Practice Area
Domestic Violence Defense
Domestic violence charges in Michigan are prosecuted aggressively and move quickly through the courts. One of the most important things to understand from the start: once a complaint is filed, the prosecution does not need the alleged victim’s cooperation to proceed. The decision to press charges belongs to the prosecutor, not the complaining party, and charges frequently go forward even when the alleged victim has changed their mind, recanted, or asked for the case to be dropped. If you have been arrested or charged with domestic violence, retaining an attorney immediately is critical, not after you see how things develop, but now.
Michigan Domestic Violence Charges We Handle
- Domestic Assault: MCL 750.81(2); assault or battery against a household or family member; misdemeanor, up to 93 days (first offense)
- Aggravated Domestic Assault: MCL 750.81a(2); assault causing serious or aggravated injury; misdemeanor up to 1 year (first offense)
- Domestic Violence Second Offense: MCL 750.81(3); prior conviction elevates charge; up to 1 year
- Domestic Violence Third or Subsequent Offense: MCL 750.81(4); felony, up to 5 years in prison
- Assault with Intent to Do Great Bodily Harm in a Domestic Context: felony, up to 10 years
- Strangulation / Suffocation: MCL 750.84(1)(b); felony, up to 10 years; treated with particular severity by prosecutors and courts
- Stalking / Cyberstalking: MCL 750.411h/750.411s; misdemeanor to felony depending on prior conduct and threats
- Violation of a Personal Protection Order (PPO): criminal contempt; jail and additional charges
- Child Abuse in a Domestic Context: MCL 750.136b; ranges from misdemeanor to life offense depending on degree
How Michigan Domestic Violence Prosecutions Work
Michigan’s domestic assault statutes (MCL 750.81 et seq.) apply to assault or battery committed against a spouse, former spouse, someone you have a child with, a household member, or a dating partner. The domestic relationship is what elevates a standard assault charge to a domestic violence charge, which carries different mandatory considerations and different sentencing options.
Washtenaw County, like most Michigan jurisdictions, follows what is effectively a no-drop policy: once a domestic violence complaint is filed and police have made an arrest, prosecutors typically proceed regardless of whether the alleged victim wants to. Prosecutors may subpoena the alleged victim to testify and can use the alleged victim’s prior statements, including 911 calls, statements to responding officers, and medical records, even if the alleged victim recants or refuses to cooperate at trial.
Emergency personal protection orders (PPOs) are often issued immediately following a domestic violence arrest, which can result in being removed from your own home and prohibited from any contact with your children. Challenging or modifying those conditions early in the case is often a priority.
Defense Strategies
Self-defense: Michigan law allows reasonable force in self-defense, and many domestic violence situations involve mutual conflict where the person arrested was not the true aggressor. A thorough investigation into who initiated contact, injuries to both parties, and prior incidents is often critical.
False allegations: Domestic violence charges are sometimes filed in the context of divorce, custody disputes, or relationship conflict, where one party has a motive to fabricate or exaggerate. Prior communications, financial circumstances, and custody proceedings are all relevant context.
Victim recantation and cooperation: While prosecutors can proceed without a cooperative victim, a recanting alleged victim who provides a credible, consistent explanation for the recantation can significantly weaken the prosecution’s case. The circumstances of any recantation must be handled carefully to avoid witness tampering concerns.
Challenging the physical evidence: Injury photographs, medical records, and forensic evidence must be consistent with the prosecution’s theory of the case. Inconsistencies in the physical evidence can undermine the credibility of the charges.
Deferral programs: For first-time domestic violence offenders, Michigan offers a deferral program under MCL 769.4a that can result in dismissal of the charge upon completion of conditions including counseling and a probationary period. Eligibility and whether this option makes sense depends on the specific facts.
How Chris Approaches Domestic Violence Cases
Chris handles domestic violence cases with a thorough investigation from the very beginning. He obtains 911 recordings, officer body camera footage, medical records, and witness statements before the prosecution’s version of events becomes entrenched. He is experienced at evaluating the credibility of allegations, identifying where the physical evidence does and does not support the charge, and presenting a defense that gives clients the best realistic chance at the best possible outcome, whether that is a complete dismissal, a deferral, or a reduction to a less serious charge.
Frequently Asked Questions
What if the alleged victim doesn’t want to press charges?
The alleged victim does not control the charging decision, the prosecutor does. Washtenaw County follows a no-drop approach to domestic violence cases, meaning the prosecution will typically proceed even if the alleged victim asks that charges be dropped, recants their statement, or refuses to cooperate. The prosecutor can subpoena the alleged victim to testify and can use prior statements, 911 recordings, and medical evidence even without the alleged victim’s participation. This is why having an attorney from the very start, before any witness statements are solidified, is so important.
Will I lose my gun rights if convicted of domestic violence?
Yes. Under federal law (18 U.S.C. ยง 922(g)(9)), anyone convicted of a misdemeanor crime of domestic violence is prohibited from possessing firearms for life. This federal prohibition applies even to misdemeanor domestic violence convictions, not just felonies. If you own firearms or have a CPL, a domestic violence conviction results in their permanent loss. This is one of the most serious and lasting collateral consequences of even a first-offense domestic violence conviction.
Can the charge be deferred or dismissed for a first offense?
Possibly. Michigan’s domestic violence deferral statute (MCL 769.4a) allows certain first-time offenders to have their case deferred and ultimately dismissed upon successful completion of conditions, typically including counseling, no further violations, and a probationary period. Not every case qualifies, and the deferral option is not available if the alleged victim objects. Whether this is the right strategy also depends on the specific facts of the case. Chris evaluates eligibility and discusses the tradeoffs of deferral versus contesting the charge outright.
I was served with a PPO. What can I do?
A personal protection order can be challenged. You have the right to request a hearing before a judge to contest the basis for the PPO. At that hearing, the petitioner must demonstrate that there are grounds for the order. If the PPO was issued in connection with a pending domestic violence charge, the two proceedings are separate and must be handled with an understanding of how each might affect the other. Chris handles PPO hearings and can advise you on your options for modification or termination of the order.
Does Washtenaw County prosecute domestic violence aggressively?
Yes. The Washtenaw County Prosecutor’s Office takes domestic violence cases seriously and prosecutes them consistently. These cases are handled by experienced prosecutors who work regularly with victim advocacy organizations. That does not mean every charge is well-founded or that every case results in conviction, but it does mean that mounting a credible defense requires an attorney who understands how these cases are built and where they are vulnerable.
Your first consultation is free and completely confidential. Call (734) 335-0810 or contact us online to speak directly with Chris.