Domestic Violence Defense

Domestic Violence

Michigan has no mandatory-arrest law, but MCL 764.15a lets an officer arrest without a warrant on probable cause even when no officer witnessed the assault, and many departments follow pro-arrest policies. A single accusation can bring a no-contact order, a criminal charge, and consequences for custody and firearm rights. We get involved early and examine every element of the case.

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Understanding the Charge

Michigan Domestic Violence: What Changes When It's a Household Member

Domestic violence in Michigan is not a separate crime — it is an assault or battery committed against a spouse, former spouse, dating partner, resident or former resident of the same household, or a person with whom the accused shares a child. That relationship element, set out in MCL 750.81(2), is what converts a simple assault under MCL 750.81(1) into a domestic assault. Both carry the same 93-day maximum on a first offense, but the domestic designation brings warrantless-arrest authority under MCL 764.15a, escalating penalties on later offenses under MCL 750.81(4) and (5), and federal firearm consequences that do not attach to an ordinary assault charge.

Accusations also arise in contentious divorce and custody proceedings. We investigate the context surrounding the allegation, document communications between the parties, and build a defense that addresses motive before the prosecution constructs its narrative around the complainant's account alone.

Charges We Defend

  • —Domestic assault / domestic battery
  • —Aggravated domestic assault
  • —Domestic assault with a dangerous weapon
  • —Stalking / cyberstalking
  • —Violation of a personal protection order (PPO)
  • —Domestic assault with strangulation
  • —Child abuse in a domestic context

Penalties and Consequences

  • 01Warrantless arrest on probable cause under MCL 764.15a, even with no visible injury
  • 02Immediate no-contact order separating you from family
  • 03Federal firearm prohibition under 18 U.S.C. 922(g)(9), which lifts on expungement, set-aside, or pardon
  • 04Escalating penalties on later offenses under MCL 750.81(4), (5) and MCL 750.81a(3)
  • 05Loss of custody or parenting time
  • 06Immigration consequences for non-citizens
Michigan Penalty Tiers

Penalties Under MCL 750.81 and MCL 750.81a

OffenseMaximum Penalty
First domestic assault — MCL 750.81(2) — MisdemeanorUp to 93 days and/or $500
Domestic assault, one prior — MCL 750.81(4) — MisdemeanorUp to 1 year and/or $1,000
Domestic assault, two or more priors — MCL 750.81(5) — FelonyUp to 5 years and/or $5,000
Aggravated domestic assault, first — MCL 750.81a(2) — MisdemeanorUp to 1 year and/or $1,000
Aggravated domestic assault, one prior — MCL 750.81a(3) — FelonyUp to 5 years and/or $5,000
Assault by strangulation or suffocation — MCL 750.84(1)(b) — FelonyUp to 10 years and/or $5,000

Every figure above is a statutory maximum. Michigan sets no mandatory minimum jail term for domestic assault at any tier, and probation or deferral under MCL 769.4a may be available. Note that aggravated domestic assault becomes a five-year felony under MCL 750.81a(3) with only one prior, while ordinary domestic assault requires two priors to reach felony range under MCL 750.81(5). This table is a general summary, not legal advice about your case.

MCL 769.4a

Deferred Judgment on a First Domestic Assault Charge

A deferred case is the closest thing Michigan law offers to a first-offense clean slate — available once in a lifetime, with prosecutor consent, and on terms the court sets.

MCL 769.4a is the provision that matters most to a client facing a first domestic assault charge. It allows the court, with the prosecuting attorney's consent, to defer proceedings and place the defendant on probation without entering a judgment of conviction. The statute requires a guilty plea or a finding of guilt first — deferral is not a dismissal at the outset — but while the case is on deferred status the defendant stands convicted of nothing.

The complaining witness is consulted before the court proceeds under the statute, though the decision belongs to the prosecutor and the court; the complainant has no veto. Court records of a deferred case are closed to public inspection, with a nonpublic record retained by the Michigan State Police for use by courts, prosecutors, and law enforcement. If the term of probation is completed successfully, the case is dismissed and no judgment of conviction ever enters.

The limits are real and worth understanding before the plea. MCL 769.4a is available once in a lifetime. The court must enter an adjudication of guilt if the defendant commits an assaultive crime while on probation or violates an order to participate in counseling or to have no contact with the complainant. And a deferred case still counts as a prior offense for charging purposes under MCL 750.81(4), MCL 750.81(5), and MCL 750.81a(3) — a later allegation will be charged as a second or third offense. Because the prosecutor's consent is required, what the file looks like before the plea is entered often determines whether deferral is on the table at all.

Defense Approach

How a Domestic Violence Defense Is Built

01

Testing the Allegation

Domestic violence accusations sometimes surface during custody disputes and divorce proceedings. We document the timeline, examine what else was happening in the case at the time, and present evidence when an allegation appeared only after a contested legal development.

02

Self-Defense

When both parties were involved in a physical altercation, the person who calls police first is frequently the one who is not arrested. We work to establish who the aggressor actually was and to build a self-defense record that reflects what happened.

03

Inconsistent Statements

Complainants in domestic cases often give different versions of events to police, medical providers, friends, and family. We collect every statement and recording available through discovery, compare them against one another, and present the inconsistencies at the earliest stage the court allows.

