Glossary of Michigan Domestic Violence Legal Terms

This glossary defines 101 terms used in Michigan domestic violence cases, in alphabetical order. Each definition is tied to the statute, court rule, jury instruction or benchbook passage it comes from, and each entry links to the guide that covers the subject. Two points are worth stating at the outset: "domestic violence" is not itself the name of a crime in Michigan, and a personal protection order is a civil order, not a criminal charge.^[1][4]

Definitions here are short on purpose. Where a word has different meanings in different statutes, such as "assaultive crime" or "domestic violence," the entry says which statute the definition comes from. For common misunderstandings about these terms, see Myths about Michigan domestic violence cases; for when the rules changed, see the timeline of recent changes.

A to B

Actual notice. Knowledge of a court order that does not depend on formal service. For aggravated stalking based on a violation of a restraining order, the Court of Appeals found actual notice where the defendant's own statements showed he knew of the order and he had evaded service.^[7] See Aggravated stalking.

Aggravated domestic assault. An assault, without a weapon, on a person in a domestic relationship that inflicts serious or aggravated injury, committed without intent to murder or to inflict great bodily harm. A first offense is a misdemeanor punishable by up to 1 year in jail, a fine of up to $1,000, or both.^[8] See Aggravated domestic assault.

Aggravated stalking. Stalking plus one of four aggravating circumstances: a violation of a restraining order or injunction, a violation of a probation, parole or bond condition, one or more credible threats, or a previous stalking conviction. It is a felony punishable by up to 5 years.^[9][10] See Aggravated stalking.

Appearance ticket. A citation that releases an arrested person with a date to appear in court. Police may not issue one to a person arrested for a domestic violence violation of MCL 750.81 or 750.81a or a corresponding local ordinance.^[11] See How long you are held after an arrest.

Arraignment. The first court appearance on a charge. An arrested person must be taken before a court for arraignment without unnecessary delay, and at a misdemeanor arraignment the court tells the defendant the offense, the maximum sentence, and the rights to an attorney and to a trial.^[12][13] See The domestic violence arraignment.

Assault. Either an attempt to commit a battery or an act that would cause a reasonable person to fear or apprehend an immediate battery. No physical contact is required.^[2] See Assault vs. battery.

Assaultive crime. A label that several statutes use, each with its own definition. For the MCL 769.4a deferral and for the set-aside statute it includes any violation of the assault chapter of the Penal Code, MCL 750.81 to 750.90g, which covers domestic assault.^[14][15] See The MCL 769.4a deferral.

Automatic set-aside. The process, begun April 11, 2023, by which certain convictions are set aside without an application. It does not apply to assaultive crimes or serious misdemeanors, so it does not reach domestic assault.^[16][17][18] See Automatic expungement.

Batterer intervention program. A program operated under the Batterer Intervention Standards for the State of Michigan, written in 1998, which courts are encouraged to follow. The standards recommend 52 sessions and treat 26 sessions over at least 26 weeks as the minimum.^[19][20][21] See Batterer intervention programs.

Battery. A forceful, violent, or offensive touching of a person or of something closely connected with the person. The touching must be intended and against the other person's will; it does not matter whether it caused an injury.^[3] See Assault vs. battery.

Bench trial. A trial decided by a judge instead of a jury. A defendant may waive a jury only with the consent of the prosecutor and the approval of the court.^[22] See Bench trial or jury trial.

Beyond a reasonable doubt. The standard of proof in a criminal trial. The defendant is presumed innocent and the prosecutor must prove each element beyond a reasonable doubt; jurors are told that a reasonable doubt is a fair, honest doubt growing out of the evidence or lack of evidence.^[23][24] See What happens at trial.

Bindover. The district judge's decision, after a preliminary examination, to send a felony case to circuit court. The court must bind the defendant over if it finds probable cause that a felony was committed and that the defendant committed it.^[25] See The preliminary examination.

Bond (bail). The terms on which a defendant is released while a case is pending. At arraignment the court must order the defendant held, released on personal recognizance, or released conditionally with or without money bail.^[26] See Bond conditions.

