violent—even with no physical evidence—you can be:

• Forced to leave your own home under an emergency no-contact order
• Booked and held in jail pending arraignment
• Facing a no-contact order with your spouse or children
• Placed under bond conditions like domestic violence treatment, GPS tethering, or alcohol testing

If children are involved, the court may immediately restrict your visitation rights, even before anything is proven in court. False allegations also permanently stain police records and may affect employment, custody, and housing eligibility.

Legal Strategies for Defending Against False Allegations in Michigan

Here's what Michigan law allows as defenses for domestic violence, and how we use them for our clients:

• No intent to harm: The law requires intent. An accidental bump or stepping past someone without aggressive intent doesn’t count as an assault.
• Self-defense: If you were trying to protect yourself from harm, even minor physical action can be legal under self-defense law.
• No credible evidence: We investigate to expose inconsistencies in the accuser’s timeline, behavior, or motive to fabricate the story. Just because someone says you did something doesn’t make it true.
• False motive: In custody disputes or relationship breakdowns, fabricated domestic violence claims are, unfortunately, all too common. We use documentation, text messages, and outside witness statements to show the true story.

If you're facing a possible charge, do not try to talk your way out of it with police. Exercise your right to remain silent. Then, call a criminal defense attorney as soon as possible.

Our office has handled dozens of these sensitive matters, and we know how to approach both the prosecutor and the court to get the right outcome.

How to Protect Yourself Before an Argument Turns Into a Criminal Case

Prevention is key when it comes to avoiding false domestic violence allegations. Here are steps to take:

• Keep personal records. Text messages and emails can show peaceful intentions or rebut lies told by the accuser. Screenshot and back up anything relevant before it’s erased.
• Document conflicts. If tensions rise during the holidays—especially around custody or separation—keep a detailed journal of what happened and when. This can support your timeline if anything is alleged later.
• Don’t rely solely on police to recognize the truth. Officers are trained to act quickly to prevent harm. That means they may arrest first and investigate later.
• Talk with a lawyer before something happens. If you anticipate conflict this season—with an ex, co-parent, or partner—schedule a preemptive consultation. We can discuss your options and prepare a response plan.

What Happens if You’re Charged: Michigan Court Process

If you're charged with domestic violence in Michigan, here’s the typical court process:

• Arraignment: The 35th District Court in Plymouth or your local court will officially read the charges. Bond is set and a no-contact order typically goes into effect that day.
• Pretrial Conference: Your lawyer discusses the case with the prosecutor and explores dismissal or plea options.
• Motion Hearings: If necessary, your lawyer may file motions to suppress evidence or challenge the legality of your arrest or statements.
• Trial: If your case proceeds to court, a judge or jury decides guilt. The prosecution has a high burden—proof beyond a reasonable doubt on each element of the charge.

Domestic violence is considered a misdemeanor punishable by up to 93 days in jail for a first offense. If you've had prior charges, you could be facing a felony DV charge with much stiffer penalties.

Long-Term Consequences of a Domestic Violence Conviction

Even if jail time is avoided, a domestic violence conviction in Michigan can haunt you for years. You might face:

• Losing gun rights under federal law (often permanent)
• Employment issues, especially with background checks
• Loss of child custody or visitation under family court decisions
• Permanent criminal record (convictions cannot be sealed for several years)

And all of this can come from one upset holiday argument—if things are handled poorly or without legal guidance.

Get Help Today—Don't Wait Until It's Too Late

If you think something feels off this holiday season—tension with a partner or co-parent—or you were just involved in an argument and fear you may be falsely accused, call attorney Aaron J. Boria immediately.

We’ve helped hundreds of clients in situations just like yours. We know the local courts, the law, and most importantly, how to defend the truth when emotions cloud reality.

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

Conclusion

False allegations of domestic violence are especially dangerous during emotionally charged periods like the holidays. One misunderstanding, coupled with stress or resentment, can lead to an arrest—and a long, difficult legal mess.

A simple argument should not result in criminal charges, jail time, or lost custody. But if it might, you need to be ready.

If you're worried, talk to someone now. Contact criminal defense lawyer Aaron J. Boria today at (734) 453-7806.

Use common sense, stay calm, and when in doubt—get legal help immediately.