Key points
- Since February 13, 2024, a Michigan conviction for a misdemeanor involving domestic violence carries an 8-year state firearm and ammunition prohibition, added by 2023 PA 201.[1][2]
- Third-offense domestic assault has been a 5-year felony since April 1, 2013; before that the guidelines listed a 2-year maximum.[3][4]
- The statute provides for automatic set-aside of convictions beginning April 11, 2023, subject to any necessary appropriation, but assaultive crimes and serious misdemeanors, which include domestic assault, are excluded from it.[5][6][7]
- Michigan's Extreme Risk Protection Order Act took effect February 13, 2024.[8]
- In 2026 the Michigan Supreme Court overruled People v Carpenter and allowed diminished-capacity evidence on the intent element of specific-intent crimes.[9]
Michigan domestic violence law has changed repeatedly since 2013, so a description written a few years ago may no longer match the statutes. The largest changes: third-offense domestic assault became a 5-year felony in 2013, the probation and set-aside statutes were amended in 2021, and a state firearm prohibition for domestic violence misdemeanors and the Extreme Risk Protection Order Act both took effect on February 13, 2024.[3][10][11][1][8]
The tables below list each change by its effective date, with the source for the date and a link to the guide that explains the current rule. Every row was checked against the current statute, court rule or benchbook as of October 2026. Where a source confirms that a statute was amended but not what the amendment changed, the row says so.
2013 to 2019
| Effective | What changed | Current rule explained in |
|---|---|---|
| April 1, 2013 | MCL 750.84 was amended by 2012 PA 367, and the sentencing guidelines list assault by strangulation or suffocation, a 10-year felony, from this date. The section has not been amended since.[12][13] | Strangulation charges |
| April 1, 2013 | Domestic assault with prior convictions and aggravated domestic assault with prior convictions went from a 2-year to a 5-year statutory maximum in the sentencing guidelines list.[3][4][14] | Second and third offenses |
| January 1, 2015 | The current felony schedule applies to cases arraigned on or after this date: a probable cause conference 7 to 14 days after arraignment and a preliminary examination 5 to 7 days after the conference (2014 PA 123).[15][16][17] | Preliminary examination |
| 2015 | People v Lockridge made the felony sentencing guidelines advisory rather than mandatory.[18] | Felony sentencing guidelines |
| August 18, 2015 | The upper age for the Holmes Youthful Trainee Act rose from 21 to 24 (2015 PA 31). It changed again in 2021.[19] | HYTA and domestic violence |
| July 25, 2016 | MCL 750.81 was renumbered by 2016 PA 87. Subsection (3) now covers assault of a pregnant individual; the second-offense provision is (4) and the third-offense felony is (5). MCL 750.81b was never updated to match.[20][3][21][22][4] | Assaulting a pregnant partner |
| July 25, 2016 | MCL 750.145e and 750.145f, on dissemination of sexually explicit images with intent to threaten, coerce, or intimidate, took effect: a misdemeanor of up to 93 days for a first violation.[23][24][25] | Online harassment |
| March 17, 2019 | MCL 768.27b, on evidence of other acts of domestic violence, was amended by 2018 PA 372. Acts more than 10 years old are excluded unless one of three sexual-assault exceptions or the interest of justice applies.[26][27][28] | Prior acts of domestic violence |
| March 21, 2019 | MCL 750.50b, on killing or torturing animals, was amended by 2018 PA 452. The current statute has three degrees, with maximums of 10, 7 and 4 years, and covers threatening an animal to exert control over a person.[29][30][31] | Animal cruelty in domestic cases |
| March 27, 2019 | The cyberbullying statute, MCL 750.411x, took effect: a misdemeanor of up to 93 days for a first offense.[32][25] | Online harassment |
2020 to 2023
| Effective | What changed | Current rule explained in |
|---|---|---|
| May 1, 2020 | The criminal discovery rule, MCR 6.201, began to apply in misdemeanor cases through MCR 6.610(E).[33][34] | Discovery |
| April 1, 2021 | The probation statutes were amended by 2020 PA 397. Under the current text the general cap on a probation term is 2 years for a misdemeanor and 3 years for a felony. Domestic violence offenses are not eligible for reduced probation, and the jail caps for technical violations do not apply to them.[10][35][36][37] | Probation conditions |
