MICHIGAN'S DOMESTIC VIOLENCE STATUTES
Michigan law defines "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 has two types of domestic violence:
DOMESTIC ASSAULT [MCL 750.81] in which the victim need not have been injured. The criminal penalties (+ possible probation, counseling, community service, etc.).
- 1st conviction (misdemeanor): up to 93 days in jail and/or $500.00 fine.
- 2nd conviction (misdemeanor): up to 1 year in jail and/or $1,000.00 fine.
- 3rd (or more) conviction (felony): up to 2 years in prison and/or $2,500 fine.
AGGRAVATED DOMESTIC ASSAULT [MCL 750.81(a)] in which the victim received serious or aggravated injuries (such as injuries requiring immediate medical attention). The criminal penalties (+ possible probation, counseling, community service, etc.)
- 1st conviction (misdemeanor): up to 1 year in jail and/or $1,000.00 fine.
- 2nd conviction (felony): up to 2 years in prison and/or $2,500.00 fine.
Since 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).
Other, more serious assault crimes can occur in domestic relationships-such as Assault with a Deadly Weapon (felony - up to 4 years and/or $2,000.00 fine). Assault With Intent to Commit Great Bodily Harm Less Than Murder (felony - up to 10 years or $5,000.00 fine). Assault With Intent to Commit Murder (felony - Life, or any number of years), etc.. But they are not specifically charged as "domestic versions" of those crimes, with different "domestic" penalties.