A domestic violence accusation in Michigan can lead to an arrest even when police did not witness the alleged incident. If charges follow, a judge can impose no-contact conditions that affect where you live or how you communicate with a spouse, partner, or family member. The specific allegations and any qualifying prior convictions can affect the charges and possible penalties.
Michigan Defense Law defends people accused of domestic assault, aggravated domestic assault, and related felony offenses in Oakland County and across Michigan. Our domestic violence attorney in Michigan, Paul J. Tafelski, helps clients assess the evidence, address court restrictions, and prepare for the legal process ahead.
This page explains how Michigan law defines domestic violence, the possible penalties and court restrictions, and the defense options available to someone facing charges. Call (248) 451-2200 for a free consultation with our Michigan criminal defense attorney.
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Michigan addresses domestic assault and domestic violence under different provisions. Michigan Compiled Laws (MCL) 750.81(2) makes assault or assault and battery against someone in a qualifying relationship a criminal offense. MCL 400.1501(d) defines domestic violence more broadly, including conduct that does not automatically establish a criminal domestic assault charge.
Assault involves an intentional attempt to make harmful or offensive contact, or conduct intended to cause someone to reasonably fear immediate contact of that kind. Battery involves intentional, unwanted touching that is harmful or offensive, even without an injury.
MCL 750.81(2) applies when the alleged victim is:
MCL 400.1501(d) also covers the following acts involving a family or household member, unless they are acts of self-defense:
Under MCL 400.1501(e), a “family or household member” also includes someone you have had a sexual relationship with, a current or former relative by marriage, and the minor child of any of them.
Michigan Defense Law can examine the alleged conduct and the relationship involved to assess how the domestic assault statute applies to your case.
Qualifying prior convictions can increase the possible penalties for domestic assault. Michigan law also covers assault on someone the defendant knows is pregnant, even when the two people do not have a qualifying domestic relationship. The table below compares the maximum penalties under MCL 750.81 and MCL 750.81a.
| Charge | Possible Maximum Jail or Prison | Possible Maximum Fine | Statute |
|---|---|---|---|
| Domestic assault, no qualifying prior | Up to 93 days | Up to $500 | MCL 750.81(2) |
| Assault on a person known to be pregnant, no qualifying prior | Up to 93 days | Up to $500 | MCL 750.81(3) |
| Domestic assault with a qualifying prior | Up to 1 year | Up to $1,000 | MCL 750.81(4) |
| Domestic assault with 2 or more qualifying priors (felony) | Up to 5 years | Up to $5,000 | MCL 750.81(5) |
| Aggravated domestic assault causing serious or aggravated injury, without a weapon | Up to 1 year | Up to $1,000 | MCL 750.81a(2) |
Aggravated domestic assault under MCL 750.81a(2) involves an assault that causes serious or aggravated injury to someone in a qualifying domestic relationship, without a weapon or intent to commit murder or inflict great bodily harm. If the assault also involves battery and the defendant has a qualifying prior conviction, MCL 750.81a(3) makes it a felony punishable by up to five years in prison, a fine of up to $5,000, or both.
Even without a prior conviction, assault involving a dangerous weapon can lead to felonious assault charges under MCL 750.82, punishable by up to four years in prison, a fine of up to $2,000, or both. Assault with intent to do great bodily harm less than murder, or assault by strangulation or suffocation, can be charged under MCL 750.84, punishable by up to 10 years in prison, a fine of up to $5,000, or both.
A first domestic assault is a misdemeanor, while a domestic assault involving two or more qualifying prior convictions is a felony under MCL 750.81(5). Assault by strangulation under MCL 750.84 is also a felony. Under MCL 761.1(f), an offense is a felony if it carries more than one year in prison or if the law expressly designates it as a felony.
Even though a first domestic assault is a misdemeanor, it does not qualify as a “minor offense.” Under MCL 761.1(m), that term applies to offenses with a maximum of 92 days in jail and a fine of $1,000 or less. First domestic assault carries up to 93 days.