| April 4, 2021 | The occupational licensing statute on "good moral character" was amended by 2020 PA 368. Under the current text, with listed exceptions, a licensing board may consider a conviction only if it is a felony that meets one of the statutory tests.[38][39] | Professional licenses |
| April 11, 2021 | The set-aside statute was amended by 2020 PA 191. Under the current text, a person with not more than 3 felony convictions may apply to set aside all of his or her Michigan convictions, with a lifetime limit of 2 assaultive-crime convictions.[11][40][41] | Expunging a conviction |
| October 1, 2021 | "Juvenile" now generally means a person under 18, not under 17 (2019 PA 113).[42] The PPO statute itself still draws its adult-contempt line at 17, while the arrest statute says 18.[43] | Juveniles and domestic violence |
| October 1, 2021 | The Holmes Youthful Trainee Act now covers offenses committed on or after the 18th birthday and before the 26th, with the prosecutor's consent needed from age 21.[44][19] | HYTA and domestic violence |
| June 25, 2022 | Federal law: dating partners were added to the definition of a "misdemeanor crime of domestic violence." The change does not apply to convictions entered before that date, and a single dating-relationship conviction can stop disqualifying a person after 5 years.[45][46] | The federal gun ban |
| June 25, 2022 | Federal law: the maximum for knowingly possessing a firearm while prohibited became 15 years, under 18 USC 924(a)(8), a paragraph added by Pub. L. 117-159.[47][48][45] | The federal gun ban |
| April 11, 2023 | The automatic set-aside process began, two years after 2020 PA 193 took effect. It excludes assaultive crimes and serious misdemeanors, so domestic assault convictions are not cleared automatically.[5][11][6][7] | Automatic expungement |
| August 12, 2023 | The maximum crime victim compensation award rose from $25,000 to $45,000 (2022 PA 77).[49][39] | Workplace and financial protections |
2024 to 2026
| Effective | What changed | Current rule explained in |
|---|---|---|
| January 1, 2024 | Parts of the Michigan Rules of Evidence were renumbered. The other-acts purposes moved from MRE 404(b)(1) to 404(b)(2), and the residual hearsay exception moved to MRE 807.[50] | Hearsay and confrontation |
| February 13, 2024 | 2023 PA 201 added an 8-year firearm and ammunition prohibition after a conviction for a "misdemeanor involving domestic violence." The 8 years run from completion of the sentence, not from the conviction date.[1][51][2][52] | Michigan's 8-year gun ban |
| February 13, 2024 | 2023 PA 199 amended the statutes on stalking, malicious use of telecommunications, malicious destruction of property, illegal entry and vulnerable adult abuse, and the current text of each has a domestic-relationship version. For stalking, malicious use of telecommunications and malicious destruction of property the jail maximums match the ordinary versions; the difference is that each is a "misdemeanor involving domestic violence."[53][54][55][56][57] | Stalking law |
| February 13, 2024 | The Extreme Risk Protection Order Act (2023 PA 38) took effect. An ERPO bars the restrained person from purchasing or possessing firearms; it is not a no-contact order.[8][58] | Extreme risk protection orders |
| February 13, 2024 | A Michigan license is needed to purchase any firearm, not only a pistol; purchases before that date are not affected.[59][39] | CPL and purchase licenses |
| March 5, 2024 | MCL 750.81 was amended by 2023 PA 271. The sources reviewed confirm the amendment but not what it changed; the domestic assault maximums in the current text are 93 days, 1 year and 5 years.[60][61][22][4] | Domestic assault explained |
| June 21, 2024 | In United States v Rahimi, the U.S. Supreme Court upheld the federal firearm prohibition for people subject to qualifying protection orders, 18 USC 922(g)(8).[62] | PPOs and firearms |
| 2024 | In People v Butka, the Michigan Supreme Court held that the "public welfare" in the set-aside statute refers to the community at large, and that two victims' statements did not by themselves comprise it.[63] | Expunging a conviction |
| 2024 | In People v Gardner, the Michigan Supreme Court held that a defendant could not be convicted of both assault with intent to murder and felonious assault for the same assault.[64] | Felonious assault |
| April 2, 2025 | MCL 768.27b and 768.27c were amended by 2024 PA 184 and 183. MCL 768.27c now also reaches prostitution and human-trafficking cases and defines "infliction or threat of physical injury" broadly.[26][65][66][67] | Statements to police |
| April 2, 2025 | The limitations statute, MCL 767.24, was amended by 2024 PA 268, for offenses committed on or after that date. The amendment did not create a domestic violence period; domestic assault remains at 6 years.[68][69] | Statute of limitations |
