Domestic Disputes and Michigan Law

In Michigan, the law takes domestic violence accusations very seriously. Officers are trained to err on the side of caution when responding to calls involving domestic arguments—and in many cases, that means making an arrest even if both parties say they don't want anyone to go to jail. Under Michigan law, "domestic violence" applies not only to spouses and live-in partners, but also to dating relationships and even former romantic partners. It’s one of those areas where emotion, confusion, and legal consequences collide in a major way.

That means if you and your significant other get into a shouting match on Sweetest Day, and the neighbors call the police, there's a real chance someone will leave in handcuffs—even if no one intended to press charges.

When Arguments Become Assault Charges

One of the most common criminal charges that stems from these types of arguments is Domestic Assault. Here's the breakdown of what the prosecution has to prove in a domestic assault case:

• That the defendant intentionally hit or tried to hit the other person, or committed an act that would cause a reasonable person to feel threatened.
• That the complainant and the defendant had a domestic relationship — such as being current or former romantic partners, spouses, or people who lived together.

A conviction for domestic assault in Michigan—even as a first offense—can mean up to 93 days in jail, a $500 fine, and mandatory counseling. But it also comes with consequences that can impact your future for years: loss of gun rights, problems with employment, and child custody issues.

The Escalation from Misdemeanor to Felony

If there are injuries, if a weapon is involved, or if there's a history of prior offenses, the charge quickly escalates into a felony. For example:

• Aggravated Domestic Assault: This is a misdemeanor carrying up to 1 year in jail and $1,000 in fines, but with prior convictions it can become a felony.
• Felonious Assault (Assault with a Dangerous Weapon): If you even pick up a kitchen knife or a bat during an argument—even if you don’t use it—it can be considered a dangerous weapon. This charge is a felony with up to 4 years in prison.
• Assault by Strangulation: This is an automatic felony with a maximum of 10 years in prison. It doesn’t take much for the police or prosecutor to allege this charge if there's any indication of choking or grabbing someone’s neck.

The saddest part is that most of these arguments never started with the intent to harm anyone—just a couple arguing over dinner plans or emotions stirred up over past disagreements. But the moment physical actions or threats are alleged, the situation shifts from private conflict to criminal court.

No Contact Orders and How They Affect Couples

Once you're charged with domestic violence or any related offense, the judge will most likely enter a No Contact Order as a condition of your bond. That means you cannot have any contact with the alleged victim. Not a text, not a phone call, and certainly no in-person conversations. If you're living together, you'll be forced to move out. Going home—even with permission from your partner—can result in a bond violation and jail time.

The irony? In many cases, the alleged victim doesn’t even want such an order in place—but it’s not up to them. Once the charge is filed, the case becomes “The State of Michigan vs. You.” The prosecutor decides whether charges proceed, not the partner.

Violating a no contact order is its own separate crime, no matter what the underlying case is. That means you could find yourself facing multiple charges simply for trying to reconcile or apologize in person.

False Allegations and the Complexity of Relationship Dynamics

It’s also unfortunately common for people to make false or exaggerated claims in the heat of the moment. It’s not necessarily malicious—it’s emotional. Maybe one person wants to "send a message" or get the other in trouble over an unrelated matter. Maybe alcohol is involved and stories change.

Once the police are called, everything said in those first few moments is recorded, taken as testimony, and added to the prosecutor's file. Even if the story changes later or the alleged victim recants the statement, the case often moves forward anyway. The prosecutor may even force them to testify under subpoena or use their initial statements as evidence in court.

Defending Against Domestic Violence in Michigan

The good news? There are real defenses to these charges. Just because you've been arrested doesn’t mean you’ll be convicted. Here are a few common legal defenses we use in domestic violence cases:

• Self-Defense: If you were acting to protect yourself, your children, or your property, that may be a legal justification for your actions.
• No Intent to Harm: For a charge like domestic assault, there must be intent. Accidental contact doesn’t rise to the level of a criminal offense.
• False Allegations and Fabrications: Inconsistent statements, lack of physical evidence, or motives to lie (such as jealousy, custody battles, or revenge) can be used to discredit the state’s case.
• Witness Testimony: Neighbors, friends, or family members who witnessed the event may be able to show that what happened wasn't what the prosecution claims.

Each case is different, which is why it’s so important to work with an attorney who knows your rights and how to defend them in court.

Why You Need an Experienced Michigan Criminal Attorney

Sweetest Day should end with laughter, not legal fees. If you're facing criminal charges from a domestic incident—whether it happened on a holiday or a regular Tuesday—you need a defense attorney who understands both the emotional and legal complexities of these cases.

I’m criminal defense lawyer Aaron J. Boria, and I’ve successfully defended countless Michigan clients facing domestic violence, assault, and related charges. We’ve obtained not guilty verdicts, dismissals, and reductions in district and circuit courts across the state. Because while relationships are complicated, your future doesn’t have to be ruined by one bad night.

Domestic assault charges in Michigan require serious legal defense. Time is critical. If you or someone you care about has been arrested, don't wait for things to "blow over."

Call (734) 453-7806 today for a free consultation. We’ll talk about your options and start building a strategy to protect your rights, your record, and your reputation.

Conclusion: When Love and Law Collide

No one expects a romantic evening to end with flashing lights and court dates. But in Michigan, even seemingly minor disagreements can turn into serious criminal charges overnight. Understanding the laws around domestic violence, knowing when to exercise your rights, and having experienced representation can make all the difference in how your case turns out—and how quickly you can get your life back to normal.

Don’t let one bad night define your future. Whether it’s Sweetest Day or any other day, a heated moment shouldn’t lead to permanent consequences. If you're in trouble, call Boria Law at (734) 453-7806. We're here to listen, to fight, and to help you move forward.