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Paul J. Tafelski, the founding attorney of Michigan Defense Law, has practiced criminal defense in Michigan since 1995. He represents clients facing domestic assault and other criminal charges in Oakland County and throughout the state. He also handles personal protection order (PPO) matters related to domestic violence allegations.
Attorney Tafelski earned his undergraduate degree from Michigan State University and his Juris Doctor from the Detroit College of Law. Throughout his career, he has maintained ties to Michigan’s criminal defense community as a member of Criminal Defense Lawyers of Michigan and a former member of the State Bar of Michigan Criminal Law Committee. He was also recognized as a Leading Lawyer and selected to the Super Lawyers list in 2011–2013 and 2017–2026.
When police investigate a reported domestic assault, they can consider witness statements and other available evidence. Under MCL 764.15a, an officer may arrest without a warrant if there is reasonable cause to believe a domestic assault occurred and the parties have a qualifying relationship, even if the officer did not witness the incident. MCL 764.15c also requires officers to prepare a domestic violence incident report after investigating or intervening.
After the arrest, the prosecutor, not the complaining witness, decides whether to issue charges. When the court sets bail, MCL 765.6(1) requires a finding on the record for each listed bail consideration, which gives your lawyer a basis to argue for reasonable release terms.
If you have been arrested or asked to appear in court, Michigan Defense Law can explain the next steps, review available police reports, and address concerns about bond or release conditions. Call (248) 451-2200 for a free consultation to discuss your case.
Domestic violence cases can involve two different court orders that restrict contact. A no-contact order comes from the criminal case, while a PPO is a separate civil order the accuser can request on their own. Both orders carry penalties if violated, and both can affect where you live and how you see your children.
When a court releases someone charged with domestic violence, it can impose a no-contact order as a condition of release. The restrictions depend on the order’s terms and remain in effect unless the court changes or ends them. If the parties have children together, the order may include specific instructions or exceptions for child exchanges.
Under MCL 600.2950(1), a person who qualifies for a domestic relationship PPO can ask the circuit court to prohibit certain conduct, even without a criminal charge. Depending on the circumstances, a PPO can direct you not to:
Unlike a criminal conviction, a PPO does not require proof beyond a reasonable doubt. Under MCL 600.2950(4), the court must issue the order if it finds reasonable cause to believe you may commit one of the prohibited acts.
After you are served with an ex parte PPO or receive actual notice of it, you have 14 days to file a motion to modify or rescind the order under MCL 600.2950(13). A late motion is allowed if the court finds good cause. Your lawyer can help present evidence at the hearing, but you must continue to follow the order unless the court changes or ends it.
| Issue | No-Contact Order | Personal Protection Order | How It Could Affect Your Case |
|---|---|---|---|
| How it begins | Judge imposes a release condition | Petitioner requests a civil order | A PPO may exist before any charge is filed |
| Duration | Until the court changes or ends the release condition | Set by the order's terms | Terms may be modified by motion |
| Violation | Bond revocation and possible jail | Criminal contempt (adults): up to 93 days in jail and a possible fine of up to $500 | A violation may hurt plea or sentencing options |
Key Takeaway: If a PPO prohibits contact, you can violate it by responding even if the protected person reaches out first.
Michigan Defense Law can review the terms of a no-contact order or PPO, explain which restrictions apply, and help you seek changes through the court when appropriate.
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I didn’t know much about the entire legal process so Paul was a great Lawyer for me. He took the time to explain everything without making me feel dumb. He fought for me and got me a great outcome for my case. He is a great guy that eased my stress about my case and I would recommend him to anyone. Thank you Paul!
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The right defense against a domestic violence charge depends on what the evidence shows about contact, intent, and injury. Possible defenses include:
Michigan Defense Law can review the evidence in your case and explain which defenses the facts support. Call (248) 451-2200 for a free consultation.
Under MCL 769.4a(1), after a guilty plea or finding of guilt, the court may defer entering a conviction for an eligible domestic assault or aggravated domestic assault charge and place you on probation. Deferral is unavailable if you were previously convicted of an assaultive crime, and both you and the prosecutor must consent after the prosecutor consults the victim. If you fulfill the terms and conditions of probation, the court must dismiss the charge.