| 2025 | In People v Eichler, the Court of Appeals reversed an aggravated stalking conviction based on work-related text messages to a probation agent, holding that a "reasonable individual" is a reasonable person similarly situated to the victim.[70] | Aggravated stalking |
| 2026 | In Case v Montana, the U.S. Supreme Court confirmed that the emergency-aid exception for entering a home does not require probable cause and does not permit a search beyond what the emergency reasonably requires.[71] | Police entering a home |
| July 17, 2026 | A person who leaves work due to domestic violence and meets the statute's requirements is no longer disqualified from unemployment benefits for voluntarily quitting.[72] | Workplace and financial protections |
| July 27, 2026 | MCL 750.50b was amended again, by 2026 PA 88. The sources reviewed confirm the amendment but not what it changed.[29] | Animal cruelty in domestic cases |
| July 31, 2026 | In People v Madison, the Michigan Supreme Court overruled People v Carpenter (2001) and held that the insanity statute does not bar diminished-capacity evidence offered to contest the intent element of a specific-intent crime. As of the August 31, 2026 jury instructions, no replacement instruction had been adopted.[9][73] | Accident and lack of intent |
A date still ahead
The provision that lets a sentencing court impose costs reasonably related to the actual costs incurred by the trial court applies, under the statute text in force in October 2026, only "until December 31, 2026."[74] Anyone reading about court costs after that date should check whether the Legislature has extended it. See Fines, costs and fees.
What has not changed, despite what you may read
Some widely repeated statements describe changes that never happened.
- No domestic violence limitations period. The current limitations statute has no special period for domestic assault; the 6-year general rule applies.[69]
- No hour count in the hold statute. MCL 780.582a states no number of hours; a person arrested for domestic assault is held until arraignment or until a judge or magistrate sets interim bond.[75]
- No mandatory arrest. The arrest statute says an officer "may arrest"; agency policies are to say that in most circumstances an officer should arrest when there is probable cause.[76][77]
- No custody presumption. Michigan treats domestic violence as one best-interest factor and has no statutory presumption against custody for a parent who committed it.[78]
- No look-back period for priors. The repeat-offender provisions of MCL 750.81 have no limit on how old a prior conviction may be.[79]
These and other common errors are collected in Myths about Michigan domestic violence cases.
How to tell whether a page is out of date
A few details date a web page quickly. Each of the following points to a description written before the change in question:
- A 2-year maximum for third-offense domestic assault: written before April 2013.[3]
- "MCL 750.81(3)" cited for a second offense: written before July 25, 2016.[20][22]
- A general felony probation cap other than 3 years: does not match the current text, last amended effective April 1, 2021.[10][35]
- Youthful trainee status described as ending at 21 or 24: written before October 2021.[19][44]
- No mention of a Michigan firearm ban for misdemeanors: written before February 2024.[1]
- A 10-year federal firearm penalty: written before June 25, 2022.[47][48]
- Diminished capacity described as unavailable in Michigan: written before July 31, 2026.[9][73]
Terms used in this timeline are defined in the glossary.
Common questions
What changed for firearms under Michigan domestic violence law in 2024?
A state firearm prohibition for domestic violence misdemeanors took effect. Since February 13, 2024, a person convicted of a misdemeanor involving domestic violence may not possess, use, transport, sell, purchase, carry, ship, receive, or distribute a firearm or ammunition in Michigan until 8 years after the sentence is fully completed.[1][2] Before that date, the Michigan statute restricted only people convicted of felonies.[1]
Did the penalties for domestic assault change recently?
The third-offense maximum has been 5 years since April 1, 2013.[3] Under the current text a first offense is punishable by up to 93 days, a second by up to 1 year, and a third is a felony punishable by up to 5 years.[61][22][4] The statute was renumbered effective July 25, 2016, and was last amended by 2023 PA 271, effective March 5, 2024.[20][60]
Can a domestic violence conviction now be cleared automatically under Clean Slate?
