Domestic violence charges in Michigan: what actually happens next.
Domestic violence in Michigan is usually charged as domestic assault under MCL 750.81(2), a misdemeanor carrying up to 93 days in jail and a $500 fine for a first offense. Penalties climb with each prior conviction, and a third offense is a felony with up to 5 years in prison. Once an arrest happens, only the prosecutor can drop the charge, not the person who called the police.
What counts as domestic assault under Michigan law?
Two things have to be true. First, there has to be an assault or an assault and battery. That bar is lower than most people think: it doesn't require an injury, and it can be a push, a grab, or even an attempt or threat that puts someone in reasonable fear of being touched. Second, the person involved has to fall within a domestic relationship as the statute defines it:
- A spouse or former spouse
- Someone you have or had a dating relationship with
- Someone you have a child in common with
- A current or former resident of your household
That last category is broad. Roommates, siblings, adult children living at home, all of them can turn an ordinary argument into a domestic violence case. The "domestic" label matters because it changes how police respond, what bond conditions look like, and what penalties apply.
What are the penalties for a first, second, or third offense?
Domestic assault penalties under MCL 750.81 escalate with prior convictions:
| Offense | Charge level | Maximum penalty |
|---|---|---|
| First offense | Misdemeanor | 93 days in jail, fine up to $500 |
| Second offense (one prior) | Misdemeanor | 1 year in jail, fine up to $1,000 |
| Third offense (two or more priors) | Felony | 5 years in prison, fine up to $5,000 |
There's also a more serious version called aggravated domestic assault under MCL 750.81a. It applies when the assault causes a serious or aggravated injury, meaning one that needs immediate medical treatment or causes disfigurement or impairment. A first aggravated offense carries up to 1 year in jail and a $1,000 fine, and an aggravated assault committed by someone with any prior domestic assault conviction is a felony carrying up to 5 years.
Beyond jail and fines, a domestic violence conviction carries consequences people don't see coming: federal law restricts firearm possession after qualifying convictions, immigration status can be affected, and the conviction shows up on every background check.
Can the person who called the police just drop the charges?
No, and this is the single biggest misunderstanding we see in these cases. Once police are called and an arrest is made, the case belongs to the State of Michigan. The complaining witness isn't the one pressing charges, the prosecutor is. A spouse or partner who regrets the call, who wants the family back together, or who says it was all a misunderstanding can tell the prosecutor exactly that, and it's relevant. But the decision to dismiss belongs to the prosecutor alone, and many offices have policies of moving forward even when the complaining witness won't cooperate.
That's why "we worked it out" isn't a defense strategy. The case still has to be handled inside the court system, with a lawyer who knows how the local prosecutor's office actually evaluates these files.
What about no contact orders and going home?
In nearly every domestic violence case, the judge sets a no contact order as a condition of bond at the arraignment. That order typically bars you from contacting the complaining witness directly or indirectly, and often from returning to the shared home, even if your name is on the lease or the deed and your clothes are still in the closet.
Take the order seriously. Violating it is a separate problem that can land you in jail and wreck your negotiating position, and "they texted me first" is not a defense. If the complaining witness wants contact restored, the right path is a motion to amend the bond conditions, which we can file and argue. Judges do modify these orders, especially where children and shared households are involved, but it has to happen through the court.
Is there a way to keep a first offense off your record?
Often, yes. Michigan has a deferral statute built specifically for first offense domestic violence cases, MCL 769.4a. Here's how it works:
- You plead guilty, but the court does not enter a judgment of conviction. The plea is held while you complete probation, which usually includes counseling or a batterer intervention program.
- The deferral requires your consent and the prosecutor's consent. The prosecutor must consult with the complaining witness, but the statute doesn't give that person a veto.
- If you complete probation successfully, the court discharges you and dismisses the case. No conviction enters, and the record of the proceedings is nonpublic, retained by the state police.
Two caveats. The deferral is generally reserved for people with no prior assaultive convictions, and you only get it once in your lifetime. Even after a successful deferral, the nonpublic record can still be counted if you ever pick up another domestic violence charge. So the deferral is a real second chance, but it's a one time tool, and whether to use it now or fight the case instead is a strategic decision worth making carefully with counsel.
How do these charges intersect with divorce and custody?
Domestic violence cases rarely happen in a vacuum. They often surface in the middle of a separation, a divorce filing, or a custody dispute, and the criminal case and the family case feed each other. A pending charge or a conviction can be raised in custody proceedings, and a no contact order can complicate parenting time overnight. On the other side, statements made in the family case can find their way into the criminal one.
Because we handle both criminal defense and family law and divorce, we see the whole board. If your charge arrived alongside a custody fight, the two cases need a coordinated strategy, not two lawyers working in different directions.
What does a real defense actually look like?
Domestic violence cases are more defensible than people assume, because they usually come down to two people's accounts of a chaotic moment. A serious defense looks at:
- Self defense. Michigan law lets you use reasonable force to protect yourself. Police arriving at a heated scene often arrest the person who looks calmer, the larger person, or the one who didn't call first, not necessarily the aggressor.
- Credibility and motive. When a charge appears in the middle of a custody dispute or a breakup, the timing and the inconsistencies in the account matter and can be tested.
- Context and evidence. What do the 911 audio, body camera footage, photos, texts, and medical records actually show? Frequently less than the police report suggests.
And one rule above all the others: don't give a statement to police without a lawyer. People charged in domestic cases routinely talk themselves into convictions trying to explain their side at the scene or in a follow up interview. We cover this in detail in what to do if police want to question you.
We defend domestic violence cases in the district and circuit courts across Dearborn, Wyandotte, and the rest of Wayne County. If you've been arrested or you think charges are coming, call us at (313) 274-6200. The consultation is free, and the earlier we're involved, the more options you'll have.
Quick answers
Can the victim drop domestic violence charges in Michigan?
No. Once police make an arrest, the case belongs to the prosecutor, not the person who called. The complaining witness can tell the prosecutor they want the case dropped, and that input matters, but the prosecutor alone decides whether to dismiss, and many offices proceed even with a reluctant witness.
Is a first offense domestic violence charge a felony in Michigan?
Usually not. A first offense of domestic assault under MCL 750.81(2) is a misdemeanor punishable by up to 93 days in jail and a $500 fine. It becomes a felony with two or more prior convictions, or when the assault causes a serious or aggravated injury and there is a prior domestic assault conviction.
Can a first domestic violence charge be kept off my record?
Possibly. MCL 769.4a lets a first offender plead guilty without a judgment of conviction entering. If you complete probation, the court dismisses the case and the record is nonpublic. It requires your consent and the prosecutor's, it can only be used once, and it is generally limited to people without prior assaultive convictions.
Related reading
- Your First Court Appearance in Michigan: The Arraignment
- What to Do if Police Want to Question You
- Criminal Defense at D.C. Law