C

Circuit court. The trial court with jurisdiction over felonies and over misdemeanors punishable by more than one year. Sentencing in felony cases is conducted by a circuit judge.^[27] See The felony case timeline.

Circuit court misdemeanor. A misdemeanor punishable by more than 1 year of imprisonment, sometimes called a "high court misdemeanor." It cannot be tried in district court and is treated as a felony for purposes of trial-court jurisdiction.^[28] See Misdemeanor vs. felony.

Complaining witness. The person whose account is the basis of the charge; this guide uses the term in place of "victim" when a case is still pending. Judges are advised to emphasize that the proceedings are between the defendant and the People, not between the defendant and the intimate partner.^[29] See Can the victim drop the charges?.

Complaint. A written accusation that a named or described person committed a specified criminal offense. It must be signed and verified, and it may not be filed without a prosecutor's written approval unless security for costs is filed.^[30][31] See Who decides to file charges.

Confrontation Clause. The constitutional guarantee behind the rule in Crawford v Washington: a testimonial out-of-court statement of a witness who does not testify may be used against a defendant only if the witness is unavailable and the defendant had a prior opportunity to cross-examine.^[32] See Hearsay and the Confrontation Clause.

Contempt of court. Punishment by a court for disobeying its order. An adult who violates a PPO faces criminal contempt, with up to 93 days in jail and a fine of up to $500, and a violation of a bond condition can also be punished as criminal contempt.^[33][34] See PPO violation penalties.

Course of conduct. In the stalking statute, a pattern of conduct composed of a series of 2 or more separate noncontinuous acts evidencing a continuity of purpose.^[35] See Stalking law.

Credible threat. In the aggravated stalking statute, a threat to kill or physically injure another individual, made in any manner or context that causes the person hearing or receiving it to reasonably fear for his or her safety or the safety of another.^[36] See Are threats a crime?.

Crime victim rights assessment. A charge the court must order in every case resolved by conviction, youthful trainee status, delayed sentence or deferred judgment: $130 for a felony and $75 for a misdemeanor or ordinance violation.^[37] See Fines, costs and fees.

Crime Victim's Rights Act. The William Van Regenmorter Crime Victim's Rights Act, MCL 780.751 and following. It has a felony article, a juvenile article, and a misdemeanor article that applies to "serious misdemeanors," a list that includes assault and assault and battery under MCL 750.81.^[38] See Crime victim rights.

D to E

Dangerous weapon. For felonious assault, any object used or threatened to be used in a way likely to cause serious physical injury or death. The way an object is used or intended to be used determines whether it is a dangerous weapon.^[39] See Felonious assault.

Dating relationship. Frequent, intimate associations primarily characterized by the expectation of affectional involvement. The term does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.^[40] See The dating relationship definition.

Deferral (MCL 769.4a). An arrangement in which the court, after a guilty plea or finding of guilt for domestic assault and with the consent of the accused and the prosecutor, holds off entering a judgment of guilt and places the person on probation. If probation is completed, the court must discharge the person and dismiss the proceedings.^[41][6] See The MCL 769.4a deferral.

Delayed sentence. A postponement of sentencing for not more than 1 year, to give the defendant a chance to prove eligibility for probation or other leniency. The charge remains pending, and the statute itself does not provide for dismissal at the end of the delay.^[42][43] See Delayed sentence and other outcomes.

Discharge and dismissal. The result of successfully completing a deferral. It is without adjudication of guilt and is not a conviction for most purposes, but it is a prior conviction in a later prosecution for repeat domestic assault.^[6] See Does a deferral count as a conviction?.

Discovery. The exchange of information between the prosecution and the defense before trial, governed by MCR 6.201. Except for one subrule that applies only if the defendant elects it, the rule applies in all misdemeanor proceedings.^[44] See Discovery.

District court. The court with jurisdiction over misdemeanors punishable by not more than 1 year and over ordinance violations. It also conducts arraignments, sets bail, and holds preliminary examinations in felony cases.^[45] See The misdemeanor case timeline.

