Why Do Domestic Violence Arrests Spike in October?

Every year, October brings a confluence of factors that contribute to higher rates of domestic disputes, some of which lead to criminal charges:

• Alcohol-Fueled Gatherings: From beer-soaked college football weekends to Halloween costume parties, alcohol is a mainstay of many fall events. These environments often lead to reduced inhibitions and impaired judgment.
• Cold Weather and Indoor Confinement: As temperatures drop, couples and families find themselves cooped up indoors. Increased proximity can sometimes exacerbate tension that may have been brewing.
• Financial Pressure: The holiday season is right around the corner, and many families begin to feel economic stress. When combined with alcohol, these emotions can boil over quickly.
• Emotional Charge of Holidays: For some, Halloween is a fun escape; for others, it’s a reminder of broken relationships or trauma. Emotional flare-ups often occur during emotionally charged times.

When you mix these stress-inducing elements with alcohol consumption, the result can sometimes be explosive—and unfortunately result in police intervention.

How a Domestic Violence Arrest Typically Unfolds

In Michigan, domestic violence cases are taken extremely seriously. Police departments throughout the state follow strict protocol when called to a potential domestic dispute—especially during weekends when officers expect a higher volume of alcohol-related incidents. Here’s how things typically play out:

1. The Call is Made

Either a participant in the altercation or a neighbor calls 911. Even if the argument didn't result in physical violence, the mention of domestic violence in a 911 call triggers an automatic law enforcement response.

2. Automatic Arrest Policy

Michigan has what’s known as a “must-arrest” policy in domestic violence cases. This means that if the police arrive and believe that an assault occurred—even if minor—they are required to make an arrest. This decision is usually made within minutes and often based on circumstantial evidence such as red marks, emotional statements, or intoxicated behavior.

3. No Contact Order Immediately Issued

If someone is arrested for domestic violence, a judge will very likely issue a No Contact Order (NCO) as part of your bond conditions. This means that you can't call, text, or even send a third party to speak to the alleged victim—even if they want to have contact. Violating a No Contact Order will land you in even deeper trouble.

4. Charges are Filed Regardless of the Victim’s Wishes

In Michigan, once charges are filed, it’s the prosecuting attorney—not the alleged victim—who decides whether to proceed with a case. This surprises many people. Even if your spouse or partner wants to “drop the charges,” they often can’t.

Legal Consequences of a Domestic Violence Charge in Michigan

Facing a domestic violence charge in Michigan is no small matter. Depending on the circumstances, charges can range from a misdemeanor to a felony. Even a first offense can come with serious penalties, which may include:

• Up to 93 days in jail (for a first-time misdemeanor)
• Fines and court costs up to $500
• Mandatory completion of a domestic violence counseling program (commonly a 26 or 52-week anger management course)
• Community service
• Loss of gun rights
• Permanent criminal record

For second or subsequent offenses, or for cases involving serious injury (known legally as "aggravated domestic assault"), the penalties are significantly more severe — including potential felony charges and years of prison time.

Fighting a Domestic Violence Charge

Just because you've been arrested doesn’t mean you are guilty. A smart and experienced defense attorney can raise several defenses in a domestic violence case, including:

• Self-Defense: You had a legal right to protect yourself, a child, or another person from harm.
• False Allegations: Unfortunately, alcohol can distort reality. It's not uncommon for someone to misinterpret actions or make unfounded accusations under the influence.
• Accidental Contact: You must have intentionally tried to harm someone. If the contact was an accident, that doesn’t qualify as domestic violence under Michigan law.
• Lack of Evidence: Often, there are no witnesses and no physical injuries. Without solid evidence, prosecutors may not be able to prove their case beyond reasonable doubt.

At Boria Law, we’ve successfully defended numerous clients accused of domestic violence—especially those stemming from alcohol-fueled disputes during busy weekends. The key to a solid defense is acting fast and speaking with an attorney before speaking with police or the prosecution.

First Time Domestic Violence Offenders: Michigan’s 769.4a Program

If this is your first domestic violence charge, Michigan offers a special option for avoiding a permanent criminal record. Known as the “769.4a” deferral, this program can be a life-saver for someone who had a one-time lapse in judgment.

Under 769.4a, you may be placed on probation without a conviction entering on your record. If you successfully complete probation and counseling (typically 26–52 weeks of anger management), the case is dismissed without a public conviction. However, to be eligible, the victim must be notified and is allowed to voice any objections in court.

It’s important to note that while the charge disappears from most public records, law enforcement will still know about it, and it cannot be used again for another deferral if you're charged a second time in the future.

What We Do Differently at Boria Law

We know that people make mistakes, and we understand that domestic disputes are rarely black and white. At Boria Law, we take a strategic, aggressive approach to your defense. We're experienced in jury trials, motion practice, and negotiating with prosecutors for reduced charges or full dismissals.

We start by carefully analyzing the police reports, bodycam footage, and witness statements. If there are inconsistencies or gaps in the prosecution’s case, we’ll exploit them to your advantage. In some cases, we can even get the charges dismissed before trial.

We’ve helped countless clients in cities across Michigan—including Plymouth, Northville, Canton, Livonia, and surrounding areas—fight back against unjust or exaggerated charges. We’re ready to do the same for you.

Getting Help Now

If you have been charged with domestic violence—especially after a weekend party or alcohol-related incident—the time to act is now. At Boria Law, we know how emotionally overwhelming and frightening this process can be. From the moment of arrest, the system moves fast, and without the right guidance, you can quickly find yourself in over your head.

Call criminal defense attorney Aaron J. Boria today at (734) 453-7806 for a free consultation. We’ll sit down with you, look over the facts, and help you determine your best course of action. You don’t have to face this alone—we’re here to help you get your life back on track.

To learn more about what we do and how we defend our clients, visit our criminal defense page.

Conclusion

October weekends in Michigan should be about enjoying cider, football, and Halloween fun—not spending the night in jail. But for many, alcohol-fueled arguments during social events lead to regrettable decisions and criminal charges.

Domestic violence accusations are serious. They carry harsh penalties and long-term consequences, but they are also legally complex and defensible. Whether you’ve been falsely accused, acted in self-defense, or simply made a bad decision following one too many drinks, you still have rights. At Boria Law, we make sure those rights are protected at every turn.

Don’t wait until it’s too late. If you find yourself facing domestic violence charges in Michigan, make the call. We’ll fight for your freedom—and help you take back control of your future.

Because one bad night doesn’t have to define the rest of your life.