Crime Victims' Rights in Michigan Domestic Violence Cases

Crime victims in Michigan have rights under the state Constitution and under the William Van Regenmorter Crime Victim's Rights Act, MCL 780.751 and the sections that follow.^[1][2] In a domestic violence case those rights include notice of what is happening, a chance to confer with the prosecutor, the right to attend court, the right to speak at sentencing, and restitution.^[1]

If you are in danger, call 911. The National Domestic Violence Hotline is free, confidential and open 24/7: call 1-800-799-SAFE (7233) or text START to 88788.^[7] Michigan's statewide VOICES4 hotline takes calls and texts at 855-864-2374.^[8][9]

Where do the rights come from?

Article 1, section 24 of the Michigan Constitution lists nine rights of crime victims:^[1]

• To be treated with fairness and respect for their dignity and privacy throughout the criminal justice process.^[1]
• To timely disposition of the case following arrest of the accused.^[1]
• To be reasonably protected from the accused throughout the criminal justice process.^[1]
• To notification of court proceedings.^[1]
• To attend trial and all other court proceedings the accused has the right to attend.^[1]
• To confer with the prosecution.^[1]
• To make a statement to the court at sentencing.^[1]
• To restitution.^[1]
• To information about the conviction, sentence, imprisonment and release of the accused.^[1]

The Crime Victim's Rights Act carries those rights out in three articles: one for felonies, one for juvenile cases, and one for "serious misdemeanors" committed by people 18 or older.^[2] The definition of serious misdemeanor includes assault and battery under MCL 750.81, "including domestic violence," and aggravated assault under MCL 750.81a, "including aggravated domestic violence."^[2] It also includes stalking under MCL 750.411h, a violation of a local ordinance that substantially corresponds to a listed offense, and a listed offense that was charged as a felony or serious misdemeanor and later reduced or pleaded to as a misdemeanor.^[2][10] That is why a person named as the victim in an ordinary district court domestic assault case has statutory rights, not only people involved in felony cases.

Rights at each stage of the case

Stage	What the law provides
First police contact	Within 24 hours after the initial contact, the investigating agency gives the victim written information: the availability of emergency and medical services, the availability of victim's compensation benefits, the prosecuting attorney's address and telephone number, and how to ask to be notified of an arrest or release.[11]
Arrest and release	Notice of the availability of pretrial release and the sheriff's telephone number, not later than 24 hours after arraignment in a felony case or 72 hours after arrest in a serious misdemeanor case.[12][13]
After arraignment	In a serious misdemeanor case, within 48 hours after receiving the court's notice the prosecutor gives each victim a written notice in plain English of the steps in a misdemeanor case, a specific list of rights, how to tell the prosecutor the victim chooses to exercise them, compensation details, and suggested procedures if threatened.[14]
Plea negotiations	The prosecutor must offer the victim the opportunity to consult about dismissal, plea or sentence negotiations, and pretrial diversion before finalizing any such negotiation.[3][4]
Before trial	On the victim's request, the prosecutor must confer with the victim before trial.[15]
At the courthouse	The court must provide a waiting area separate from the defendant, the defendant's relatives and defense witnesses if available and practical, or other safeguards to minimize contact.[16]
Trial	The right to be present throughout the trial, subject to sequestration for good cause until the victim first testifies.[17][18]
Sentencing	The right to make an impact statement, and a court order for full restitution.[19][20]
After sentencing	On request, notice of an appeal and its result; and notice if the defendant later applies to set aside a serious misdemeanor conviction.[21][22]

Notice: what you are told, and what you have to ask for

Some notices are automatic and some depend on a request. The written information from police within 24 hours of first contact is automatic, and it includes this statement: "If you would like to be notified of an arrest in your case or the release of the person arrested, or both, you should call [the law enforcement agency] and inform them."^[11] Officers responding to a domestic violence call also hand the victim a written notice of rights.^[23]

Several later notices depend on the victim asking. On the victim's request, the prosecutor gives notice of the conviction, the offenses of conviction, the right to make an impact statement, and the time and place of sentencing.^[24] The practical point is to tell the prosecutor's office early that you want to exercise your rights, and to keep your contact details current with that office.