Domestic assault. An assault or assault and battery on a spouse or former spouse, a current or former dating partner, a person with whom the accused has had a child in common, or a resident or former resident of the accused's household. A first offense is a misdemeanor punishable by up to 93 days and $500.^[46] See Domestic assault explained.

Domestic violence. Not itself the name of a crime; it describes the circumstances of a violent crime in which the accused and the victim have a domestic relationship. A separate statutory definition, in MCL 400.1501, is used by the state's domestic violence board and borrowed by other statutes.^[1][47][48] See What is domestic violence?.

Dual arrest. The arrest of both people at a domestic call. The statute does not use the term; it requires agency policy to direct officers, in deciding whether to arrest one or both, to consider the intent of the law to protect victims, the degree of injury, fear, and any history of domestic violence.^[49] See Dual arrest.

Emotional distress. In the stalking statute, significant mental suffering or distress that may, but does not necessarily, require medical or other professional treatment or counseling.^[50] See Stalking law.

Enhancement. A higher maximum based on prior convictions. A second domestic assault is punishable by up to 1 year and a third is a felony punishable by up to 5 years; the charging document must contain a separate notice that an enhanced sentence will be sought.^[51][52][53] See Second and third offenses.

Ex parte. Without notice to the other side. A PPO can be issued ex parte if specific facts show that immediate and irreparable injury, loss, or damage will result from the delay required to give notice, or that notice itself will precipitate adverse action.^[54] See Ex parte PPOs.

Excited utterance. A hearsay exception for a statement relating to a startling event, made while the speaker was still under the stress of it.^[55] See 911 calls as evidence.

Expungement. The popular word for setting aside a conviction. Michigan statutes use "set aside." See the entry for Set aside. See Expunging a conviction.

Extreme risk protection order (ERPO). A court order, sometimes called a red flag order, that bars the restrained person from purchasing or possessing a firearm. It concerns only firearms, does not order no contact, and expires 1 year after it is issued.^[56][57][58] See Extreme risk protection orders.

F to L

Family or household member. The term used in the Domestic Violence Prevention and Treatment Act, MCL 400.1501. It has seven categories and is not the same list as the four relationships in the domestic assault statute.^[59][46] See Who is covered.

Felonious assault. An assault with a gun, knife, club or other dangerous weapon, without intent to murder or to inflict great bodily harm. It is a felony punishable by up to 4 years.^[60] See Felonious assault.

Felony. Under the Code of Criminal Procedure, an offense for which the offender may be punished by imprisonment for more than 1 year, or an offense expressly designated by law to be a felony.^[61] See Misdemeanor vs. felony.

Foreign protection order. An order issued by a court of another state, an Indian tribe, or a United States territory to prevent violent or threatening acts, harassment, contact or proximity. The definition does not cover orders from other countries.^[62] See Out-of-state protection orders.

Forfeiture by wrongdoing. The rule that if a party wrongfully caused or encouraged a witness's unavailability, intending that result, the witness's out-of-court statement may be used against that party.^[63] See Hearsay and the Confrontation Clause.

Great bodily harm. As jurors are instructed for assault with intent to do great bodily harm, any physical injury that could seriously harm the health or function of the body.^[64] See Strangulation and MCL 750.84.

Habitual offender. A person sentenced for a felony who has prior felony convictions. One prior allows a maximum of one and a half times the usual term, two allow double, and three or more allow up to life if the new felony carries 5 years or more, or up to 15 years if it carries less.^[65][66][67] See Felony sentencing guidelines.

Harassment. In the stalking statute, conduct directed toward a victim that includes repeated or continuing unconsented contact that would cause a reasonable individual emotional distress and actually does. It does not include constitutionally protected activity or conduct that serves a legitimate purpose.^[68] See Stalking law.

Hearsay. An out-of-court statement offered to prove the truth of what it asserts. It is inadmissible unless a rule provides otherwise.^[69] See Hearsay and the Confrontation Clause.

Holmes Youthful Trainee Act (HYTA). A status available for offenses committed on or after the 18th birthday and before the 26th. On final release the court dismisses the proceedings, and the assignment is not a conviction for a crime.^[70][71] See HYTA and domestic violence.