If you violate probation under MCL 769.4a, the court can enter a conviction and impose a sentence. The court must enter a conviction if you commit another assaultive crime, violate a court order requiring counseling for violent behavior, or violate a court-ordered no-contact restriction.
A discharge and dismissal under MCL 769.4a is available only once and still counts as a prior conviction for certain future domestic assault charges.
If the case results in a conviction, setting it aside later involves a separate process. Domestic assault misdemeanors are classified as serious misdemeanors under MCL 780.811. Under MCL 780.621d(2), eligible convictions in this category have a five-year waiting period before applying to have them set aside.
Misdemeanor domestic assault cases are normally handled in district court, while felony cases begin there and move to circuit court if they are bound over.
Michigan Defense Law can assist at each stage:
The timeline can vary based on the court’s schedule, the number of witnesses, and whether a separate PPO proceeding is taking place. Call Michigan Defense Law at (248) 451-2200 for a free case evaluation.
Michigan Defense Law begins each domestic violence defense by reviewing the charges, available evidence, and any court restrictions requiring immediate attention. This review helps us identify possible weaknesses in the prosecution’s case and determine which defense options the evidence supports.
We negotiate with the prosecutor when the evidence supports a dismissal, a reduced charge, or deferral. When a PPO case is pending alongside the criminal case, we coordinate the defense in both matters and consider how statements in one case could affect the other. If the case goes to trial, we prepare to question witnesses and challenge the prosecution’s case in court.
We serve people facing domestic violence charges in Birmingham, Troy, Novi, Pontiac, Royal Oak, Auburn Hills, Southfield, Ferndale, and other Oakland County communities. We also handle cases elsewhere in Michigan and can explain which court will hear your case and what that means for scheduling. Call Michigan Defense Law at (248) 451-2200 to discuss your legal options.
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Before accepting a plea offer or deciding to contest a domestic violence charge at trial, it is important to consider the evidence and the possible consequences. Some defendants may qualify for deferral under Michigan law, while others may have grounds to challenge the allegations.
Our Michigan domestic violence attorney, Paul J. Tafelski, can help you evaluate those options, explain the consequences of a proposed plea, and prepare a defense based on the evidence. If a related PPO is involved, he can also represent you in those proceedings while addressing the criminal charge.
Call Michigan Defense Law at (248) 451-2200 for a free consultation. Our office is located at 2525 S Telegraph Rd, Suite 100, Bloomfield Hills, MI 48302.
No. The person who reported the incident can ask for the charges to be dropped, but the prosecutor decides whether to pursue the case.
Not necessarily. A first domestic assault charge under MCL 750.81(2) is a misdemeanor. However, strangulation, assault with a dangerous weapon, or assault with intent to cause great bodily harm can lead to felony charges even without prior convictions.
Yes. Police do not have to witness the incident. If they have reasonable cause to believe an assault occurred and the required domestic relationship exists, MCL 764.15a allows an arrest without a warrant.
Only if every applicable order permits the contact or the court changes the restrictions. The protected person reaching out first does not give you permission to violate a no-contact order or PPO.
Yes. A PPO is a civil court order, so someone can request one even if no criminal charges have been filed. The judge must find reasonable cause to believe the person to be restrained may commit conduct covered by Michigan’s PPO law.
Possibly. An eligible case can be deferred after a guilty plea or finding of guilt, with the defendant’s consent and the prosecutor’s consent after consulting the victim. A prior conviction for an assaultive crime makes someone ineligible. Completing probation as ordered leads to dismissal.
Sometimes. Eligible misdemeanor domestic assault convictions can be set aside after a five-year waiting period and approval of an application. A felony domestic violence conviction cannot be set aside if the person has a previous misdemeanor domestic violence conviction.
No. You can represent yourself, but even a misdemeanor domestic assault conviction can lead to jail time. Michigan Defense Law can assess the evidence, explain plea options, and review eligibility for deferral. Call (248) 451-2200 to discuss your case.