Domestic Violence in Michigan

A plain-language look at a Michigan domestic violence (domestic assault) charge: who the law covers, being held until arraignment, the no-contact bond condition, the first-offender deferral, firearm consequences, and what to gather and avoid.

What happens after a domestic violence arrest in Michigan?

After a domestic assault arrest, you usually cannot post a standard bond at the station. The law requires that you be held until arraignment or until a judge or magistrate sets bond. When bond is set, the court must consider a no-contact order, and breaking a condition can lead to arrest without a warrant.

Who does Michigan's domestic violence law cover?

It covers an assault or assault and battery against a spouse or former spouse, a current or former dating partner, or a current or former household member.

Michigan's domestic violence law is part of the assault and battery statute, MCL 750.81. It applies when the person accused of an assault or assault and battery has a certain relationship with the other person, including:

A spouse or former spouse
Someone they are dating or used to date
Someone who lives or used to live in the same household

An injury is not required. The charge is about an assault or an unwanted, intentional touching.

A first offense is a misdemeanor with up to 93 days in jail, a fine of up to $500, or both. With one prior domestic assault conviction, it becomes a misdemeanor with up to 1 year in jail and a fine of up to $1,000. With two or more prior convictions, it becomes a felony with up to 5 years in prison.

This guide is written for people with cases in Downriver (Wayne County), Monroe County, and elsewhere in Michigan.

The Arrest and Being Held Until Arraignment

Domestic violence cases are handled differently from many other misdemeanors from the very start. Michigan law allows an officer to arrest without a warrant, even if the officer did not see what happened, when there is reasonable cause to believe a domestic assault occurred.

After a domestic assault arrest, you usually cannot simply post a standard bond at the police station and leave. The law requires that you be held until you can be arraigned, or until a judge or district court magistrate sets bond. When bond is set, the judge or magistrate must consider ordering you to have no contact of any kind with the other person.

This can mean time in custody before you see a judge. Use that time to stay calm and avoid discussing what happened with anyone, including on jail phones.

Arraignment and the No-Contact Bond Condition

Your first court date is the arraignment, in the district court where the incident happened, such as the 1st District Court in Monroe County or one of the district courts in Downriver (Wayne County). Under the Michigan Court Rules, the court must tell you:

The charge and the maximum sentence the law allows
Your right to a lawyer at every court date, including the arraignment, and to a trial, including a jury trial when the law provides one
Your right to an appointed lawyer if you cannot afford one and jail is possible

The court also sets your release terms, such as bond and any conditions.

In domestic violence cases, the court can order protective conditions to keep you away from a named person. These often include no contact of any kind, which can mean no calls, texts, social media messages, or messages passed through other people, and staying away from the other person's home or work. The court can also order that you not buy or possess a firearm.

If you break a condition, you can be arrested without a warrant and your bond can be revoked, even if the other person contacts you first. Only the court can change the order. If you share a home, ask your lawyer about a change or retrieving belongings.

Can a first domestic violence charge be dismissed in Michigan?

If you have no prior assaultive conviction and the prosecutor consents, the court may defer the case under MCL 769.4a and dismiss it after you complete probation, but you can use this deferral only once.

Michigan has a deferral program for a first domestic assault. Under MCL 769.4a, if you have no prior conviction for an assaultive crime and have never used this deferral before, the court may defer your case and place you on probation instead of entering a conviction. It requires:

Your agreement and a guilty plea, or a finding of guilt
The prosecutor's consent, after the prosecutor consults with the other person

Probation can include counseling and other conditions. The court must enter a conviction if you commit a new assaultive crime, violate an order to get counseling, or violate a no-contact order while on probation.

If you complete probation, the case is dismissed without a conviction, and the record is not public. But you can use this deferral only once, and it still counts as a prior offense if you are charged with domestic assault again.

Depending on your age, HYTA (MCL 762.11) may also apply. Delayed sentencing under MCL 771.1 is another option the court can consider.

Can I own a gun after a domestic violence conviction in Michigan?

A Michigan misdemeanor domestic violence conviction bars firearms until 8 years after you finish your sentence, and federal law adds its own ban, which usually has no end date.

A domestic violence conviction can affect your right to own guns under both Michigan and federal law.

Michigan law: a person convicted of a misdemeanor involving domestic violence may not possess, carry, buy, or sell a firearm or ammunition until 8 years after paying all fines, serving all jail time, and finishing probation. Violating this is a felony with up to 5 years in prison.
Federal law: a person convicted of a misdemeanor crime of domestic violence may not possess a firearm or ammunition. The federal ban has no end date, except in limited cases, such as one conviction involving a dating partner, where it can end after 5 years if conditions are met.

Under Michigan law, a completed first-offender deferral is not a conviction for the legal disabilities that follow a conviction. How federal law treats a Michigan deferral is not settled. Bond conditions can also bar firearms while the case is open.

If you hunt, own firearms, or work in a job that requires carrying one, raise this with your lawyer early. How a plea or a deferral affects your firearm rights is a question to answer before you decide how to resolve the case.

What to Gather, What to Avoid, and the Bottom Line

Keep everything in one folder: your bond paperwork and a list of every condition, any charging papers or citations, your court notices, and any photos, messages, or other records related to the incident. Write your own notes about what happened while your memory is fresh, and share them only with your lawyer.

What not to do:

Do not talk about your case on social media.
Do not discuss the details with anyone except your lawyer. Conversations with friends, family, or the police are not confidential.
Do not contact the other person in any way if your bond says no contact, even if they reach out to you.
Do not ask anyone to pass along messages for you.
Do not keep firearms if your bond conditions prohibit them.
Do not miss court. A missed date can lead to a bench warrant.

A domestic violence case moves fast at the start, and the bond conditions affect your home, your family relationships, and your firearms right away. Follow every condition exactly, and get answers about your own situation early from a local attorney.

How I Can Help

If you are facing a domestic violence charge in Downriver (Wayne County), Monroe County, or nearby, I can review your paperwork, explain the process and your options, and represent you in court.

Call (734) 775-9327 or use my contact form for a free consultation.

This guide is general information about Michigan law, not legal advice. Laws change, and every case is different. Reading this page does not create an attorney-client relationship.