Domestic Violence Under Michigan Law

Domestic violence in Michigan is governed primarily by Michigan Compiled Laws (MCL) 750.81 and related statutes. The laws do not only apply to spouses, but also to individuals who are dating, have lived together, share a child, or are in any kind of domestic relationship. A first offense of domestic assault is considered a misdemeanor, but more serious injuries, prior convictions, or the use of a weapon can quickly elevate charges to a felony.

It's important to understand that the police in Michigan are authorized—and often expected—to make an arrest if they believe probable cause exists for domestic assault. Even if the alleged victim wants to drop the charges later, it's not guaranteed that the prosecutor will comply. Once charges are filed, it becomes the state's case, not the complainant’s.

Patterns in Domestic Violence Cases During Autumn

While domestic violence occurs year-round, many Michigan defense attorneys see a spike in accusations from September through December. There are several possible explanations for this pattern:

1. Increased Stress—Financial and Emotional

With the holidays approaching, people often experience heightened stress. Financial anxiety about gift-giving, travel, and hosting can lead to tension within households. Add to that the pressure of family gatherings, unresolved conflicts, and disrupted routines, and it's easy to see how arguments can escalate more quickly during this time of year.

2. Colder Weather and Reduced Daylight

In Michigan, fall brings shorter days and significantly colder weather. People aren't outside as much, and more time is spent indoors. Being in close quarters with others for extended periods can strain even healthy relationships. For those already facing relational issues, this can act as a catalyst for conflict.

3. Seasonal Affective Disorder (SAD)

Mental health impacts shouldn't be overlooked. Seasonal affective disorder (SAD), which is more common as daylight decreases in the fall, can affect mood and increase irritability. For individuals already struggling with mental health concerns, SAD can unfortunately contribute to volatile situations, sometimes culminating in domestic issues.

4. Alcohol and Substance Use

Research and real-world observations both suggest alcohol use often increases during the fall. Whether it's bars playing college football, Halloween parties, or pre-Thanksgiving "Friendsgiving" events, alcohol tends to be more available. Increased drinking can lead to lowered inhibitions, impaired judgment, and an increased risk of physical altercations turning into criminal charges.

5. School and Work Stress

Fall is when kids go back to school and workloads can spike for parents and professionals. Juggling new schedules, managing homework, and balancing demanding jobs can create emotional burnout. For households already under strain, this change in routine can amplify tension and trigger arguments that, unfortunately, may lead to law enforcement involvement.

What Prosecutors Must Prove in a Michigan Domestic Violence Case

To secure a domestic violence conviction, the prosecutor must prove the following beyond a reasonable doubt:

• That you assaulted or battered the complainant.
• That the complainant was your spouse, former spouse, someone with whom you had a dating relationship, lived with, or had a child in common.

Assault means an attempted battery or offering to do bodily harm in a way that would cause a reasonable person to fear harm. Battery means a physical action intended to cause harm or committed in a rude or offensive nature.

The prosecutor does NOT need to prove the complainant was hurt. Simply touching a person in a way they consider offensive, with intent, is often enough to charge battery in these cases.

How You Can Be Charged Even If the Alleged Victim Doesn't Want To Press Charges

A common misconception in domestic violence cases is that charges will be dropped if the complainant says they don’t want to press charges. In Michigan, once the police are involved and a report is written, the case goes to the prosecutor's office. From there, it is entirely up to the government—through the prosecutor—whether to proceed.

The complainant may later recant or insist it was a misunderstanding, but by then, the state may have gathered enough evidence—including photographs, 911 calls, police officer testimony, and witness statements—to go forward with prosecution.

This is why it is so important to get a skilled criminal lawyer involved early in the case, preferably before the prosecutor makes a decision on whether or how to pursue charges.

Penalties for Domestic Violence in Michigan

In Michigan, the penalties for domestic violence vary depending on whether it's a first, second, or third offense:

• First Offense: Misdemeanor, punishable by up to 93 days in jail and/or a $500 fine.
• Second Offense: Misdemeanor, up to 1 year in jail and/or a $1,000 fine.
• Third Offense or Greater: Felony, punishable by up to 5 years in prison and/or a $5,000 fine.

Additionally, there may be court-ordered probation, anger management, or a requirement to attend a batterers’ intervention program. You could also face a no-contact order, preventing you from seeing or communicating with the complainant—even if you live together or share children.

Keep in mind, even a misdemeanor domestic violence conviction is not expungable under many circumstances and can have long-lasting effects on employment, custody disputes, and the right to own a firearm.

Common Defenses to Domestic Violence Charges

Just because you've been charged doesn’t mean you’re guilty. There are several strategies a knowledgeable Michigan criminal defense lawyer can use to fight these allegations. Some common defenses include:

• Self-Defense: If you were defending yourself or another person from harm.
• False Allegations: Sadly, in situations like divorce or child custody battles, domestic violence accusations can be fabricated to gain leverage.
• Lack of Intent: The contact may have been accidental or misconstrued.
• Insufficient Proof: The burden lies with the prosecutor to prove their case beyond a reasonable doubt. Inconsistencies in the complainant’s story may create that doubt.

The Court Process in a Michigan Domestic Violence Case

Most domestic violence cases will begin with an arrest, followed by an arraignment in district court (like the 35th District Court in Plymouth). Here’s what to expect:

1. Arraignment

You will be formally charged and enter a plea. Conditions of bond will likely include no contact with the alleged victim. This is also when the judge can set bond amounts and other restrictions like travel bans and alcohol testing.

2. Pretrial Hearing

This is an opportunity for your attorney to start negotiating with the prosecutor and raise defenses. Motions may be filed to dismiss the case or suppress certain evidence.

3. Trial

If a resolution can’t be reached, your case may go to trial. It’s crucial to have a skilled defense attorney who knows how to cross-examine witnesses and expose weak or unreliable evidence.

Protecting Your Rights

If you’re facing a domestic violence charge in Michigan, you need to act quickly. These cases move fast, and early intervention from a defense lawyer can dramatically impact your outcome. From challenging a no-contact order to negotiating with the prosecutor or filing a motion to dismiss, there are steps that can be taken right away to protect your record and your freedom.

Call criminal defense attorney Aaron J. Boria today at (734) 453-7806 for immediate help. You deserve a strong, experienced advocate who knows Michigan law and how local courts handle these types of cases.

You can also visit our criminal defense attorney page for more information about your rights and defense strategies.

Conclusion

Though often misunderstood or minimized, a domestic violence charge is a serious matter under Michigan law and can affect your life long after the court case is over. The increase in domestic violence allegations during the fall months is real—and so are the consequences of a conviction. Thankfully, with the right legal help, a charge does not have to mean a conviction.

If you or someone you care about has been charged, don’t delay. The sooner you take action, the better your chances are of achieving a favorable outcome. Contact Aaron J. Boria, expert criminal defense attorney, at (734) 453-7806 and let’s start building your defense right now.