Michigan Domestic Violence Laws

Crimes of abuse extract a heavy price from their victims. When the abuser is someone who should be trustworthy, it's even worse. Domestic violence is a blight on our society that ruins lives and destroys families. Michigan has laws in place to protect victims and keep their abusers away.

To stop domestic violence, it helps to understand exactly what it is. Using this article as your guide, you'll discover what relationships fall under domestic violence, what protections and penalties become available when it occurs, and how the Michigan legal system deals with it.

For a thorough explanation of the protective orders available in Michigan and how they work, take a look at FindLaw's Michigan Protective Orders Laws article. Otherwise, read on for critical knowledge about domestic violence laws in Michigan.

Michigan Domestic Violence Laws: What Is Domestic Violence?

Classifying a criminal act as domestic violence in Michigan requires that two distinct elements are met. If both parts aren't present, then it can't be an episode of domestic violence. That doesn't make it any less of a crime. If you punch someone in the face, you'll face assault charges whether it's domestic violence or not.

In Michigan, there is not one criminal offense called "domestic violence." Instead, any number of crimes may be viewed as domestic violence when committed against a family or household member.

Breaking down the requirements makes it easier to understand what domestic violence is. Let's examine them one at a time.

Domestic Violence in Michigan: The Participants

Abusive crimes require an abuser and a victim. Part of what makes a domestic violence offense different is the relationship between them. A domestic abuse crime can never take place between strangers. In addition to certain criminal acts, domestic violence is focused on persons considered family or household members, including:

• Spouse

• Former spouse

• Have a child in common

• Related by marriage (in-laws and stepfamily)

• Related by marriage in the past

• Reside together

• Have resided together in past

• In a dating relationship

• Were in a past dating relationship

• In a sexual relationship

• Were in a past sexual relationship

• Are the child of anyone listed above

A dating relationship must be more than casual. In close cases, the court may rule on the qualification of a dating relationship.

Domestic Violence in Michigan: The Criminal Acts

Now that we know who's involved, let's focus on the criminal acts required for domestic violence. Above all else, domestic violence is about the abuser gathering and maintaining power and control over their victim. This allows them to keep the victim feeling helpless and, at times, hopeless.

Domestic violence is not limited to physical intimidation and assault. There are many types of abuse utilized by abusers, including emotional, financial, and psychological. They allow the abuser to keep up a vicious cycle of intimidation, threads, coercion, and violence. Not every type of abuse will meet the elements of a criminal offense.

Under the criminal statutes, a domestic violence assault falls under the assault and battery law. An incident of assault or assault and battery against a family or household member starts out as a misdemeanor on a first offense. Upon conviction, an abuser can face up to 93 days in jail and/or a fine of up to $500. On a second offense, the crime remains a misdemeanor but the penalties increase to up to 1 year in jail and/or a fine of $1,000. On a third or subsequent offense, the crime becomes a felony, punishable by up to 5 years in prison and/or a fine of $5,000.

During a criminal case, a judge may issue a "no contact" order as part of the criminal defendant's bail. A violation by the defendant could lead to revocation of bail until the case resolves.

First-time domestic violence offenders could face jail time or Probation. Conditions of a probation sentence can include mandatory counseling or programs geared to end violence, drug treatment programs, community service, and/or intervals of jail time.

Michigan civil statutes permit victims of domestic violence and other crimes to seek a protection order in civil court. In civil court the petitioner must show that the respondent engaged in domestic violence and that petitioner has a reasonable need for protection.

Rather than listing individual crimes, Michigan's definition of domestic violence for protection orders includes an act that belongs to one of these categories being committed on a family or household member:

• Causing physical harm or mental harm

• Attempting to cause physical harm or mental harm

• Causing fear of physical harm or mental harm

• Using methods to make a reasonable person feel frightened, harassed, intimidated, molested, terrorized, or threatened

• Causing involuntary sexual activity by duress, force, or threat of force

• Attempting to cause involuntary sexual activity by duress, force, or threat of force

If one or more of these acts occurs between family members or household members and is not an act of self-defense, Michigan considers it domestic violence. For example, rape would fall under "involuntary sexual activity." Stalking involves making someone feel terrorized, frightened, threatened, and harassed.

Michigan Domestic Violence Laws: Programs and Protections

You've learned that domestic violence includes certain abusive crimes committed between people in specific relationships. What tools does Michigan provide to help victims find their way to an abuse-free life?

Domestic Violence in Michigan: Domestic Relationship Personal Protection Orders (PPO)

Once a crime is categorized as domestic violence, special protections become available for the victim. Domestic relationship personal protection orders (PPO) offer relief for victims and penalties for abusers who violate an order.

