What Evidence Is Used in a Michigan Domestic Violence Case

The evidence offered in a Michigan domestic violence case falls into a few categories: what the people involved said at the time (to a 911 operator, to an officer, to a nurse), what was recorded (body camera video, photographs, text messages), what witnesses say in court, and sometimes what the accused person is said to have done on other occasions. Whatever the mix, the prosecutor must prove each element of the crime beyond a reasonable doubt, and the defendant is not required to prove innocence or to do anything.^[1]

This page is a map. It describes each kind of evidence in a few lines, names the rule that governs it, and points to the guide that covers it in depth.

What does the evidence have to prove?

For a charge of domestic assault, the model jury instruction has two elements: that the defendant assaulted, or assaulted and battered, the complainant, and that the two had one of the listed relationships, such as spouse, former spouse, a child in common, a shared household, or a dating relationship.^[7][8] An injury is not an element. An assault does not have to cause an actual injury, and for a battery it does not matter whether the touching caused an injury.^[9] Injury becomes an element for aggravated domestic assault, where the prosecutor must also prove a serious or aggravated injury.^[10]

Jurors are told that proof beyond a reasonable doubt is proof that leaves them firmly convinced of the defendant's guilt, and that a reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence.^[11] The elements themselves are covered in Domestic assault under MCL 750.81 and Can you be charged without an injury?

The three questions asked about almost every exhibit

The Domestic Violence Benchbook describes three issues that commonly arise when a recording is offered at trial: authentication, hearsay, and relevance weighed against unfair prejudice.^[12] The same three questions come up for most other exhibits.

1. Is it what the party says it is? To authenticate an item, the party offering it must produce evidence sufficient to support a finding that the item is what the party claims it is.^[13]
2. Is it hearsay? Hearsay is an out-of-court statement offered to prove the truth of what it asserts, and it is not admissible unless the rules provide otherwise.^[14]
3. Is it relevant, and is it unfairly prejudicial? Evidence is relevant if it has any tendency to make a fact of consequence more or less probable.^[15] A court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, or misleading the jury, among other things.^[16]

In a criminal case there is a fourth question for statements made by someone who does not testify: the Sixth Amendment right of confrontation. Out-of-court statements are not exempt from confrontation merely because they come within a hearsay exception.^[3]

The main kinds of evidence, and where each is explained

Evidence	Main rule or authority	Guide
911 recordings	Michigan appellate courts have upheld admission of 911 tapes as present sense impressions and excited utterances.[12]	911 calls as evidence
Body camera video	An agency must retain a recording that is the subject of an ongoing criminal investigation or prosecution until the proceeding is complete.[17]	Body camera footage
The complaining witness's statement to an officer	MCL 768.27c is a statutory hearsay exception for a statement describing the infliction or threat of physical injury on the person making it.[18]	Statements to police under MCL 768.27c
Other acts by the defendant	MCL 768.27b allows other acts of domestic violence to be admitted for any relevant purpose, subject to Rule 403.[19]	Prior acts of domestic violence
Any out-of-court statement by a witness who does not testify	A testimonial statement may be used only if the witness is unavailable and the defendant had a prior opportunity to cross-examine.[20]	Hearsay and the right to confront your accuser
Texts, social media, phone records	Courts deciding whether an account or post is authentic are to be mindful of fake accounts, hacked accounts and deep fakes.[21]	Texts, social media and phone records
Photographs and medical records	A photograph is admitted on testimony from someone familiar with what it shows that it is accurate; the photographer need not testify.[22]	Photographs and medical records
Evidence of strangulation	The statute defines strangulation as intentionally impeding normal breathing or circulation of the blood by pressure on the throat or neck or by blocking the nose or mouth.[23]	Proving or disputing strangulation
Expert witnesses	An expert may explain general characteristics of intimate partner violence but may not say that the complainant is truthful or that the defendant is guilty.[24]	Expert witnesses on domestic violence
A spouse's testimony	The spousal privilege does not apply in a case that grows out of a personal wrong or injury done by one spouse to the other.[25]	Spousal privilege in Michigan
Polygraph tests	Results, and whether a test was taken, offered or refused, are inadmissible at trial.[6]	Polygraph tests

Testimony in court is still the starting point

Live testimony is tested by cross-examination. Any party, including the party that called a witness, may attack that witness's credibility.^[26] That matters when a witness's account in court differs from what the witness said earlier. An earlier unsworn statement that conflicts with the testimony can be used to judge credibility, but it is generally not substantive evidence unless a hearsay exception applies.^[27] An earlier inconsistent statement given under penalty of perjury at a hearing, such as a preliminary examination, is treated differently and may be used as proof of the facts when the witness testifies and is cross-examined about it.^[28] The details are in Recanting: when the accuser changes the story.

The defendant's own words are a separate category. A statement offered against a party that the party made is not hearsay.^[29] Whether statements to officers were lawfully obtained is a different question, covered in Should you talk to police? and Motions to suppress evidence.

When the complaining witness is not in court

The Domestic Violence Benchbook observes that in cases involving allegations of domestic violence the complaining witness is sometimes unavailable to testify, and that the prosecutor may then seek to admit the witness's earlier testimony or other statement as substantive evidence.^[2] The routes include a statement to police under MCL 768.27c, which has no unavailability requirement, and testimony from the preliminary examination, which can be used at trial if the witness is unavailable and was subject to cross-examination.^[30][31]

None of these routes is automatic. Each has its own requirements, and a testimonial statement from a witness who does not testify still faces the confrontation rule.^[20] See When the victim does not come to court.

Two statutes that changed in 2025

Michigan has two evidence statutes aimed at domestic violence prosecutions, and both were amended effective April 2, 2025.^[4][5] As of October 2026, MCL 768.27b covers criminal actions in which the defendant is accused of an offense involving domestic violence, sexual assault, or a violation of the prostitution or human trafficking chapters of the penal code.^[19] MCL 768.27c now carries a statutory definition of "infliction or threat of physical injury" that reaches beyond a physical blow, for example to threats to harm or restrain any individual.^[32] Articles written before April 2025 will not reflect either change.

Notice deadlines: when the defense learns what is coming

Evidence	Notice the prosecutor gives
Other acts of domestic violence under MCL 768.27b	Disclosure not less than 15 days before the scheduled date of trial, or later if the court allows for good cause[33]
A statement to police under MCL 768.27c	Disclosure not less than 15 days before the scheduled date of trial, or later if the court allows for good cause[34]
Other-acts evidence under Rule 404(b)	Written notice at least 14 days before trial, unless the court excuses pretrial notice for good cause[35]
Certified business records such as hospital records	Reasonable written notice before the trial or hearing, with the record and certification made available for inspection[36]

Separately, each side must comply with a discovery request within 21 days unless the court orders otherwise, and there is a continuing duty to disclose.^[37] What can be requested is explained in Discovery in Michigan domestic violence cases.

What people get wrong about evidence

• "It is one person's word against another's, so there is no case." Testimony is evidence. The question for the jury is whether the proof leaves it firmly convinced.^[11]
• "No injury, no charge." An assault does not have to cause an actual injury.^[9]
• "Anything said to police can be read to the jury." MCL 768.27c has five requirements, all of which have to be met.^[38] Statements given at the scene after the emergency was over were held testimonial in Hammon v Indiana.^[39]
• "A lie detector test will clear this up." Polygraph results are inadmissible at trial.^[6]

For how the evidence is presented in the courtroom, step by step, see What happens at a domestic violence trial.