A domestic violence charge in Oakland County does not have to define the rest of your life. Michigan law provides several paths to recovery, including deferred sentencing under Michigan Compiled Laws (MCL) 769.4a, expungement through Michigan’s Clean Slate Law, and counseling programs that can lead to a dismissal. However, the penalties for a conviction are serious, and the long-term consequences can affect employment, custody, housing, and firearm rights.
At Michigan Defense Law, Oakland County criminal defense attorney Paul J. Tafelski represents individuals charged with domestic violence throughout the county. Paul J. Tafelski has defended hundreds of clients from arraignment through jury trial and understands how local courts handle these cases. Our domestic violence lawyer can help protect your rights while working toward the most favorable outcome.
This guide explains what Michigan law defines as domestic violence, what penalties you may face, how the deferred sentencing process works, whether expungement is available, and what steps you can take to move forward after a charge. Call Michigan Defense Law at (248) 451-2200 to speak with Paul J. Tafelski about your case.
What Does Michigan Law Define as Domestic Violence?
Under MCL 750.81(2), domestic assault occurs when a person commits an assault or assault and battery against a spouse, former spouse, someone who shares a child in common, a current or former household member, or someone with whom they have or had a dating relationship. The victim does not need to sustain a visible injury for the charge to apply.
Michigan recognizes two levels of domestic violence. A standard domestic assault charge under MCL 750.81 applies when no serious injury occurs. Aggravated domestic assault under MCL 750.81a applies when the victim suffers a serious or aggravated injury, such as one requiring immediate medical treatment.
Because the charge can result from a wide range of situations, many people who face domestic violence accusations have no prior criminal history. A heated argument, a misunderstanding, or a moment of poor judgment can lead to an arrest, especially since Michigan law allows officers to arrest based on probable cause alone, even without witnessing the incident.
What Are the Penalties for a Domestic Violence Conviction in Michigan?
Michigan imposes escalating penalties based on the number of prior domestic violence convictions a person has. The consequences increase significantly with each subsequent offense.
First-Offense Domestic Assault
A first conviction for domestic assault under MCL 750.81 is a misdemeanor. The court may impose up to 93 days in jail, a fine of up to $500, or both. Probation is common and may include conditions such as mandatory counseling, no-contact orders, and community service.
Second-Offense Domestic Assault
A second domestic assault conviction remains a misdemeanor but carries enhanced penalties. The court may sentence the defendant to up to one year in jail, a fine of up to $1,000, or both. Judges tend to impose stricter conditions for repeat offenses.
Third or Subsequent Offense
A third domestic assault conviction becomes a felony under MCL 750.81(5). This carries a penalty of up to five years in prison and a fine of up to $5,000.
| Offense Level | Classification | Maximum Jail/Prison | Maximum Fine |
|---|---|---|---|
| 1st Offense (MCL 750.81) | Misdemeanor | 93 days in jail | $500 |
| 2nd Offense (MCL 750.81) | Misdemeanor | 1 year in jail | $1,000 |
| 3rd+ Offense (MCL 750.81) | Felony | 5 years in prison | $5,000 |
| 1st Aggravated (MCL 750.81a) | Misdemeanor | 1 year in jail | $1,000 |
| 2nd Aggravated (MCL 750.81a) | Felony | 5 years in prison | $5,000 |
Can a First-Time Domestic Violence Charge Be Deferred in Michigan?
Michigan law provides a one-time opportunity for certain first-time domestic violence defendants to avoid a permanent conviction through deferred sentencing under MCL 769.4a. This is one of the most important tools available for someone looking to recover from a domestic violence charge.
To qualify for deferred sentencing, the defendant must not have any prior convictions for an assaultive crime. The defendant must also plead guilty to the domestic violence charge. Both the prosecuting attorney, in consultation with the victim, and the court must consent to the deferral.
If the court grants the deferral, it does not enter a judgment of guilt. Instead, the court places the defendant on probation for a period that typically ranges from 12 to 24 months. Probation conditions often include participation in a batterer’s intervention program or other counseling, compliance with a no-contact order, and regular check-ins with a probation officer.
What Happens After Probation Under MCL 769.4a?
If the defendant successfully completes all probation requirements without any violations, the court may discharge the defendant and dismiss the proceedings without entering a judgment of guilt. That means the case does not result in a conviction, but Michigan law still allows the Department of State Police to retain a nonpublic record of the arrest, court proceedings, and disposition. The deferral under MCL 769.4a can be used only once.
If the defendant violates the terms of probation, particularly by committing another assaultive crime, violating a no-contact order, or failing to attend mandatory counseling, the court may revoke the deferral. At that point, the court enters a conviction and proceeds to sentencing.
Domestic Violence Attorney in Oakland County – Michigan Defense Law
Paul J. Tafelski, Esq.
Paul J. Tafelski has practiced criminal defense law in Michigan for over 20 years. He earned his Juris Doctor from the Detroit College of Law at Michigan State University and is admitted to practice in all state and federal courts in Michigan. He is a member of the Michigan Bar Association, American Bar Association, Criminal Defense Lawyers of Michigan, and the Oakland County Bar Association.
Paul J. Tafelski has been recognized by SuperLawyers from 2011 to 2013 and from 2017 to 2026. He was also named a Leading Lawyer in 2017. His career includes successfully defending hundreds of clients from arraignment through jury trial, with a focus on achieving results that allow clients to move forward with their lives.