PPOs are tailored for each case of domestic abuse. These are some of the more common provisions included:

• Forbidding the abuser from entering the premises of the victim

• Forbidding the abuser from attacking, assaulting, beating, molesting, causing a serious injury, or wounding the victim or a named individual

• Forbidding the abuser from threatening to kill or injure the victim or a named individual

• Assigning temporary child custody or child support

• Forbidding the abuser from purchasing or possessing a firearm

• Forbidding the abuser from preventing the victim to enter the property to retrieve children or personal items

• Forbidding the abuser from showing up or harassing at the victim's place of employment or education

• Forbidding the abuser from being in the same school as the victim if both are minors

• Forbidding the abuser from committing stalking or aggravated stalking

• Forbidding the abuser from taking or harming any shared domestic animals

Depending on the situation, a PPO may use some, all, or none of the conditions above. The court can assign provisions not on this list as well for domestic violence cases.

To obtain a domestic violence PPO, the victim (petitioner) must file with the family division of circuit court. It does not have to be in the county you live in. While you can always fill out the forms at home and bring them to the court or fill them out there, some counties, like Kent, have moved the process online. Michigan has a locator for its trial courts.

You'll have to supply an affidavit with descriptions of the abuse you've suffered. There is no fee for applying for a PPO. As this will be public record, ask the clerk to keep your address private if you've already fled your abuser. A judge will review your case within a day of your filing. If they agree that danger of abuse exists, an ex parte PPO is issued. The term ex parte means that only one party was present at the initial hearing and the abuser (respondent) had not appeared.

If the court grants the ex parte order, the next step is service of process, where a copy of the PPO is given to the respondent. The petitioner cannot do this themselves. In many counties law enforcement will serve the PPO for you. Check with the clerk when you file.

The ex parte order is good for up to 182 days. After being served, the respondent has up to 14 days to oppose the order. If they don't respond during that period, the order remains in place for the duration. If they do challenge, a court hearing is scheduled.

At the court hearing, both sides offer arguments, present evidence, and have witnesses testify. If the court feels the threat of abuse remains, the order becomes a final domestic violence personal protection order. The respondent is made aware that penalties are in place for any violations.

Under federal law, PPOs issued in Michigan are valid in all other US states, territories, and tribal reservations. Orders from other states are honored in Michigan as foreign orders.

Violations of a PPO are considered criminal contempt. Each act is a misdemeanor with up to 93 days in jail and a fine of up to $5,000. The abuser is also responsible for domestic violence offenses associated with the criminal acts committed during the violation. If the abuser commits a sexual assault during the violation, they'll face those charges as well.

There are other protective orders available if you don't qualify under domestic violence. These include non-domestic protection orders for stalking or sexual abuse. The FindLaw Michigan Protective Orders article lists orders and how to get them.

Address Confidentiality Program

Fleeing an abuser can seem pointless if it's easy for them to find you again. Michigan's Address Confidentiality Program (ACP) is designed to keep your new location a secret. It accomplishes this by issuing you a second legal address used for public records. First-class mail is forwarded to your actual address and there's no charge for this program.

Ability To Break a Lease

As if the stress and peril of leaving an abuser weren't enough, the thought of being on the hook for penalties for breaking a lease can give a victim pause. Michigan has a law in place absolving you from liability. Domestic abuse victims can make a legal breaking of a lease by supplying a written notice and a copy of their PPO via certified mail.

The Right To Sue

You have the right to file a lawsuit against your abuser to recover civil damages. These can include lost wages, medical bills, and pain and suffering. If you're considering this option, speaking with a Michigan civil litigation attorney is a necessity.

Michigan Domestic Violence Laws: Summary

Being stuck in a toxic relationship with a domestic violence abuser is no way to go through life. The information you've learned provides options for escape. The table below recaps the important points from this article and adds links to domestic violence codes under Michigan law.

Note: State laws are subject to change through the passage of new legislation, rulings in higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult and attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

Michigan Domestic Violence Laws: Additional Resources

• Michigan State Police Domestic Violence Unit

• Michigan Coalition to End Domestic & Sexual Violence

• National Domestic Violence Hotline (800.799.7233)

• Michigan Protective Orders Laws

• Domestic Violence FAQ

• Michigan Legal Help: Domestic Violence Overview

Questions About Domestic Violence Laws in Michigan? Talk With an Attorney

If your domestic relationship includes domestic abuse, aggravated domestic assault with a deadly weapon, and living in fear of serious injury or bodily harm, call 911. Seek medical attention if necessary. When you decide to escape your abuser, having a Michigan domestic violence attorney on your side is a great idea.

If you're facing domestic violence charges, consult an experienced Michigan criminal defense attorney sooner rather than later. A criminal defense lawyer who's an expert in domestic violence cases can examine your case with the alleged victim, give you legal advice on your options, and represent you in district court.