Domestic Violence Defense in Michigan: An Accusation Is Not a Conviction.
Michigan law requires police to make an arrest in domestic situations regardless of who calls for help. A single accusation, with or without physical evidence, can result in mandatory jail, a no-contact order, and a permanent criminal record. We intervene early and fight hard.
Michigan Domestic Violence: What Changes When It’s a Household Member
Domestic violence in Michigan is not a separate crime — it is an assault or battery committed against a spouse, former spouse, dating partner, cohabitant, or shared-child co-parent. That relationship designation triggers arrest-oriented police response policies, harsher sentencing on repeat offenses, and federal firearms disabilities that don’t apply to ordinary assault charges.
False accusations are common in contentious divorce and custody proceedings. We investigate the context surrounding the allegation, document communications between the parties, and build a defense that exposes the motive to lie before the prosecution constructs its narrative around the complainant’s account alone.
Charges We Defend
- Domestic assault / domestic battery
- Aggravated domestic assault
- Domestic assault with a dangerous weapon
- Stalking / cyberstalking
- Violation of a personal protection order (PPO)
- Domestic assault with strangulation
- Child abuse in a domestic context
What’s at Stake
- Arrest at the scene is common under police policies, even without visible injury
- Immediate no-contact order separating you from family
- Federal lifetime firearm prohibition after conviction
- Enhanced penalties for repeat offenses
- Loss of custody or parenting time
- Deportation risk for non-citizens
Domestic Violence Penalty Tiers
- First domestic assault: Up to 93 days, misdemeanor
- Second domestic assault: Up to 1 year, misdemeanor
- Third or subsequent offense: Up to 5 years, felony
- Aggravated domestic assault: Up to 1 year, misdemeanor (first)
- Domestic assault with strangulation: Up to 10 years, felony
Our Domestic Violence Defense Strategies
False Allegation Defense
Domestic violence accusations routinely arise during custody battles and divorce proceedings. We document the timeline, expose the custody motive, and present evidence that the allegation appeared only after a contested legal development.
Self-Defense
When both parties were involved in a physical altercation, the person who calls police first is often the one who is not arrested. We establish who was actually the aggressor and build a self-defense record that reflects what really happened.
Inconsistent Statements
Complainants in domestic cases often give different versions of events to police, the hospital, friends, and family. We compile every statement, depose the complainant under oath, and expose the inconsistencies at the earliest pretrial stage.
PPO Challenge and Modification
A personal protection order can remove you from your home and prevent contact with your children. We move quickly to challenge emergency PPOs, request hearings to present your side, and seek modifications that protect parenting rights while the criminal case proceeds.
Domestic Violence Defense Questions Answered
My partner called to drop the charges. Will the case be dismissed?
Not automatically. The prosecution has the authority to proceed even when the complaining witness refuses to testify or asks for dismissal. Prosecutors often subpoena reluctant complainants or proceed on physical evidence and the arresting officer's report alone. However, a non-cooperative complainant substantially weakens the case, and we use that to push for dismissal or a favorable plea. Your partner should not contact the prosecutor directly without guidance from an attorney.
Can a domestic violence conviction be expunged in Michigan?
Yes, under Michigan's Clean Slate Act, most misdemeanor domestic violence convictions may be expunged after a waiting period, provided you have no subsequent convictions. However, certain assault offenses involving serious injury or strangulation may be excluded. We evaluate your eligibility carefully and, when possible, structure any plea in a way that maximizes your chances of expungement in the future.
Will a domestic violence conviction affect my custody case?
Yes. Michigan family courts treat a domestic violence conviction as strong evidence of conduct that may harm a child's environment. It can result in supervised parenting time, loss of joint legal custody, and in serious cases, a temporary suspension of parenting time. Defending the criminal charge vigorously — and ideally obtaining a dismissal or acquittal — is the most important thing you can do to protect your parental rights.
I violated a no-contact order. What happens now?
Violating a no-contact order or personal protection order is a separate criminal charge, typically a misdemeanor carrying up to 93 days, with felony enhancement for subsequent violations or violations involving force. Courts take these violations seriously because they undermine the protection order system. If you are accused of a violation, do not communicate with the protected party and call us immediately — we can address both the underlying case and the violation together.
Speak With an Ann Arbor Defense Lawyer
A confidential conversation early on preserves every available option. Do not speak to investigators without counsel.