No. The automatic process, which the statute schedules to begin on April 11, 2023 subject to any necessary appropriation, does not apply to a conviction for an assaultive crime or a serious misdemeanor, and domestic assault is both.[5][6][7] A misdemeanor domestic assault conviction can still be set aside by application, after a 5-year waiting period.[80]
Are 17-year-olds still charged as adults in Michigan?
Not for most offenses. Since October 1, 2021, "juvenile" under the Juvenile Code generally means a person under 18, and the family division of circuit court has exclusive original jurisdiction over a juvenile under 18 accused of violating a law or ordinance, subject to the exceptions for adult prosecution.[42]
Sources
- MCL 750.224f (History); 2023 PA 201 — Michigan Legislature
- MCL 750.224f(5) — Michigan Legislature
- Michigan Sentencing Guidelines Manual, MCL # Felony List (MCL 777.16d) — Michigan Courts
- MCL 750.81(5) — Michigan Legislature
- MCL 780.621g(1)-(4); 2020 PA 193 — Michigan Legislature
- MCL 780.621g(10) — Michigan Legislature
- MCL 780.621g(4), (10)(a)-(b); MCL 780.621(4)(a)(ii); MCL 780.811(1)(a)(i)-(ii) — Michigan Legislature
- MCL 691.1801; 2023 PA 38 — Michigan Legislature
- People v Madison, ___ Mich ___ (2026) — Michigan Judicial Institute, Domestic Violence Benchbook
- MCL 771.2 (History); MCL 771.4b (History) — Michigan Legislature
- MCL 780.621 (History); MCL 780.621g (History) — Michigan Legislature
- MCL 750.84 (History); Michigan Sentencing Guidelines Manual, MCL # Felony List — Michigan Legislature
- MCL 750.84(1)(b) — Michigan Legislature
- MCL 750.81a(3) — Michigan Legislature
- MCL 766.4 (History and Compiler's Notes; 2014 PA 123, enacting section 1) — Michigan Legislature
- MCL 766.4(1); MCR 6.104(E)(4) — Michigan Legislature
- MCL 766.4(1), (4); MCR 6.104(E)(4) — Michigan Legislature
- People v Lockridge, 498 Mich 358, 365, 392, 399 (2015) — Michigan Courts
- MCL 762.11; 2015 PA 31; 2020 PA 396 — Michigan Courts
- MCL 750.81b; DVBB §2.2(D)(1) nn 24-25 — Michigan Legislature
- MCL 750.81(3) — Michigan Legislature
- MCL 750.81(4) — Michigan Legislature
- MCL 750.145e(1) — Michigan Legislature
- MCL 750.145f — Michigan Legislature
- MCL 750.145e (History); MCL 750.145f (History); MCL 750.411x (History) — Michigan Legislature
- MCL 768.27b(3), (6)(c), (7) and History — Michigan Legislature
- MCL 768.27b(4) — Michigan Legislature
- MCL 768.27b(4)(a)-(d) — Michigan Legislature
- MCL 750.50b (History) — Michigan Legislature
- MCL 750.50b(2)(d), (3), (4) — Michigan Legislature
- MCL 750.50b(6)-(9), (11), (12) — Michigan Legislature
- MCL 750.411x(2)-(6) — Michigan Legislature
- MJI Criminal Proceedings Benchbook, Vol. 1, §9 (discovery), notes 5 and 8, citing MCR 6.610(E)(1)–(2) as amended by ADM File No. 2018-23 — Michigan Courts
- MCR 6.610(E) — Michigan Courts
- MCL 771.2(1) — Michigan Legislature
- MCL 771.2(10)(a) — Michigan Legislature
- MCL 771.4b(6) — Michigan Legislature
- MCL 338.41(1); MCL 338.42(2) — Michigan Legislature
- MCL 338.42 (History); MCL 18.361 (History); MCL 28.422 (History); DVBB §6.2 — Michigan Legislature
- MCL 780.621(1)(a) — Michigan Legislature
- MCL 780.621(1)(b) — Michigan Legislature
- MCL 712A.1(1)(i); MCL 712A.2(a)(1); 2019 PA 113 — Michigan Legislature
