Domestic Violence
Michigan's Domestic Violence Statutes
Michigan laws define "domestic violence" as an assault or an assault and battery by a
- Spouse
- Former spouse
- Person residing or having resided in the same household as the victim
- Person having a child in common with the victim
- Person with whom the victim is having or has had a dating relationship
Michigan has two levels of domestic violence.
Domestic Assault
(MCL750.81)
- Victim need not be injured
- Criminal penalties (plus possible probation, counseling, community service, etc.):
- 1st conviction (misdemeanor): up to 93 days in jail and/or $500 fine
- 2nd conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
- 3rd or more conviction (felony): up to 5 years in prison and/or $5,000 fine
Aggravated Domestic Assault
(MCL750.81a)
- Victim must receive serious or aggravated injuries (such as injuries requiring immediate medical attention)
- Criminal penalties (plus possible probation, counseling, community service, etc.):
- 1st conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
- 2nd conviction (felony): up to 5 years in prison and/or $5,000 fine
Bonds
Since 2002, a person arrested for Domestic Violence cannot be released from jail on an interim bond set by the jail. The person must be held until he or she can be arraigned, or has an interim bond set by a judge or district court magistrate. The judge or magistrate's interim bond can include conditions, such as having no contact with the victim. (See2001 PA198.)
Other Assault Crimes
Other, more serious assault crimes can occur in domestic relationships, such as:
They are not specifically charged as "domestic 'versions'" of those crimes, with different "domestic" penalties.
If You Are in an Abusive Relationship
You are not alone! You are not to blame! You can get help!
- Get medical attention if you have been physically injured.
- Save evidence to document the abuse (medical records, photographs of injuries and damage to your property, etc.).
- Make a safety plan, which may include figuring out the "warning signs" that come before abuse:
- Protect your children.
- Work out signals with neighbors to call the police.
- Ask a friend or relative to stay with you.
- Decide where you can go and what to take with you if you must leave (money, important documents, spare clothes, car keys, etc).
- Report domestic violence and stalking to the police! They can and will:
- Protect you from immediate danger, and help you and your children get out of the house safely.
- Arrest the abuser without a warrant when there is reasonable cause to believe that an assault has taken place or that the abuser has violated a Personal Protection Order (PPO) or a restraining order.
- Advise you of available shelter programs and other services in your area.
- Write out a police report which can be used to help prove the abuse occurred and show good cause for a judge to grant a personal protection order or a restraining order.
If you have a PPO, which the defendant is violating, download our Stalking Victim's Log (PDF).