Charged Later: Domestic Violence Warrants and Summonses in Michigan

Yes, a person can be charged with domestic violence in Michigan without having been arrested at the scene. The police report goes to the prosecuting attorney within 48 hours after the incident is reported, and if the prosecutor approves a complaint and a judge or magistrate finds probable cause, the court issues either an arrest warrant or a summons.^[1][8][9]

This page explains how those two documents differ, how each reaches the person charged, and what to expect at the arraignment that follows.

Why would charges come later?

Officers are authorized, not required, to arrest for domestic assault.^[10] A person may have left before police arrive, officers may not find reasonable cause at the scene, or they may not arrest because they have reasonable cause to believe a person acted in lawful self-defense.^[10][11] In each case the paperwork continues:

• The officer must prepare a domestic violence report, and agency policy must provide for a written report whether or not an arrest is made.^[12][13]
• The agency must file a copy with the prosecuting attorney within 48 hours after the incident is reported.^[1]
• The prosecutor alone decides whether to prosecute.^[2]

The prosecutor's decision is not on a short clock. The general limitations period for domestic assault is 6 years after the offense.^[14] The steps in between are laid out in Who decides whether charges are filed?

What has to happen before a warrant or summons issues?

Three things. First, a complaint: a written accusation that a named or described person committed a specified offense.^[15] Second, the prosecutor's sign-off: a judge or magistrate may not issue a warrant or summons for an offense other than a minor offense unless a written authorization signed by the prosecuting attorney is filed, or security for costs is filed.^[16] Third, a judicial finding of probable cause that the accused committed the offense, which may be based on hearsay and on the allegations in the complaint, affidavits or sworn testimony.^[9]

Warrant or summons: which one?

Under MCL 764.1a(2), as amended effective April 1, 2021 and February 13, 2024, a magistrate must issue a summons rather than a warrant unless a listed circumstance applies.^[17] A complaint for an offense involving domestic violence is one of the listed circumstances.^[17]

	Summons	Arrest warrant
What it does	Summons the defendant to appear before a court at a stated date and time.[4]	Commands a peace officer to arrest the person accused and take that person, without unnecessary delay, before a magistrate.[18]
When it is used	The default: a court must issue a summons unless an exception applies.[3]	Allowed when the complaint is for an assaultive crime or an offense involving domestic violence, when there is reason to believe the person will not appear, when a summons poses a risk to public safety, or when the prosecutor has requested a warrant.[3]
How it arrives	Delivered personally, left at the defendant's home with a person of suitable age and discretion who lives there, or mailed to the last known address.[4]	Executed by a peace officer, who is commanded to arrest the person.[18]
If ignored	A warrant may be issued.[4]	The command to arrest stands; the statutes cited here set no date on which a warrant lapses.[18]

The exception says a court "may" issue a warrant in a domestic violence case; it does not say the court has to.^[3] So either document is possible, and the choice varies with the court, the prosecutor's request and the facts alleged. In this statute "domestic violence" carries the definition in MCL 400.1501.^[17]

If you receive a summons

A summons directs the defendant to appear at a stated date and time, and the statute allows it to be served by mailing it to the defendant's last known address.^[4] A summons sent to an old address can therefore go unseen, and a warrant may be issued if the defendant does not appear in response.^[4]

One protection that applies to most missed court dates does not apply here. The court rule that ordinarily makes a court wait 48 hours before issuing a bench warrant, so the defendant can come in voluntarily, does not apply to a domestic violence offense.^[6] If the defendant was already on bond, failing to comply with release conditions can lead to an order revoking release and forfeiting bail.^[19]

The useful steps are practical ones: read the summons for the court, date, time and charge; confirm the date with the court clerk; and arrange for a lawyer before the hearing. See How to prepare for an arraignment.

If there is a warrant

A person may learn of a warrant from a call or visit by an officer, from a letter, or by being arrested during an unrelated police contact. A lawyer or the district court clerk's office can be asked whether one exists.

Two rules shape what happens on arrest or surrender:

• The hold applies to warrant arrests too. A person arrested with a warrant for a violation of MCL 750.81 or 750.81a who is a spouse or former spouse of the victim, has or has had a dating relationship with the victim, has had a child in common with the victim, or resides or has resided in the same household may not be released on a police interim bond or on personal recognizance by police. The person is held until arraignment or until a judge or district court magistrate sets interim bond.^[5][20]
• The voluntary-appearance statute does not cover domestic violence. For most offenses, a person who voluntarily goes to the court that issued a warrant within 1 year must be arraigned if a judicial officer is available within 2 hours, with a presumption that the person is not a flight risk, or the court must recall the warrant and set a new date. That section excludes cases in which the person is alleged to have committed an assaultive crime or an offense involving domestic violence.^[21] The matching court rule has the same exclusion.^[7]

The exclusion removes a guarantee. It does not stop anyone from surrendering, and an arrested person still must be arraigned without unnecessary delay.^[22] Appearing when the court is in session can shorten the wait for a judge or magistrate, but nothing in these rules promises a same-day release. How the hold works is explained in How long are you held after an arrest?

A warrant from another county raises one more rule. For most offenses, a person detained on another county's warrant must be released if that county does not arrange pickup within 48 hours and collect the person within 72 hours, but that rule excludes cases alleging an assaultive crime or an offense involving domestic violence.^[23]

Arraignment on the warrant or summons

Whichever document started the case, the first hearing is the arraignment. In a misdemeanor case in district court, the defendant must be informed of the name of the offense, the maximum sentence permitted by law, and the rights to the assistance of an attorney at all court proceedings, to an appointed attorney when eligible, and to a trial.^[24] An indigent defendant has a right to an appointed attorney whenever the offense charged requires a minimum jail term on conviction or the court determines it might sentence to a term of incarceration, even if suspended.^[25]

The court then decides release. It must order that the defendant be held, released on personal recognizance or an unsecured appearance bond, or released conditionally with or without money bail.^[26] Conditions can include no contact with a named person and not entering specified premises.^[27] See The domestic violence arraignment, Bond conditions and The right to a lawyer.

Before the arraignment: two cautions

Talking to investigators. When no one was arrested, a detective may call to "get your side." Anything said can be used in court, and Miranda warnings are required only for custodial interrogation, so a voluntary phone call or interview may come with no warnings at all.^[28][29] See Talking to the police: your rights at the scene and after.

Contacting the complaining witness. Reaching out to persuade the other person to change a statement or stay away from court is dangerous ground. Threatening a complaining witness in a criminal case may be punished as contempt of court, and the Domestic Violence Benchbook flags witness tampering under MCL 750.122 as a possible separate crime.^[30] See Witness tampering and pressuring a victim not to testify.

What people get wrong

"They did not arrest me that night, so there is no case." The report still went to the prosecutor, and the general time limit for a domestic assault charge is 6 years.^[1][14]

"A summons in the mail is just a notice." It is a summons to appear at a stated date and time, and a warrant may be issued if the defendant does not appear.^[4]

"If I walk into court on my own, they have to let me go the same day." The statute that guarantees quick handling of voluntary appearances excludes domestic violence cases.^[21]

"I can post bond at the police station when I turn myself in." Not on a domestic assault warrant involving a listed domestic relationship; a judge or district court magistrate sets the bond.^[5]