How Long Are You Held After a Domestic Violence Arrest in Michigan? The "20-Hour Hold" Myth

A person arrested for domestic assault in Michigan is held until he or she can be arraigned or until a judge or district court magistrate sets interim bond.^[2] The statute that says so, MCL 780.582a, contains no number of hours.^[1] A "mandatory 20-hour hold" is often described online, but the current text of the section has no 20-hour figure and no other fixed minimum or maximum time.^[1]

What the statute does is take the release decision away from the police and give it to a judge or district court magistrate.^[2] This page sets out the exact wording, what limits the wait, and what the judge must do when setting bond.

What does MCL 780.582a actually say?

The section is titled "Holding period; protective or release conditions."^[1] Its first subsection reads:

"A person shall not be released on an interim bond as provided in section 1 or on his or her own recognizance as provided in section 3a, but shall be held until he or she can be arraigned or have interim bond set by a judge or district court magistrate if either of the following applies:"^[1]

Two situations follow:

• Arrest without a warrant. The person is arrested without a warrant under MCL 764.15a, the domestic assault arrest statute, or a local ordinance substantially corresponding to it.^[2]
• Arrest on a warrant. The person is arrested with a warrant for a violation of MCL 750.81 or 750.81a, or a corresponding local ordinance, and 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 as the victim.^[4]

The section was added by a 1990 act that took effect March 28, 1991, and was last amended by 2001 PA 198, effective April 1, 2002.^[1] As of October 2026, the full text, subsections (1) through (7), states no hour count.^[1]

Where the "20-hour" claim goes wrong

What is often said	What the law says
"There is a mandatory 20-hour hold."	The statute gives no number of hours. The person is held until arraigned or until a judge or district court magistrate sets interim bond.[1]
"You are released automatically after 20 hours."	Nothing in the section releases a person after a set time. The person is held until arraignment or until a judge or district court magistrate sets interim bond.[2][1]
"You cannot see a judge until 20 hours have passed."	The statute sets no minimum. An arrested person must be arraigned without unnecessary delay.[1][5]
"You can post bond at the jail like any misdemeanor."	Police and jail staff may not take an interim bond or release the person on recognizance.[2]
"Police can write a ticket and let you go."	An appearance ticket must not be issued to a person arrested for a domestic violence violation of MCL 750.81 or 750.81a.[3]

This guide could not confirm from a primary source what earlier versions of the section said, so it makes no claim about where the 20-hour figure came from. What matters for anyone arrested today is the current wording.^[1]

Why domestic assault arrests are treated differently

For an ordinary misdemeanor arrest without a warrant, Michigan law lets the arrested person deposit an interim bond with the arresting officer, the officer's supervisor or department, or the sheriff or deputy in charge of the county jail, if a magistrate is not available. That rule opens with the words "Except as otherwise provided in section 2a."^[8] Section 2a is MCL 780.582a. The effect is that the usual station-house bond is switched off for domestic assault and the decision goes to a judicial officer.^[2]

The appearance-ticket rules work the same way. Police may generally issue an appearance ticket and release a person arrested without a warrant for a misdemeanor, but not a person arrested for a domestic violence violation of MCL 750.81 or 750.81a, a corresponding ordinance, or another offense involving domestic violence.^[3] The ban also covers a person subject to detainment for violating a personal protection order and a person arrested for any other assaultive crime.^[9]

So how long is the wait?

It depends on how soon a judge or district court magistrate is available, which varies from court to court and by day of the week. Three rules set the outer limits:

1. The officer's duty. An officer who arrests without a warrant must, without unnecessary delay, take the person before a magistrate and present a complaint stating the charge.^[10]
2. The court rule. Unless released beforehand, an arrested person must be taken before a court for arraignment without unnecessary delay, in person or by two-way interactive video.^[5]
3. The constitutional marker. A delay of more than 48 hours between a warrantless arrest and a judicial probable cause determination is presumptively unreasonable, and the government then has to show extraordinary circumstances. A delay of less than 48 hours can still be unreasonable in some circumstances.^[6]

Weekend and holiday scheduling varies by court. The court rules require a plan that makes a judicial officer available each day of the year for arraignments, or for setting bail for every person arrested for a felony.^[11] The second alternative speaks only of felony arrests, so the rule does not promise a weekend arraignment on a misdemeanor; the local court or jail can say when the next session is.^[11]

What the judge or magistrate must do when setting interim bond

The statute lets a judge or district court magistrate set an interim bond before the arraignment. When that happens:

• The judge or magistrate must consider, and may impose, the condition that the person released not have or attempt to have contact of any kind with the victim.^[7]
• If the person is released subject to protective conditions, the judge or magistrate must inform the person on the record, orally or by a writing that is personally delivered, of the specific conditions and of the consequences of violating them: arrest without a warrant, possible forfeiture or revocation of bond, new conditions, and contempt penalties.^[12]
• The written order must state the person's name and physical description, the date the conditions become effective, the date on which the order will expire, and the conditions imposed.^[13]
• The judge or magistrate must immediately direct a law enforcement agency, in writing, to enter the order into the Law Enforcement Information Network (LEIN), the statewide police database.^[13]

A violation can lead to a new arrest. An officer may arrest without a warrant a defendant the officer has reasonable cause to believe is violating or has violated a release condition imposed under MCL 780.582a.^[14] See No-contact orders explained and Violating a no-contact order.

What happens at the arraignment

At arraignment the court must order one of three things pending trial: that the defendant be held in custody, be released on personal recognizance or an unsecured appearance bond, or be released conditionally, with or without money bail.^[15] Release on personal recognizance is the starting point unless the court determines that it will not reasonably ensure the defendant's appearance or will present a danger to the public.^[16] Outright denial of bail is limited to narrow categories of serious charges.^[17]

An arrested person is entitled to the assistance of an attorney at arraignment unless he or she makes an informed waiver or the court issues a personal bond and will not accept a guilty or no-contest plea at that hearing.^[18] The hearing itself is covered in The domestic violence arraignment, and the conditions a court can attach are in Bond conditions in domestic violence cases. A practical checklist is in what to do right after an arrest.

For family members and for the person named as the victim

Bringing money to the police station does not produce a release, because the person may not be released on a police interim bond in these cases.^[2] The useful questions for the jail are when the arraignment or bond review is scheduled and in which court. See When a family member is arrested.

The person named as the victim can ask to be told about release. Domestic assault under MCL 750.81 is a "serious misdemeanor" under the Crime Victim's Rights Act.^[19] For a serious misdemeanor, the investigating agency must give the victim, not later than 72 hours after the arrest, notice of the availability of pretrial release, the sheriff's phone number, and notice that the victim may contact the sheriff to find out whether the defendant has been released; the agency must promptly notify the victim of the arrest or release if the victim has requested that information.^[20] In a felony case the notice is due not later than 24 hours after the arraignment.^[21] See Crime victim rights in Michigan domestic violence cases.