04

PPO Challenge and Modification

A personal protection order can remove you from your home and prevent contact with your children. We move promptly to challenge ex parte PPOs, request hearings to present your side, and seek modifications that address parenting time while the criminal case proceeds.

Common Questions

Domestic Violence Questions Answered

My partner called to drop the charges. Will the case be dismissed?
Not automatically. The prosecution has the authority to proceed even when the complaining witness refuses to testify or asks for dismissal. Prosecutors often subpoena reluctant complainants or proceed on physical evidence and the arresting officer's report alone. A complainant who does not support the case does weaken it, and we use that in seeking dismissal or a reduced charge. Your partner should not contact the prosecutor directly without guidance from an attorney.
Does Michigan require police to arrest someone in a domestic call?
No. Michigan has no mandatory-arrest law. MCL 764.15a is permissive — it says an officer may arrest without a warrant when there is probable cause to believe a domestic assault occurred, even though the officer did not witness it. That is an exception to the ordinary rule that a misdemeanor must be committed in the officer's presence. Many departments do follow pro-arrest policies, which is why an arrest is common even when injuries are not visible and even when the person who called does not want charges. Whether the arrest was supported by probable cause is one of the first things we examine.
What is deferral under MCL 769.4a, and who qualifies?
MCL 769.4a allows a court to defer proceedings in a first domestic assault case. The defendant pleads guilty or is found guilty, but with the prosecutor's consent the court places the case on deferred status without entering a judgment of conviction. The complaining witness is consulted about that decision but does not have a veto. While the case is deferred the record is closed to public inspection, with a nonpublic record kept by the Michigan State Police for use by courts and prosecutors. If probation is completed successfully the case is dismissed and no judgment of conviction ever enters. The statute is available once in a lifetime, and the court must enter an adjudication of guilt if the defendant commits an assaultive crime while on probation or violates a counseling or no-contact order. A deferred case still counts as a prior offense for charging purposes under MCL 750.81(4), MCL 750.81(5), and MCL 750.81a(3). Because deferral requires prosecutor consent, how the case is presented before the plea matters.
Can a domestic violence conviction be set aside in Michigan?
Sometimes, but the rules are stricter than for an ordinary misdemeanor. Domestic assault is a serious misdemeanor under MCL 780.811(1)(a), so the waiting period is five years rather than the ordinary three, measured from the last of sentencing, completion of probation, discharge from parole, or completion of imprisonment under MCL 780.621d(2). Assaultive crimes and serious misdemeanors are excluded from automatic set-aside under MCL 780.621g(10), so an application and a hearing are always required, and the court's decision is discretionary. Michigan also limits a person to no more than two assaultive convictions set aside in a lifetime under MCL 780.621(1)(b). Assault by strangulation under MCL 750.84 can be set aside by application and counts against that limit. Under MCL 780.621c(1)(e), a felony domestic violence conviction cannot be set aside if the applicant has a prior misdemeanor domestic violence conviction. Because eligibility turns on the charge finally entered, plea decisions made early in a case affect what can be cleared later.
Will a domestic violence conviction affect my custody case?
Yes. Michigan family courts treat a domestic violence conviction as significant evidence of conduct that may harm a child's environment. It can result in supervised parenting time, loss of joint legal custody, and in serious cases a temporary suspension of parenting time. Defending the criminal charge thoroughly — and, where the evidence supports it, seeking dismissal or acquittal — is the most direct way to protect your parental rights.
Will a conviction cost me my firearm rights permanently?
Not necessarily, and the common description of a federal lifetime ban is too broad. Under 18 U.S.C. 922(g)(9) a qualifying misdemeanor crime of domestic violence bars firearm possession, but the prohibition does not apply if the conviction is expunged, set aside, or pardoned under 18 U.S.C. 921(a)(33)(B)(ii). The 2022 Bipartisan Safer Communities Act extended the prohibition to dating partners and at the same time added a restoration provision at 18 U.S.C. 921(a)(33)(C): a person convicted once in a non-cohabiting dating relationship has firearm rights restored after five years without further qualifying offenses. For spouses, cohabitants, and co-parents the prohibition remains in place indefinitely unless the conviction is cleared. Because the outcome depends on the relationship alleged and the charge finally entered, this is worth addressing before a plea, not after.
I violated a no-contact order. What happens now?
A personal protection order violation is handled as criminal contempt of court rather than as a separate misdemeanor charge. Under MCL 600.2950(23), MCL 764.15b, and MCR 3.708(H)(5)(a) the penalty is up to 93 days in jail and a fine of up to $500. There is no felony tier for repeat violations. A felony arises only if the conduct independently amounts to aggravated stalking under MCL 750.411i(2)(a), which carries up to 5 years and a $10,000 fine and requires a course of conduct rather than a single violation. A violation of a no-contact condition in a pending criminal case is addressed by the judge handling that case and can affect bond. If you are accused of a violation, do not contact the protected party. To discuss your case with an attorney, call (734) 887-6200.
Consultation

Speak with an Ann Arbor domestic violence lawyer.

Domestic violence cases move from arrest to arraignment quickly, and decisions made early — about bond conditions, no-contact orders, and eligibility for deferral under MCL 769.4a — shape what remains available later.

Request a Confidential ConsultationCall (734) 887-6200