ICHAT. The Internet Criminal History Access Tool, the public search of criminal history record information maintained by the Michigan State Police.^[72] See What shows on your record.

Impact statement. A statement by the victim at sentencing about the effect of the offense. The victim has the right to appear and make an oral impact statement.^[73] See Victim impact statements.

Information. The charging document the prosecutor files in circuit court after a felony case is bound over. At the circuit court arraignment the defendant receives a copy and the charge is stated or read.^[74] See The felony case timeline.

Interim bond. A bond set before arraignment. A person arrested without a warrant for domestic assault may not be released on an interim bond set by police and is held until arraignment or until a judge or district court magistrate sets one.^[75] See How long you are held after an arrest.

Juvenile. Under the Juvenile Code since October 1, 2021, generally a person under 18. The family division of circuit court has exclusive original jurisdiction over a juvenile accused of violating a law or ordinance, subject to exceptions for adult prosecution.^[76] See Juveniles and domestic violence charges.

LEIN. The Law Enforcement Information Network. A PPO is entered into LEIN immediately on issuance, without waiting for proof of service, and a protective release order in a criminal case is entered as well.^[77][78] See Does a PPO show up on a background check?.

Lesser included offense. A less serious crime whose elements are contained in the charged crime. An instruction on it is proper if the greater offense requires the jury to find a disputed factual element that is not part of the lesser offense and a rational view of the evidence supports it.^[79] See What happens at trial.

M to P

Material witness. A witness whose testimony is in danger of being lost. After a hearing the court may require the witness to post bond, and a witness who does not post it must be committed to jail until the bond is posted or the court discharges the witness.^[80] See Can a victim refuse to testify?.

Miranda warnings. Warnings police give before questioning a person in custody. They are required only when a person is subject to custodial interrogation.^[81] See Should you talk to police?.

Misdemeanor. A violation of a penal law that is not a felony. When a statute calls an offense a misdemeanor without stating a penalty, the maximum is 90 days in jail, a fine of $500, or both.^[82] See Misdemeanor vs. felony.

Misdemeanor crime of domestic violence. The federal term in 18 USC 921(a)(33). It is a misdemeanor under federal, state, tribal, or local law that has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a person in a listed relationship with the victim. A conviction bars firearm possession under federal law.^[83][84] See The federal gun ban.

Misdemeanor involving domestic violence. The Michigan term in MCL 750.224f, defined by a list of nine state offenses, including domestic assault and aggravated domestic assault, together with corresponding ordinances and laws of other jurisdictions. A conviction bars firearm and ammunition possession in Michigan until 8 years after the sentence is fully completed.^[85][86][87] See Michigan's 8-year gun ban.

Next friend. An adult through whom a minor or a legally incapacitated person brings a PPO petition. The court must appoint one if the minor is under 14.^[88] See PPOs involving minors.

No-contact order. In a criminal case, a condition of release that a judge or magistrate finds reasonably necessary to protect one or more named persons. It is not a PPO, and it restricts only the defendant.^[5][29] See No-contact orders explained.

No-contest plea (nolo contendere). A plea that requires the court's consent and on which the court may not question the defendant about participation in the crime.^[89][90] See Guilty vs. no-contest pleas.

Ordinance. A local law. A conviction under a local ordinance substantially corresponding to MCL 750.81 counts as a prior conviction for second- and third-offense domestic assault under state law.^[91] See State charge vs. city ordinance.

Other-acts evidence. Evidence of acts other than the one charged. Under MCL 768.27b, in a case charging an offense involving domestic violence, evidence that the defendant committed other acts of domestic violence is admissible for any purpose for which it is relevant, unless excluded under MRE 403.^[92] See Prior acts of domestic violence.

Peace bond. An order of a district or municipal court judge requiring a person to post a recognizance to keep the peace, for a period the court sets of not more than 5 years. It starts with a sworn complaint that the person has threatened to commit an offense against the person or property of another.^[93] See Peace bonds.

