What to Expect If You're Arrested for Domestic Violence on Christmas Eve: Legal Insights and Advice

Understanding Domestic Violence Under Michigan Law

In Michigan, what most people refer to as "domestic violence" is usually prosecuted under the laws governing assault and battery — specifically, domestic assault and aggravated domestic assault. These are found under MCL 750.81 and MCL 750.81a respectively. A domestic relationship is defined broadly. It includes:

• A spouse or former spouse
• Someone you have a child with
• Someone you live or have lived with
• Someone you are or were dating or in an intimate relationship with

This means the alleged victim does not have to be a spouse — many cases involve boyfriends, girlfriends, roommates, or ex-partners. Even during the holidays when emotions run high, accusations of violence or threatening behavior can trigger a police response and an arrest.

Domestic Assault

Domestic assault occurs when someone is accused of intentionally causing or attempting to cause physical harm, or performing an act that causes the other person to fear harm. You do not need to cause injury to be charged — a threat or raised hand that puts someone in fear can be enough. For a first offense, domestic assault is a 93-day misdemeanor with possible fines and probation. A second offense can be charged as a one-year misdemeanor. A third offense or any assault with serious injury can become a felony carrying up to five years in prison.

Aggravated Domestic Assault

Aggravated domestic assault applies when the alleged victim suffers a serious or aggravated injury that requires medical attention but is not caused with a weapon. A first offense is a one-year misdemeanor, and a second or subsequent offense is a felony punishable by up to two years in prison. Penalties increase further if a weapon or strangulation is involved.

Getting Arrested on Christmas Eve

When an incident occurs on Christmas Eve, the arrest process follows the same legal path as any other day — but practically speaking, the holiday can add complications. Police departments are fully operational over the holidays, and officers are often especially alert to domestic disturbance calls because statistics show that family conflicts rise during major holidays.

If police are called to a home for a domestic dispute, Michigan law requires them to make an arrest if they have probable cause to believe a crime occurred and that an assault took place. This means that even if the alleged victim does not want to press charges, officers can arrest you based on statements, injuries, or other evidence. These “mandatory arrest” policies apply equally on Christmas Eve.

Processing and Booking

After your arrest, you’ll be transported to the local police station or county jail for booking. You’ll be photographed, fingerprinted, and your personal items will be inventoried. Because it’s a holiday, you might face delays before being formally arraigned — courts may not reopen until the next business day, typically after the Christmas weekend. This delay can mean spending multiple days in custody before seeing a judge, which is one reason why early contact with a defense lawyer is so critical.

The Arraignment Process and Bond Conditions

Once courts reopen, usually the next business day, you will be brought before a judge for an arraignment. In Michigan, arraignment is where you are formally informed of the charges against you, told your rights, and given an opportunity to enter a plea (most people plead not guilty at this stage). The judge will also set your bond conditions.

Typical Domestic Violence Bond Conditions

• No-contact orders: You may be prohibited from contacting the alleged victim, even if it’s your spouse or romantic partner. This includes phone calls, text messages, social media, or communication through third parties.
• Eviction from the home: If you live with the alleged victim, you may have to find alternate housing.
• Substance restrictions: You may be prohibited from using alcohol or drugs during the case and required to undergo testing.
• Firearm restrictions: Federal law prohibits firearm possession for those under domestic violence restraining orders.
• Travel restrictions: You may be required to remain in Michigan or in the county pending trial.

Violating bond conditions can result in your arrest and the judge revoking your release. Even seemingly harmless contact like texting “I’m sorry” can technically violate a no-contact order. Always consult your attorney before communicating with the other person.

The Michigan Court Process for Domestic Violence Charges

1. Pretrial Conferences

After the arraignment, your case will be set for a pretrial conference. This hearing allows your attorney and the prosecutor to discuss the allegations, review evidence, and determine whether a plea agreement or dismissal is possible. A strong defense often involves obtaining police body camera footage, 911 transcripts, and witness statements to uncover inconsistencies.

2. Evidence and Discovery

Evidence in domestic violence cases often includes statements made by both parties, photos of injuries, medical records, and witness reports. Your attorney will review whether the evidence was lawfully collected and whether police followed procedure. Many cases involve conflicting stories or exaggerated claims, especially when alcohol or holiday stress plays a role.

