Fifteen Myths About Michigan Domestic Violence Cases

Several widely repeated beliefs about domestic violence cases in Michigan are out of date or were never the law here. The complaining witness cannot drop the charges, an injury is not required, and a deferred case is not erased for every purpose.^[1][3][4] This page takes fifteen common beliefs one at a time: what people say, what Michigan law provides, the source, and the guide that covers the subject in full.

Several of these beliefs were once accurate. Where that is the case, the date the law changed is given; the full list of changes is in the timeline of recent changes.

Charging and arrest

Myth 1: "The victim can drop the charges"

The belief. The person who called the police can end the case by telling the prosecutor or the judge that he or she does not want to go forward.

The law. A criminal case is brought by the People, and the prosecutor has the authority to decide whether to prosecute and what charges to file.^[1] In People v Williams, the Court of Appeals held that a trial court erred by dismissing domestic assault charges after the complainant refused to testify.^[2] The complainant has a right to be consulted before a plea or dismissal is finalized, which is not a veto.^[9] Using a threat, intimidation or a bribe to discourage a witness from testifying is a felony under the witness tampering statute.^[10][11]

Detailed guide: Can the victim drop domestic violence charges?

Myth 2: "Without the victim's testimony there is no case"

The belief. If the complaining witness does not come to court, or takes back the statement, the case has to be dismissed.

The law. Michigan evidence law gives the prosecution several ways to proceed without live testimony from the complainant: statements to police under MCL 768.27c, excited utterances and 911 calls, recorded recollection, former testimony from a preliminary examination, forfeiture by wrongdoing, photographs and medical records.^[12] A statement to police can be admitted under MCL 768.27c even when the complainant is available.^[13] Each route has its own conditions, and whether the remaining evidence is enough is decided case by case.^[12] In People v Morrow, the Court of Appeals held that a trial court exceeded its authority when it dismissed a prosecution on its own after the sole complaining witness recanted her preliminary examination testimony.^[14]

Detailed guide: When the victim does not come to court and Recanting a statement.

Myth 3: "Arrest is mandatory on every domestic call"

The belief. Michigan police have to arrest someone whenever they respond to a domestic dispute.

The law. The warrantless arrest statute, MCL 764.15a, is permissive: an officer "may arrest."^[15] What state law requires is a written policy at every police agency, and that policy has to emphasize that "in most circumstances" an officer should arrest when there is probable cause to believe a person is committing or has committed domestic violence.^[16] The result is a stated policy preference for arrest, not a statutory command.

Detailed guide: Is arrest mandatory for domestic violence in Michigan?

Myth 4: "There is a mandatory 20-hour hold"

The belief. Anyone arrested for domestic violence in Michigan sits in jail for a fixed number of hours before release.

The law. MCL 780.582a states no number of hours. A person arrested for domestic assault "shall be held until he or she can be arraigned or have interim bond set by a judge or district court magistrate," and the full current text contains no 20-hour figure or any other fixed time.^[17] What the statute does is take the bond decision away from the police: a person arrested without a warrant under MCL 764.15a may not be released on an interim bond set by police or on recognizance by the arresting officer.^[18] How long that takes depends on when a judge or magistrate is available.

Detailed guide: How long are you held after a domestic violence arrest?

Myth 5: "No injury means no case"

The belief. Without bruises, marks or a medical record, there is nothing to charge.

The law. Neither assault nor assault and battery requires an injury. Jurors are told that an assault does not have to cause an actual injury, and that for a battery it does not matter whether the touching caused an injury.^[3] An assault does not even require contact; an act that would cause a reasonable person to fear an immediate battery is enough.^[19] Police policy is to the same effect: a decision not to arrest should not be based solely on the absence of visible injury.^[20] Injury matters for the more serious charge of aggravated domestic assault, where a serious or aggravated injury is an added element.^[21]

Detailed guide: Can you be charged without an injury?

Myth 6: "It is only domestic violence if you are married or live together"

The belief. An assault on an ex, or on a partner who lives elsewhere, is an ordinary assault.

The law. Domestic assault under MCL 750.81(2) covers four relationships: a spouse or former spouse, a person with whom the accused has or has had a dating relationship, a person with whom the accused has had a child in common, and a resident or former resident of the accused's household.^[22] The Court of Appeals has summarized the statute as reaching people who have ever been married, ever resided together, had a child in common, or ever had a dating relationship.^[23] Spouses and co-parents are covered whether or not they ever shared a household.^[24]

Detailed guide: Who is covered: the domestic relationship.

Penalties and deadlines

Myth 7: "A third offense is a 2-year felony"

The belief. The maximum for a third offense is the low figure that older websites still print.

The law. That was the maximum until April 1, 2013.^[25] Under the current MCL 750.81(5), a domestic assault by a person with 2 or more previous qualifying convictions is a felony punishable by up to 5 years in prison, a fine of up to $5,000, or both.^[26] The statute has no look-back period, so priors of any age count, and a prior under a corresponding city ordinance counts too.^[27][28]

Detailed guide: Second and third offense domestic violence.

Myth 8: "Michigan has a 10-year statute of limitations for domestic violence"

The belief. A special, longer limitations period applies to domestic violence charges.

The law. There is no limitations period specific to domestic violence in MCL 767.24. Domestic assault, aggravated domestic assault and stalking fall under the general rule: charges may be filed within 6 years after the offense, for misdemeanors and felonies alike.^[29] Any period during which the accused did not usually and publicly reside in Michigan is not counted.^[30]

Detailed guide: Statute of limitations for domestic violence.