- MCL 600.2950(23); MCL 600.2950a(23); MCL 764.15b(1)(c)(i)–(ii); MCR 3.706(A)(3); MCR 3.708(A)(2) — Michigan Legislature
- MCL 762.11(2) — Michigan Legislature
- 18 USC 921(a)(33)(A)(ii); Pub. L. 117-159, § 12005(a), (b) (note to 18 USC 921) — Legal Information Institute, Cornell Law School
- 18 USC 921(a)(33)(C) — Legal Information Institute, Cornell Law School
- 18 USC 924(a)(8) — Legal Information Institute, Cornell Law School
- 18 USC 924(a)(8) and 2022 amendment notes — Legal Information Institute, Cornell Law School
- MCL 18.361(1); 2022 PA 77 — Michigan Legislature
- DVBB §4.2 nn 18, 21; §4.3 n 42 (ADM File No. 2021-10) — Michigan Judicial Institute, Domestic Violence Benchbook
- MCOLES, "Misdemeanor Crime Involving Domestic Violence" (News and Alerts, May 16, 2024) — State of Michigan
- MCL 750.224f(5)(a)–(c) — Michigan Legislature
- 2023 PA 199 (title and effective date); MCL 750.115, 750.145n, 750.377a, 750.411h, 750.540e (History) — Michigan Legislature
- MCL 750.81a(2); MCL 764.15a; MCL 769.4a(1); MCL 750.411h(2)(c); MCL 750.540e(1)(h); MCL 750.377a(1)(d), (f); MCL 750.115(2); MCL 750.145n(5) — Michigan Legislature
- MCL 750.411h(2)(c); MCL 750.224f(10)(c)(viii) — Michigan Legislature
- MCL 750.540e(1)(h); MCL 750.224f(10)(c)(ix) — Michigan Legislature
- MCL 750.377a(1)(d), (f); MCL 750.224f(10)(c)(vi) — Michigan Legislature
- MCL 691.1809(1)(a)–(c) — Michigan Legislature
- MCL 28.422(1)(b) — Michigan Legislature
- MCL 750.81 (history) — Michigan Legislature
- MCL 750.81(2) — Michigan Legislature
- United States v Rahimi, 602 US ___ (2024) (No. 22-915, decided June 21, 2024) — Supreme Court of the United States
- People v Butka, 514 Mich 366, 371, 380 (2024) — Michigan Courts
- People v Gardner, ___ Mich ___ (2024) — Michigan Judicial Institute, Domestic Violence Benchbook
- MCL 768.27c (History); MJI Domestic Violence Benchbook §4.2(A)(2) — Michigan Legislature
- MCL 768.27c(1)(a)-(e) — Michigan Legislature
- MCL 768.27c(5)(d) — Michigan Legislature
- MCL 767.24(13) and History — Michigan Legislature
- MCL 767.24(10) — Michigan Legislature
- People v Eichler, ___ Mich App ___ (2025) (Docket No. 371360), slip op at 7-9 — Michigan Courts
- Case v Montana, 607 US ___ (2026) — Michigan Courts
- MCL 421.29(1)(a)(iv); MCL 421.29a; UIA "Domestic Violence FAQ" (updated July 17, 2026) — State of Michigan
- M Crim JI 6.3 (Note); People v Madison, ___ Mich ___ (July 31, 2026) (Docket No. 167120) — Michigan Courts
- MCL 769.1k(1)(b)(iii) — Michigan Legislature
- MCL 780.582a(1) — Michigan Legislature
- MCL 764.15a — Michigan Legislature
- MCL 776.22(1), (3)(b)(i) — Michigan Legislature
- MCL 722.23; MCL 722.25(1); DVBB §8.4(A)(1) — Michigan Legislature
- MCL 750.81(4)-(5) — Michigan Legislature
- MCL 780.621d(2)-(3); MCL 780.811(1)(a)(i)-(ii); MCL 780.621(1)(b); MCL 780.621c(1) — Michigan Legislature
- MCL 767.24(1)(a), (3), (4), (13) — Michigan Legislature
This page is general legal information about Michigan law, published by the office of Attorney Shawn Haff. It is not legal advice and reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts — check the sources linked above and talk to a licensed Michigan attorney about your situation. If you are in danger, call 911. The National Domestic Violence Hotline is 1-800-799-7233.