What Exactly Is Considered Domestic Violence in Michigan?

Under Michigan law, domestic violence typically refers to an assault or assault and battery that occurs between individuals who have, or had, a domestic relationship. This can include:

• Spouses or former spouses
• Individuals who have a child together
• Individuals who are or were dating
• People who live together or have lived together

Unlike what you might see on TV, a domestic violence charge doesn’t require visible injuries. It’s enough that the other person claims fear or an unwanted physical contact (like a push or grab). Police in Michigan take these claims seriously—especially at crowded and potentially chaotic events like Halloween parties where alcohol may be involved and tempers can flare.

The Arrest Process at a Party: What Really Happens

When police respond to a domestic violence call—particularly at large social events like costume parties—they operate under a “shall arrest” policy. If officers establish probable cause to believe domestic violence occurred, they must make an arrest, even if the alleged victim doesn’t want to press charges.

In many cases, the accused is removed from the scene, taken into custody, and booked. This means fingerprints are taken, a mugshot is recorded, and a formal criminal record is started. You can expect to spend at least overnight in jail. Often, you won’t be released until the arraignment—which requires appearing before a judge, sometimes the next business day.

Charges You Might Face After a Halloween Domestic Assault

Michigan law treats domestic violence charges seriously, and the specifics depend on your criminal record and the severity of the incident. Potential charges include:

• Domestic Assault – First Offense (MCL 750.81): Up to 93 days in jail and/or a fine up to $500.
• Domestic Assault – Second Offense: Up to one year in jail and/or a fine up to $1,000.
• Felony Domestic Assault – Third Offense: Up to five years in prison and/or a $5,000 fine.
• Aggravated Domestic Assault (MCL 750.81a): Causes serious or aggravated injuries but no weapon was used. Punishable by up to one year in jail for first offenders. If you have priors, it could be a felony.

What might seem like a minor argument at a Halloween celebration could quickly snowball into a criminal charge with long-term consequences. Even if you're innocent or the facts are misunderstood, you’ll need to be proactive.

What About No-Contact Orders and PPOs?

In almost every domestic assault case in Michigan, the judge will order a no-contact provision as part of the bond conditions after arrest. That means you cannot have any direct or indirect communication with the alleged victim—even if you live together or share children.

Violating a no-contact order can result in immediate incarceration, even before your case goes to trial. If the alleged victim wants the no-contact order lifted, they still need permission from the court, which doesn’t happen automatically. A judge needs to be convinced it’s safe to remove that restriction.

Additionally, the alleged victim may pursue a Personal Protection Order (PPO), which is a separate civil order that can restrict your freedom of movement, bar you from specific locations, or even affect your right to possess firearms.

What to Expect in Court After a Domestic Violence Arrest

After a Halloween party arrest, your first stop is probably the local district court. In Plymouth, Livonia, Northville, and surrounding areas, that’s likely the 35th District Court—located right in Plymouth.

Arraignment

This is your first court appearance. The judge will tell you about the charges and your rights. Don’t expect to argue your innocence here—it’s not a trial. The judge sets bond and bond conditions. As we discussed, a no-contact condition is almost guaranteed. You’ll want to be represented by an experienced domestic violence lawyer at this stage.

Pretrial Conference

After the arraignment, a pretrial conference will be scheduled. This is where most cases are resolved. Your criminal defense attorney will negotiate with the prosecutor, potentially getting charges reduced or even dismissed based on weaknesses in the case, problems with witness credibility, or evidence that supports your side of the story.

Trial

If no deal is reached, the case proceeds to trial. You have the right to either a bench trial (where a judge decides) or a jury trial. During trial, the prosecutor must prove beyond a reasonable doubt that a domestic assault occurred and that you were responsible. The consequences of a guilty verdict can be serious—this isn’t a time to go it alone.

Defenses to Domestic Violence Charges

A domestic violence charge is not a guaranteed conviction. There are many defenses that may apply depending on the circumstances at that Halloween party:

• Self-defense: If you were protecting yourself or someone else from harm, this can be a valid defense.
• False accusation: It’s not uncommon for arguments at parties—especially those involving alcohol—to escalate into misunderstandings or revenge reporting.
• No intent: A necessary element of assault is intent. Accidental or unintended contact does not qualify as assault.
• Inconsistent statements: If the alleged victim’s statements don’t match the evidence, this inconsistency can create reasonable doubt.

Every case is unique, and your defense should be too. The right Michigan criminal defense attorney will dig into the facts, interview witnesses present at the party, and examine police reports to build the best possible strategy for your case.

The Long-Term Consequences of a Conviction

Even if jail time isn't handed down, a domestic violence conviction in Michigan has lasting effects:

• Criminal Record: A conviction—whether by plea bargain or trial—stays on your record permanently unless expunged.
• Loss of Gun Rights: Federal law bars those convicted of domestic violence from possessing firearms.
• Employment Impact: Many employers perform background checks, and a domestic violence charge may prevent hiring or cause termination.
• Immigration Consequences: If you’re not a U.S. citizen, a conviction can lead to deportation proceedings or prevent naturalization.

This is why it’s critical to approach the case seriously from the start.

Finding Help After a Halloween Arrest

If you’re facing charges for domestic violence after an event like a Halloween party, don’t wait. These cases move fast, and the earlier you have a defense attorney involved, the better your chance of a favorable outcome.

Attorney Aaron J. Boria has handled countless domestic violence cases across Michigan—including many out of the 35th District Court in Plymouth. We know what judges expect, how prosecutors build their cases, and most importantly, how to defend against them.

Don’t let one night haunt you for the rest of your life. Call us today at (734) 453-7806 for a free consultation. We’ll review your case, discuss your options, and start building your defense immediately.

For detailed information on criminal defense in Michigan, including domestic violence charges, visit our criminal defense page.

Conclusion

Halloween parties are meant to be fun and celebratory. But all it takes is one misunderstanding, one heated moment, or one overreaction for things to spiral into a serious criminal matter. If you or a loved one has been arrested for domestic violence in Michigan—especially after a holiday event—the important thing is to stay calm and take steps to protect your future.

Being proactive, asserting your rights, and hiring an experienced Michigan criminal defense lawyer brings you one step closer to putting this behind you. Attorney Aaron J. Boria has the experience, knowledge, and dedication to help.

Call (734) 453-7806 for your free consultation and let us help guide you through this difficult time.