3. Trial

If your case goes to trial, you may choose a bench trial (before a judge) or a jury trial. The prosecutor must prove every element of the crime beyond a reasonable doubt. Your defense may focus on self-defense, lack of intent, mistaken identity, or simply that no assault occurred. If the judge or jury has reasonable doubt about any element, you must be found not guilty.

4. Sentencing

If convicted, sentencing occurs after a presentence investigation report (PSI) is completed. Penalties can include jail, probation, counseling, fines, and community service. Completing required counseling or anger management programs may help reduce penalties or allow for alternative sentencing options.

Possible Defenses to Domestic Violence Charges in Michigan

Every case is unique, but there are several common defenses that may apply. A knowledgeable defense attorney will review the evidence and circumstances to determine the strongest defense in your situation.

• Self-defense: You have the right to protect yourself if you reasonably believe you are about to be harmed.
• Defense of others: You may use reasonable force to protect another person from harm.
• False allegations: Holidays can bring emotional tension, and sometimes accusations are made in anger or to gain leverage in family disputes.
• Accidental injury: If harm occurred unintentionally, that is not an assault under Michigan law.
• Lack of evidence: The prosecution bears the burden of proof. If the evidence is unclear or inconsistent, that may lead to dismissal or acquittal.

The Impact of a Domestic Violence Arrest During the Holidays

Aside from the immediate legal issues, an arrest on Christmas Eve can deeply affect your family, employment, and emotional well-being. You may not be allowed to return home for days or weeks. If children were present during the alleged incident, Child Protective Services (CPS) may get involved, adding another layer of stress and complexity. Even a misdemeanor domestic violence conviction can remain on your record permanently and affect your ability to obtain housing or employment. That’s why hiring the right lawyer quickly is critical.

If this is your first offense, you may be eligible for Michigan’s Domestic Violence Deferral under MCL 769.4a. This program allows first-time offenders to complete counseling and probation, after which the charge can be dismissed. However, it is not automatic — you need your attorney to negotiate eligibility and acceptance into the program.

Why the Timing Matters on Christmas Eve

Because courts close for holidays, you might spend more time than usual waiting for arraignment. Police often err on the side of caution when responding to a domestic disturbance, meaning arrests may occur even for relatively minor accusations. Having an attorney who can begin advocating for you as soon as possible minimizes delay and can sometimes lead to early release or reduced bond conditions.

An attorney can contact the court as soon as it reopens, advocate for bond modifications, and take steps to preserve evidence before it’s lost. In some cases, attorneys can request a bond hearing on the next available court day to get you released faster so you can get back to your family and prepare your defense.

When to Contact a Michigan Criminal Defense Lawyer

The most important step after being arrested for domestic violence — whether it’s Christmas Eve or any other day — is to contact an experienced Michigan criminal defense lawyer immediately. Do not try to explain your side to the police without representation. Anything you say can be used against you later in court. A qualified attorney will guide you through the process, protect your rights, and work toward the best possible outcome.

Attorney Aaron J. Boria has successfully defended clients facing domestic violence charges throughout Michigan. He understands how these cases are handled in district and circuit courts across the state — and he knows that sometimes good people find themselves in bad situations. You can reach Boria Law at (734) 453-7806 for a free consultation today or visit Michigan criminal defense lawyer to learn more.

Practical Steps to Take After a Domestic Violence Arrest

• Do not contact the alleged victim: Violating a no-contact order can make things much worse.
• Follow all bond conditions: Attend check-ins, abstain from alcohol if required, and avoid new charges.
• Gather documentation: Save texts, emails, or messages that might support your defense.
• Write down what happened: Memory fades quickly. Record your version of events for your attorney.
• Comply with court-ordered programs: Completing counseling early can demonstrate genuine remorse and compliance, which judges appreciate.

Taking these actions will not only make your attorney’s job easier but can also show the court that you take the situation seriously and are proactive about resolving it.

Life After a Domestic Violence Case

If your case results in dismissal or a deferred resolution under MCL 769.4a, it is possible to move forward without a permanent criminal record. But if convicted, a misdemeanor domestic violence charge stays on your record indefinitely and cannot be expunged for at least five years after sentence completion. Engaging in counseling, therapy, or substance abuse treatment — if applicable — can help you rebuild your life and minimize the long-term effects. Your lawyer can also discuss expungement options if you meet the criteria when the waiting period ends.