Michigan’s Domestic Violence Statute

Michigan laws define “domestic violence” as an assault or an assault & battery by a

• spouse
• former spouse
• person residing or having resided in the same household as the victim
• person having a child in common with the victim
• person with whom he/she has or has had a dating relationship

Michigan uses two classifications of domestic violence:

Domestic Assault [MCL 750.81]

• Victim need not be injured!
• Criminal penalties (+ possible probation, counseling,
  community service, etc.)
• 1st conviction (misdemeanor): up to 93 days in jail and/or $500 fine
• 2nd conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
• 3rd or more conviction (felony): up to 2 years in prison and/or $2,500 fine

Aggravated Domestic Assault [MCL 750.81a]

• Victim must receive serious or aggravated injuries (such as injuries requiring immediate medical attention)
• Criminal penalties (+ possible probation, counseling, community service, etc.)
• 1st conviction (misdemeanor): up to 1 year in jail and/or $1,000 fine
• 2nd conviction (felony): up to 2 years in prison and/or $2,500 fine

As of 04/01/2002, a person arrested for Domestic Violence cannot be released from jail on an interim bond set by the jail. The person must be held until he or she can be arraigned, or has an interim bond set by a judge or district court magistrate. The judge or magistrate’s interim bond can include conditions, such as having no contact with the victim. (See 2001 PA 198.)