After a prison or jail sentence in a felony case

On the written request of a victim, the sheriff or the Department of Corrections mails notices about a sentenced prisoner, including the earliest release date or earliest parole eligibility date, a transfer to a minimum security facility, an escape, the victim's right to address the parole board, and the parole board's decision.^[25]

The right to be consulted, and its limit

In a felony case, before finalizing any negotiation that may result in a dismissal, plea or sentence bargain, or pretrial diversion, the prosecutor must offer the victim the opportunity to consult and to give the victim's views about the disposition of the case.^[3] The serious misdemeanor article contains the same duty where the defendant has not already pleaded guilty or no contest at arraignment.^[4]

This is a right to be heard. It works in both directions: a victim may say the proposed plea is too lenient, or may say he or she does not want the case prosecuted. Neither view binds the prosecutor, who alone has the authority to decide whether to prosecute.^[5] The Court of Appeals has said that crime victims have not been given authority to determine whether a prosecution should go forward or be dismissed.^[26] See Can the victim drop domestic violence charges? and plea bargains in domestic violence cases.

Protection from threats and intimidation

The prosecutor must give the victim written notice of suggested procedures to follow if the victim is subjected to threats or intimidation.^[27] Based on any credible evidence of acts or threats of physical violence or intimidation by the defendant, or at the defendant's direction, against the victim or the victim's immediate family, the prosecutor may move that the defendant's bond be revoked.^[28]

Judges have tools as well. A judge or district court magistrate may release a defendant subject to conditions reasonably necessary for the protection of one or more named persons.^[29] Those conditions are covered in no-contact orders explained. A separate civil order, the personal protection order, is available from the family division of circuit court.^[30] See personal protection orders explained. Threatening or pressuring a witness is itself a crime, discussed in witness tampering and intimidation.

Privacy: address, phone number and images

• The victim's home address, home telephone number, work address and work telephone number are exempt from disclosure under the Freedom of Information Act.^[6]
• A photograph or other visual representation of the victim, including video and digitally stored images, is exempt from disclosure under that Act.^[31]
• Where the victim reasonably fears violence or intimidation, the prosecutor may ask the court not to compel testimony about the victim's address or place of employment without the victim's consent; the hearing on that motion is held in private.^[32]
• Michigan's Address Confidentiality Program provides an official substitute address and free mail forwarding; applicants apply through a victim advocate or application assistant.^[33]

More on these tools is in address confidentiality and safety tools.

Presence in court

The constitutional right is to attend trial and all other court proceedings the accused has the right to attend.^[1] At trial, a victim who will testify may be sequestered, for good cause shown, until he or she first testifies; the statute says the victim "shall not be sequestered after he or she first testifies."^[18] When a hearing is scheduled to be held by video, a victim may ask to appear in person.^[34] A person with limited English proficiency is entitled to a court-appointed interpreter if needed to meaningfully participate.^[35]

Sentencing: impact statement and restitution

The victim has the right to appear and make an oral impact statement at sentencing, and may choose to give it remotely.^[19] In a serious misdemeanor case the victim may also submit a written statement, and the court must consider the victim's statement in imposing sentence.^[36] See victim impact statements.

Restitution is mandatory. When sentencing for a misdemeanor or a felony, the court must order the defendant to make full restitution to any victim of the course of conduct that gives rise to the conviction.^[37][38] What it covers and how it is collected are explained in restitution in domestic violence cases.

At work

An employer or an employer's agent who threatens to discharge or discipline, or who discharges or disciplines, a victim because the victim is subpoenaed or asked by the prosecutor to attend court to testify is guilty of a misdemeanor punishable by up to 90 days in jail or a fine of up to $500, or both.^[39] Other job and money protections are collected in workplace and financial protections for victims.

Limits and common misunderstandings

The victim is not a party. A criminal case is brought by the People, and an advisory committee of Michigan judges recommends that courts emphasize that the proceedings are between the defendant and the People, not the defendant and his or her partner.^[40] That is recommended practice from the judicial benchbook, not a statute.

Who cannot use the rights. In both the felony and the serious misdemeanor articles, an individual who is charged with an offense arising out of the same transaction as the charge against the defendant is not eligible to exercise victims' rights, and an incarcerated individual is limited to submitting a written statement for the court to consider at sentencing.^[41][10]

A support person on the witness stand. The statutory right to have a support person sit with a witness during testimony is limited to an alleged victim of an offense listed in MCL 600.2163a who is under 16, is 16 or older with a developmental disability, or is a vulnerable adult.^[42][43]

Automated custody notification (MI-VINE). The Michigan Department of Corrections describes MI-VINE as a service that gives automated telephone notifications to registered crime victims and other concerned citizens when a prisoner is released, and it lists a toll-free line, (800) 770-7657.^[44] It is separate from the statutory notices: under the Act, the police agency notifies a victim who has asked, and the victim may call the sheriff at the number provided to find out whether the defendant has been released.^[12][13]

For what testifying involves, see what to expect as a witness; for local advocates, see where to get help in West Michigan.