Michigan Domestic Violence Laws

In Michigan, a person who commits domestic violence can face arrest, jail time, firearm restrictions, and restraining orders. This article provides an overview for anyone who's been accused of domestic violence or is interested in understanding the law. Read on to learn how Michigan addresses domestic violence, what crimes qualify as domestic violence, and the penalties and consequences for harming a family or household member.

What Is Domestic Violence in Michigan?

Michigan defines "domestic violence" as committing, attempting to commit, or threatening physical, sexual, or mental violence against a "family or household member." Family or household members include current and former spouses, dating partners, and household members (regardless of relation), as well as persons who share a child.

Personal Protection Orders (PPO)

A victim of domestic violence can ask the court for a personal protection order (PPO) to stop the abuse. PPOs can also direct the abuser to stay away from the victim, move out of a shared residence, and not possess a firearm.

Violating a Personal Protection Order (PPO)

A violation of a PPO subjects a person to immediate arrest and criminal penalties for contempt of court. Misdemeanor penalties apply. However, if the defendant violates the order by stalking the victim, the crime becomes a felony, punishable by up to 5 years of prison time.

(Mich. Comp. Laws §§ 400.1501, 600.2950, 764.15b (2024).)

Is Domestic Violence a Crime in Michigan?

While Michigan doesn't have a specific crime called domestic violence, assault offenses carry enhanced penalties when committed by a family or household member. Other crimes committed by a family or household member can result in firearm prohibitions, including assault, assault and battery, stalking, breaking and entering, criminal damage to personal or real property, and telecommunications harassment. Judges can also consider domestic violence in pretrial release and sentencing decisions.

What Are the Penalties for Domestic Assault Crimes in Michigan?

In Michigan, assault and assault-and-battery crimes prohibit:

• causing or attempting to cause physical harm to another, or
• making a person reasonably fear physical harm.

For instance, a person who tries to punch someone but misses commits an assault. Shaking a fist and moving towards someone would also be assault if the person appeared capable of causing harm. Landing one of these punches would be assault and battery.

In domestic assault cases, the penalties depend on the harm caused and the defendant's criminal history of committing similar crimes against family or household members.

Penalties for Assault and Assault-and-Battery of a Family or Household Member

A defendant convicted of assault against a family or household member faces misdemeanor penalties of up to 93 days in jail and a $500 fine for a first conviction. A second domestic assault offense bumps up the misdemeanor penalties to a one-year potential jail sentence and a $1,000 fine. A prosecutor can file felony charges for a defendant's third or subsequent domestic assault offense. These felony charges are punishable by up to 5 years in prison and a $5,000 fine.

Penalties for Serious or Aggravated Assault of a Family or Household Member

If the assault results in serious or aggravated injury to a family or household member, a first conviction carries up to a year of jail time and a $1,000 fine. A defendant who has prior domestic assault convictions faces a 5-year felony sentence.

Penalties for Assault by Strangulation or Suffocation

A defendant who commits assault by strangulation or suffocation faces up to 10 years in prison and a $5,000 fine. The prosecutor doesn't need to show any injuries for a conviction. Strangulation and suffocation are defined as intentionally impeding another's normal breathing or blood circulation by applying pressure to their throat or neck or by blocking their nose or mouth.

Penalties for Assault of a Pregnant Woman

Assault against a pregnant woman resulting in miscarriage, stillbirth, or harm to the fetus carries a wide range of penalties depending on the defendant's intent and the extent of the injuries.

A defendant can face a misdemeanor penalty in cases involving physical harm to the fetus.

Assault resulting in great bodily harm, miscarriage, stillbirth, or death carries felony penalties of 10 to 15 years in prison. However, if the defendant intended to cause these injuries to the fetus, a life sentence can be imposed.

(Mich. Comp. Laws §§ 750.81, 750.81a, 750.84, 750.90a, 750.90b (2024).)

Arrest, Bail, and Firearm Restrictions in Domestic Violence Cases in Michigan

Michigan law also imposes certain arrest and bail policies and firearm restrictions in domestic violence cases.

Arrest and Pretrial Release in Domestic Assault Cases

Police responding to a domestic call can arrest the abuser without a warrant. The law also provides that police should hold the suspect in custody until a judge sets conditions of release.

Judges must consider imposing conditions to protect the victim, including prohibiting the suspect from possessing a firearm and directing the suspect to wear an electronic monitoring device. Violating pretrial release conditions can result in immediate arrest, jail time, forfeiture of bail, and criminal penalties.

(Mich. Comp. Laws §§ 764.15a, 780.582a (2024).)

Firearm Restrictions in Domestic Violence Cases

Michigan law allows judges to prohibit possession of firearms by persons subject to a PPO or as a term of pretrial release or probation sentence.

Both state and federal law prohibit the possession of firearms by those:

• convicted of a felony or "misdemeanor crime of domestic violence," or
• subject to a PPO or other domestic violence restraining order.

In Michigan, a "misdemeanor crime of domestic violence" includes the following offenses committed against a family or household member: assault, assault-and-battery, stalking, breaking-and-entering, criminal damage to personal and real property, and telecommunications harassment.

Violating a firearm restriction can result in harsh penalties under both state and federal laws.

(Mich. Comp. Laws §§ 600.2950, 750.224f, 765.6b, 771.3 (2024); 18 U.S.C. § 922 (2024).)

Talk to a Lawyer

If you face charges for domestic violence or were served with a PPO, consult a criminal defense lawyer. An attorney can help you understand what's at stake, protect your rights, and defend your case.