Domestic Violence Charges in Michigan: Bond, PPOs, and MCL 769.4a Deferral

Domestic violence allegations are among the most fast-moving matters in Michigan criminal courts. From the moment 911 is called, decisions are made rapidly that impact where you can live, your access to your children, and your freedom.

What Constitutes Domestic Assault in Michigan?

Under MCL 750.81(2), domestic assault is an assault or assault and battery committed against:

• A spouse or former spouse.
• An individual with whom the defendant has had a dating relationship.
• An individual with whom the defendant has had a child in common.
• A resident or former resident of the same household.

A first offense is a misdemeanor punishable by up to 93 days in jail and a $500 fine. Subsequent offenses carry escalating penalties: up to 1 year for a second offense, and up to 5 years as a felony for a third or subsequent offense under MCL 750.81(5).

Immediate Consequences: Bond Conditions and No-Contact Orders

Upon arraignment, Michigan magistrates and judges routinely issue mandatory no-contact orders as a condition of bond. This order prohibits any direct or indirect contact with the complaining witness—including phone calls, text messages, third-party messages, and returning to a shared residence—even if the complaining witness requests contact. Violating a bond condition can result in immediate bond revocation and additional criminal contempt charges.

Can the Complainant Drop the Charges?

In Michigan, criminal charges are brought by the State of Michigan or local municipality, not the individual complaining witness. Once police submit a warrant request and the prosecutor authorizes charges, the complaining witness cannot unilaterally dismiss the case. While a recanting or uncooperative witness affects the prosecution’s evidence, the prosecutor may still attempt to proceed using 911 recordings, body camera footage, and excited utterances.

Deferred Judgment Under MCL 769.4a

For individuals with no prior domestic violence convictions, Michigan law offers a crucial statutory diversion program under MCL 769.4a:

• With the consent of the prosecutor and after consultation with the complainant, the defendant enters a plea without the court entering a judgment of conviction.
• The defendant is placed on probation with conditions (such as counseling or anger management).
• Upon successful completion of all probation terms, the court dismisses the case, leaving no public record of conviction.

For dedicated domestic violence defense in Ann Arbor and Washtenaw County, contact the Law Offices of Joseph A. Simon at (734) 887-6200.