Personal protection order (PPO). An injunctive order issued by the family division of the circuit court that restrains a named person from specific conduct listed in the PPO statutes. Michigan has three types: domestic relationship, nondomestic stalking, and nondomestic sexual assault.^[4][94] See Personal protection orders explained.

Personal recognizance. Release on the defendant's promise to appear, without posting money. Unless the defendant is held without bail, the court must release on personal recognizance or an unsecured appearance bond unless it determines that such release will not reasonably ensure appearance or will present a danger to the public.^[95] See Bond conditions.

Petitioner and respondent. The parties to a PPO case. The petitioner asks for the order and bears the burden of showing reasonable cause for it; the respondent is the person the order would restrain.^[96][4] See How to get a PPO.

Preliminary examination. A hearing in district court in a felony case, set for 5 to 7 days after the probable cause conference. Both sides may call and cross-examine witnesses, and the Michigan Rules of Evidence apply.^[97][98] See The preliminary examination.

Preponderance of the evidence. A standard of proof used for decisions other than guilt at trial. A judge uses it at sentencing to decide whether prior domestic assault convictions have been established, and a court uses it to decide whether to issue an extreme risk protection order.^[99][100] See Second and third offenses.

Probable cause conference. A conference in a felony case, set not less than 7 days or more than 14 days after arraignment. It must include discussion of a possible plea agreement and other pretrial matters, including bail and bond modification.^[101][102] See The felony case timeline.

Probation. A sentence served in the community under conditions set by the court. The general cap is 2 years for a misdemeanor and 3 years for a felony, with statutory exceptions.^[103] See Probation conditions.

Prosecuting attorney. The lawyer who represents the People in a criminal case. In Michigan the prosecutor, not the complaining witness, has the authority to decide whether to prosecute and what charges to file.^[104] See Who decides to file charges.

R to S

Reasonable cause. The standard for a domestic relationship PPO. The court must issue the order if it determines there is reasonable cause to believe the respondent may commit one or more of the acts listed in the statute.^[105] See How to get a PPO.

Recantation. A witness taking back an earlier statement. A trial court exceeded its authority when it dismissed a prosecution on its own after the sole complaining witness recanted her preliminary examination testimony.^[106] See Recanting a statement.

Restitution. Payment ordered to make a victim whole. Crime victims have a state constitutional right to restitution, and at a misdemeanor sentencing the court must order the amount needed to make full restitution.^[107][108] See Restitution.

Self-defense. A justification: a person who acts in lawful self-defense is not guilty. Once there is some evidence of it, the prosecutor must prove beyond a reasonable doubt that the defendant did not act in self-defense.^[109][110] See Self-defense law.

Sentencing guidelines. The framework used in felony sentencing. Since People v Lockridge in 2015 the guidelines are advisory, but judges must still consult the guidelines range and take it into account.^[111] See Felony sentencing guidelines.

Serious misdemeanor. A category in the Crime Victim's Rights Act that includes assault and assault and battery under MCL 750.81, including domestic violence, and aggravated assault under MCL 750.81a. It is not the same thing as a circuit court misdemeanor.^[112][28] See Crime victim rights.

Serious or aggravated injury. A physical injury that requires immediate medical treatment or that causes disfigurement, impairment of health, or impairment of a part of the body. It is the added element of aggravated domestic assault.^[113][114] See Aggravated domestic assault.

Set aside. The statutory term for clearing a conviction, commonly called expungement. It is a privilege and not a right; a misdemeanor domestic assault conviction can be set aside by application, after a 5-year waiting period.^[115][116] See Expunging a conviction.

Show cause. A motion asking the court to hold someone in contempt. If a respondent was not arrested for an alleged PPO violation, the petitioner may file a motion with an affidavit, at no fee, to have the respondent found in contempt.^[117] See PPO violation penalties.

Specific intent. A required mental state. The model jury instructions state that all assaults are specific-intent crimes: the prosecutor must prove the accused intended to commit a battery or to make the other person reasonably fear an immediate battery.^[118] See Accident and lack of intent.

