● Available 24/7Arrested over the holidays? Read what happens nextHoliday OWI arrest? Start here2675 44th St SW #208, Wyoming, MI 49519
SHShawn HaffCriminal Defense Attorney
Call 616-438-6719Call Now
Call 616-438-6719

Michigan Legal Resource Library

Michigan Domestic Violence Law: The Complete Guide

A free, fully cited reference to Michigan domestic violence law: the charges, penalties, court process, protection orders, defenses, gun and family consequences, and where to get help.

If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.[1] Michigan's statewide VOICES4 hotline takes calls and texts at 855-864-2374.[2][3] Local agencies are listed in Where to get help.

This is a reference library on Michigan domestic violence law, written for anyone who needs to understand it: a person who has been arrested or served with an order, a person seeking protection, a witness, or a family member trying to work out what happens next. Every statement of law in it is footnoted to the statute, court rule, court decision or official publication it comes from, and each page lists its sources at the end so you can read them yourself.

The library is organized the way a case unfolds. Part 1 explains what the law says. Part 2 follows the process from the police call through court, sentencing, protection orders and the consequences that last after a case ends. Part 3 has checklists, decision guides, county-by-county court information and places to get help.

Michigan domestic violence law in brief

How common is it?

The Michigan State Police recorded 67,958 domestic violence incidents in 2025.[13] That figure covers a wide set of family and household relationships, not only spouses and dating partners, so it is not a count of intimate partner violence.[14] The numbers, what they measure and how they have been revised are set out in Michigan domestic violence statistics.

How this library is kept accurate

Each page was written from the text of the Michigan Compiled Laws, the Michigan Court Rules and Rules of Evidence, the Model Criminal Jury Instructions, the Michigan Judicial Institute's benchbooks, federal statutes and decisions, and official state data, as they stood on the review date shown at the top of the page. Where those sources do not answer a question, the page says so instead of guessing. Several widely repeated claims turn out not to match the current law, and Twelve myths about Michigan domestic violence cases and Recent changes to Michigan domestic violence law collect them.

Part 1

Understand the Law

What Michigan law actually says: the crimes, the definitions, the penalties, and the terms police, prosecutors and judges use.

The basics

Start here if the words "domestic violence charge" are new to you.

Part 3

Decide and Act

Checklists, decision guides, court-by-court information and where to find help, for people accused, people seeking protection, and their families.

Common questions about Michigan domestic violence law

Is domestic violence a specific crime in Michigan?

No. "Domestic violence" is not itself the name of a crime in Michigan; it describes offenses committed within certain relationships.[4] The central assault charge is domestic assault under MCL 750.81(2), which applies when the people involved are spouses or former spouses, have or have had a dating relationship, have had a child in common, or are residents or former residents of the same household.[5]

Can the victim drop domestic violence charges in Michigan?

No. The prosecuting attorney alone decides whether to prosecute, and a judge may not dismiss a case because the complaining witness does not want it prosecuted.[7][8] A case may also be able to go forward without the alleged victim's testimony.[15]

Do Michigan police have to arrest someone on a domestic violence call?

The arrest statute, MCL 764.15a, says an officer "may" arrest without a warrant; it authorizes arrest and does not mandate it.[16] State law does require every police agency to have a written domestic violence policy emphasizing that, in most circumstances, an officer should arrest when there is probable cause.[17]

Is there a 20-hour hold after a domestic violence arrest in Michigan?

The current statute contains no 20-hour figure.[18] What it says is that a person arrested without a warrant for domestic assault cannot be released by police on a station-house bond and is held until arraigned or until a judge or magistrate sets bond.[19]

Does a domestic violence conviction affect gun rights in Michigan?

Yes. Since February 13, 2024, Michigan law bars a person convicted of a misdemeanor involving domestic violence from possessing firearms or ammunition until eight years after all fines are paid, any imprisonment is served and probation is completed.[20][21][22] Federal law imposes its own restriction, covered in the firearm guides in this library.

Can a Michigan domestic violence conviction be expunged?

A misdemeanor domestic assault conviction can be set aside by application, but the waiting period is five years, not three.[23] These convictions are excluded from Michigan's automatic set-aside process.[24]

Who can I call for help right now?

In an emergency call 911. The National Domestic Violence Hotline is 1-800-799-7233.[1] Michigan's statewide VOICES4 hotline takes calls and texts at 855-864-2374.[2][3]

Sources

  1. National Domestic Violence Hotline, thehotline.org (home page) — National Domestic Violence Hotline
  2. State of Michigan, VOICES4 Hotline — Domestic Violence page — State of Michigan
  3. MCEDSV, Hotline page — mcedsv.org
  4. People v Wilson, 265 Mich App 386, 393 (2005) — Michigan Judicial Institute, Domestic Violence Benchbook
  5. MCL 750.81(2) — Michigan Legislature
  6. M Crim JI 17.2; M Crim JI 17.15; M Crim JI 17.16 — Michigan Courts
  7. People v Williams (Anterio), 244 Mich App 249, 253–254 (2001) — Michigan Judicial Institute, Domestic Violence Benchbook
  8. People v Williams (Anterio), 244 Mich App 249, 251, 253–254 (2001) — Michigan Courts
  9. MCL 769.4a(5) — Michigan Legislature
  10. MCR 3.707(A)(1)(b); MCL 600.2950(13); MCL 600.2950a(13) — Michigan Courts
  11. MCL 722.23(k) — Michigan Legislature
  12. MCL 722.23; MCL 722.25(1); DVBB §8.4(A)(1) — Michigan Legislature
  13. Michigan State Police, Crime in Michigan dashboard, Domestic Violence tab, "Domestic Violence Incidents, Offenders, and Vicitms by Year" (frozen data 2021–2025) — Michigan State Police
  14. Michigan State Police, Crime in Michigan dashboard, Domestic Violence tab — Michigan State Police
  15. People v Williams (Anterio), 244 Mich App 249, 254 (2001); MRE 804(a)(5) — Michigan Judicial Institute, Domestic Violence Benchbook
  16. MCL 764.15a — Michigan Legislature
  17. MCL 776.22(1), (3)(b)(i) — Michigan Legislature
  18. MCL 780.582a(1) — Michigan Legislature
  19. MCL 780.582a(1)(a) — Michigan Legislature
  20. MCL 750.224f(5) — Michigan Legislature
  21. MCL 750.224f(5)(a)–(c) — Michigan Legislature
  22. MCL 750.224f (History); 2023 PA 201 — Michigan Legislature
  23. MCL 780.621d(2)-(3); MCL 780.811(1)(a)(i)-(ii); MCL 780.621(1)(b); MCL 780.621c(1) — Michigan Legislature
  24. MCL 780.621g(10) — Michigan Legislature

This library is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and does not create an attorney-client relationship. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.

Facing charges? Don’t wait. Call now.

The sooner I’m involved in your case, the more options I have to protect you. The consultation is free, and I answer 24/7.