Yes, there is a Statue of Limitations on Domestic Violence in Michigan! Watch this video to find out what it is.
Thanks for watching this informative video! If you have any questions, please contact me now at 616-438-6719. The call is free and I will be happy to talk with you about your case!
The Answer: Six Years
Michigan gives prosecutors six years from the date of the alleged offense to bring a domestic violence charge. That comes from MCL 767.24, which sets the general limitation period for most Michigan crimes, including domestic assault. Miss it and the charge is subject to dismissal.
The Part That Trips People Up: Tolling
The six years do not simply run on a calendar. The limitation period is tolled — paused — for any period during which you are not usually and publicly a resident of Michigan. If you moved to Florida for three years, those three years generally do not count.
So a person who assumes an eight-year-old allegation is dead can be wrong. If you have been told an old case is being reviewed, do not rely on your own arithmetic.
Delay Is Not a Bar — But It Is Often a Defense
An old case that gets filed inside the window is still a real prosecution. It is also, frequently, a weak one, and the delay itself becomes the defense:
- No physical evidence. Photographs were never taken, injuries healed years ago, and there is nothing to corroborate the account.
- Memory. Witnesses who could have described that evening cannot now, and neither can the complaining witness with any precision.
- Records are gone. Phone records, messages, and even some police recordings do not survive years of retention schedules.
- Motive. Ask why now. In my experience a years-old domestic allegation that surfaces for the first time during a divorce, a custody dispute, or an immigration matter usually has a reason for its timing — see false allegations.
Where a delay has genuinely damaged your ability to defend yourself, there may also be a due process argument for dismissal based on pre-arrest delay. That is fact-specific and it has to be developed early.
What to Do If You Have Been Contacted About an Old Incident
A detective calling to "get your side" of something from years ago is building a case, not resolving one. Do not give a statement. Politely decline and call me. Anything you say fills in gaps that the passage of time had left in the prosecution's favor. See what to do if you are accused of domestic violence, and for the full picture of these charges, my Grand Rapids domestic violence defense guide.
Frequently Asked Questions
How long does Michigan have to file domestic violence charges?
Six years from the date of the alleged offense. MCL 767.24 sets a six-year limitation period for domestic assault, which is also the general limitation period for most Michigan offenses. A charge filed after that window has closed is subject to dismissal.
Does the statute of limitations stop running if I leave Michigan?
Yes. The limitation period is tolled — paused — for any period you are not usually and publicly a resident of Michigan. Time spent living out of state does not count toward the six years, so an old allegation is not automatically time-barred just because six calendar years have passed.
Can I be charged with domestic violence years after the incident?
Yes, as long as the case is filed inside the limitation period. It happens more often than people expect — an allegation surfaces during a divorce or custody dispute, or a complaining witness goes to police long after the fact. Delay is not a bar to prosecution, but it is very often a defense, because memories fade, physical evidence is gone, and inconsistencies multiply.
Talk to Me Before You Talk to Anyone Else
I am Shawn Haff, and I defend domestic violence cases across Kent, Ottawa, Allegan, Barry, Ionia, Muskegon, Newaygo, and Van Buren counties. The call is free, I answer my own phone, and the earlier I am involved the more options you have. Call 616-438-6719 or send me a message.