Spousal privilege. The rule that in a criminal prosecution a spouse cannot be examined for or against the other without the witness-spouse's consent. It does not apply in a case that grows out of a personal wrong or injury done by one spouse to the other.^[119][120] See Spousal privilege.

Stalking. A willful course of conduct involving repeated or continuing harassment that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel that way. It is a misdemeanor punishable by up to 1 year.^[121][122] See Stalking law.

Statute of limitations. The time within which a charge may be filed. For domestic assault, aggravated domestic assault and stalking it is 6 years after the offense.^[123] See Statute of limitations.

Strangulation or suffocation. Intentionally impeding normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Assault by this means is a felony punishable by up to 10 years.^[124][125] See Strangulation and MCL 750.84.

Subpoena. An order to appear in court as a witness. If a person fails to comply with a properly served subpoena, the court may treat the failure as contempt.^[126] See What to expect as a witness.

Summons. A document in the same form as a warrant that directs the defendant to appear before a court at a stated date and time. It can be served personally, left at the defendant's home, or mailed; if the defendant fails to appear, a warrant may be issued.^[127] See Charged without being arrested.

T to W

Technical probation violation. A violation of a probation order that is not one of four listed exceptions. Violating a court order to have no contact with a named individual is never a technical violation.^[128][129] See Probation violations.

Testimonial statement. A statement made in circumstances that would lead an objective witness reasonably to believe it would be available for use at a later trial.^[130] See Hearsay and the Confrontation Clause.

Tolling. A pause in a limitations period. Any period during which the person charged did not usually and publicly reside in Michigan is not counted toward the time to file.^[131] See Statute of limitations.

Unavailable witness. Under the evidence rules, a witness who is exempted by privilege, refuses to testify despite a court order, testifies to not remembering, cannot attend because of death or illness, or is absent and could not be brought to court.^[132] See When the victim does not come to court.

Unconsented contact. In the stalking statute, any contact initiated or continued without the other person's consent or in disregard of that person's expressed desire that the contact be avoided or discontinued.^[133] See Stalking law.

Victim. In the felony article of the Crime Victim's Rights Act, an individual who suffers direct or threatened physical, financial or emotional harm as a result of the commission of a crime.^[134] See Crime victim rights.

Walker hearing. A hearing, held outside the presence of the jury, on whether a defendant's statement to police was voluntary and admissible.^[135] See Motions to suppress.

Warrantless arrest. An arrest made without an arrest warrant. An officer may arrest for domestic assault without a warrant, and without having seen the offense, on reasonable cause to believe the violation occurred and that the suspect has one of the four domestic relationships with the victim.^[136] See Is arrest mandatory?.

Witness tampering. Discouraging or influencing a witness's testimony by a bribe, a threat or intimidation, or willfully interfering with a witness's ability to attend or testify. It is a felony punishable by up to 4 years, and by more in listed circumstances.^[137][138] See Witness tampering and intimidation.

Terms that sound alike but are not the same

Term	Not to be confused with	The difference
Personal protection order	No-contact order	A PPO is a civil order from the family division of circuit court; a no-contact order is a condition of release in a criminal case.[4][5]
Serious misdemeanor	Circuit court misdemeanor	The first is a Crime Victim's Rights Act category that includes 93-day domestic assault; the second is a misdemeanor punishable by more than 1 year.[112][28]
Misdemeanor involving domestic violence	Misdemeanor crime of domestic violence	The first is the Michigan term that triggers the 8-year state prohibition; the second is the federal term in 18 USC 921(a)(33).[85][83]
Family or household member	The four domestic assault relationships	The first is a seven-category definition in MCL 400.1501; the second is the list in MCL 750.81(2).[59][46]
Deferral	Delayed sentence	A deferral under MCL 769.4a ends in discharge and dismissal; a delayed sentence only postpones sentencing for up to 1 year.[6][42]
Set aside	Automatic set-aside	A domestic assault conviction can be set aside by application; it is excluded from the automatic process.[116][17]
Extreme risk protection order	Personal protection order	An ERPO concerns only firearms and lasts 1 year; a PPO restrains listed conduct.[57][58][4]