How Does a Domestic Violence Conviction Affect Employment?
One of the most significant long-term consequences of a domestic violence conviction is its effect on employment. The conviction stays on your criminal record unless it is set aside through expungement, and employers routinely run background checks on applicants.
Certain professions are particularly affected. Positions that involve child care, education, nursing, law enforcement, and handling of firearms or dangerous materials may become unavailable to someone with a domestic violence conviction on their record. Professional licenses in fields like teaching, healthcare, and law may be revoked or denied.
Even outside of licensed professions, many employers conduct background checks as a standard part of the hiring process. A domestic violence conviction can disqualify candidates from positions they would otherwise be qualified to hold. This is especially true in competitive job markets where employers have multiple applicants to choose from.
Impact Beyond Employment
A domestic violence conviction can also affect other areas of life:
- Child custody: Courts may consider a domestic violence conviction when determining custody arrangements. A convicted parent may face restrictions on parenting time, particularly if the offense involved a child.
- Housing: Landlords may refuse to rent to individuals with a domestic violence conviction. In some cases, a defendant may be required to vacate a shared residence even before the case is resolved.
- Firearm rights: Under both federal and Michigan law, a person convicted of a misdemeanor crime of domestic violence may lose the right to possess firearms.
- Loans and financial matters: Some lenders consider criminal history in their approval process, and the financial burden of fines, counseling costs, and lost employment can compound quickly.
Key Takeaway: A domestic violence conviction can limit employment options, affect custody decisions, restrict firearm ownership, and create housing and financial difficulties. Avoiding a conviction through deferred sentencing or other legal strategies may be critical to protecting your future.
Can a Domestic Violence Charge Be Expunged in Michigan?
Michigan’s Clean Slate Law, which took effect in stages beginning in 2021 with automatic expungement beginning on April 11, 2023, expanded access to criminal record expungement across the state. Under these laws, certain domestic violence convictions can be set aside, but the eligibility rules are specific and include important limitations.
A first-offense misdemeanor domestic violence conviction may be eligible to be set aside by application. Because domestic violence is treated as a serious misdemeanor for expungement purposes, the waiting period is generally at least 5 years from the latest of sentencing, completion of probation, discharge from parole, or completion of any term of imprisonment. Eligibility still depends on the person’s overall record and the other limits in Michigan’s set-aside statute.
What Domestic Violence Convictions Cannot Be Expunged?
Michigan law places important limits on expungement for domestic violence offenses. A person may apply to set aside certain domestic violence convictions, but the rules depend on the offense, the person’s record, and whether the conviction is classified as an assaultive crime or serious misdemeanor. A first-offense misdemeanor domestic violence conviction may be eligible to be set aside by application after the required waiting period. Automatic expungement is more limited and depends on the person’s full criminal history, including whether there is more than one assaultive-crime conviction on record. Felony domestic violence convictions are subject to additional restrictions, and not every case will qualify.
The Oakland County Clean Slate Program, administered through Michigan Works!, provides free expungement assistance to eligible residents. The program reviews each person’s criminal history and helps with the application process. Due to high demand, wait times can exceed 120 days.
What Steps Can Help You Move Forward After a Domestic Violence Charge?
Recovery from a domestic violence charge requires a combination of legal strategy and personal responsibility. Taking the right steps early can improve both the legal outcome and your ability to rebuild your life after the case is resolved.
The most important first step is to hire an experienced criminal defense attorney. An attorney who regularly handles domestic violence cases in the local courts can explain the charges, advise you on whether you qualify for deferred sentencing, and represent you at every stage of the proceedings.
Compliance with all court orders is equally critical. Violating a no-contact order, missing a counseling session, or failing a drug or alcohol test while on bond or probation can result in harsher penalties and eliminate your eligibility for deferred sentencing.
Counseling and Rehabilitation
Courts in Michigan frequently require participation in a counseling program as a condition of probation or deferred sentencing. Common programs include batterer’s intervention programs, which typically run 26 or 52 weeks, as well as anger management courses and substance abuse treatment when applicable.
Voluntary participation in counseling before the court orders it can demonstrate to the judge that you are taking the situation seriously. This can be a factor in the court’s decision to grant deferred sentencing or impose a lighter sentence.
Maintaining a clean record during and after the case is essential. Any new criminal charge, especially an assaultive offense, may significantly harm your position. If you were granted deferred sentencing, a new conviction may result in revocation of the deferral and entry of a conviction on the original domestic violence charge.
Key Takeaway: Hiring an attorney, complying with all court orders, and voluntarily participating in counseling are the most important steps you can take to recover from a domestic violence charge. A clean record during probation is essential to achieving a dismissal under MCL 769.4a.
Get Help from a Michigan Domestic Violence Attorney
A domestic violence charge can affect your job, your custody rights, your housing, and your ability to own a firearm. The consequences extend well beyond the courtroom, and the decisions you make early in the case can determine whether you carry a conviction for the rest of your life or have the charge dismissed.
Paul J. Tafelski of Michigan Defense Law has defended clients facing domestic violence charges in Oakland County for over 20 years. He handles cases at the 48th District Court, the Circuit Court in Pontiac, and district courts throughout the county. Our domestic violence lawyers evaluate every case for deferred sentencing eligibility, expungement options, and potential defenses.
Call Michigan Defense Law at (248) 451-2200 for a consultation. Our office is located at 2525 South Telegraph Road, Suite 100, in Bloomfield Hills, and we serve clients throughout the region.