Deferrals and records

Myth 9: "A deferral wipes the slate clean"

The belief. Once deferral probation is finished and the case is dismissed, it is as if nothing happened.

The law. A discharge and dismissal under MCL 769.4a is not a conviction for most purposes.^[4] But the same subsection says it is a prior conviction in a later prosecution for second- or third-offense domestic assault or repeat aggravated domestic assault.^[4] The State Police keep a nonpublic record of the case, the person is not entitled to have fingerprints and the arrest card destroyed, and the dismissed case is counted as a misdemeanor conviction when the person applies to set aside other convictions.^[31][32][33] A person may receive only one such dismissal.^[4]

Detailed guide: Does a 769.4a deferral count as a conviction?

Myth 10: "It is expunged automatically, or after 3 years"

The belief. A domestic violence conviction drops off under Clean Slate, or can be cleared on the short timetable that applies to minor offenses.

The law. Automatic set-aside does not apply to a conviction for an assaultive crime or a serious misdemeanor.^[34] Domestic assault and aggravated domestic assault are both, so they are not cleared automatically; a person has to file an application.^[5] The 3-year waiting period applies to misdemeanors other than serious misdemeanors and assaultive crimes.^[35] A domestic assault conviction falls under the 5-year period instead.^[6][36] Even after a set-aside, the conviction can be used as a prior for charging a second or subsequent offense.^[37]

Detailed guide: Expunging a domestic violence conviction and Automatic expungement and domestic violence.

Witnesses and court orders

Myth 11: "A spouse cannot be made to testify"

The belief. The spousal privilege lets a husband or wife refuse to testify against the other.

The law. In a criminal prosecution a spouse ordinarily cannot be examined for or against the other without the witness-spouse's consent, but that privilege does not apply in a case that grows out of a personal wrong or injury done by one spouse to the other.^[38] In People v Szabo, the Court of Appeals held that when the exception applies no spousal privilege exists at all, and the spouse may be compelled to testify.^[39] A subpoenaed witness who does not come to court can be held in contempt.^[40]

Detailed guide: Spousal privilege in domestic violence cases and Can a victim refuse to testify?

Myth 12: "If the protected person invites contact, the order does not apply"

The belief. A text saying "come over" from the person the order protects makes contact legal.

The law. A personal protection order restrains only the respondent. In a contempt proceeding the respondent's behavior is the only relevant consideration, and the person who holds the order is under no obligation to act in a certain way.^[41] A PPO stays in force until it expires or a judge terminates it; the petitioner can ask for that by motion at any time.^[42] A no-contact condition in a criminal case works the same way: the court has no jurisdiction over the witness, so the order restricts the defendant alone, and a release decision is changed by the court on a party's motion or its own initiative.^[43][44]

Detailed guide: When the protected person wants contact.

Myth 13: "You have 21 days to challenge a PPO"

The belief. A person served with a PPO has three weeks to ask for a hearing.

The law. The respondent's deadline is 14 days. A respondent may move to modify or terminate an ex parte PPO and request a hearing within 14 days after being served or receiving actual notice.^[7] A later motion is still possible, but it requires a showing of good cause.^[8] The 21-day period in the PPO rules belongs to the petitioner: it is the time to request a hearing after an ex parte request has been denied.^[45] A PPO is also enforceable from the moment a judge signs it, before it is served.^[46]

Detailed guide: How to fight or terminate a PPO and Served with a PPO: what to do.

Family court and firearms

Myth 14: "There is a custody presumption against a parent who committed domestic violence"

The belief. Michigan law presumes that a parent who committed domestic violence cannot have custody.

The law. Michigan has no such statutory presumption. The Child Custody Act treats domestic violence as one factor among twelve, and the "rebuttable presumption" language sometimes quoted comes from a national model code that the benchbook presents as guidance, not Michigan law.^[47] Domestic violence is best-interest factor (k), which the court weighs whether the violence was directed against or witnessed by the child.^[48]

Detailed guide: Domestic violence and child custody.

Myth 15: "A misdemeanor cannot cost you your gun rights, and after 8 years you are clear"

The belief. Only the most serious convictions affect firearm rights in Michigan, or the state waiting period settles the matter.

The law. Since February 13, 2024, a person convicted of a misdemeanor involving domestic violence may not possess a firearm or ammunition in Michigan until 8 years have passed.^[49][50] The 8 years start only when all fines are paid, all jail is served and all probation conditions are completed, not on the conviction date.^[51] Federal law is separate: the prohibition in 18 USC 922(g)(9) has no time limit; it ends only if the conviction is expunged, set aside or pardoned or civil rights are restored, or under a narrow 5-year rule for a single dating-relationship conviction.^[52]

Detailed guide: Michigan's 8-year gun ban and The federal gun ban.

All fifteen at a glance

What people say	What Michigan law provides
The victim can drop the charges	The prosecutor decides whether to prosecute.[1]
No victim testimony, no case	The case can proceed on other evidence.[12]
Arrest is mandatory	The statute says "may arrest"; agency policy is to favor arrest in most circumstances.[15][16]
There is a 20-hour hold	The statute states no number of hours.[17]
No injury, no case	Injury is not an element of assault.[3]
Only spouses and live-in partners count	Former spouses, dating partners, co-parents and former household members are covered.[22][23]
A third offense carries 2 years	It is a 5-year felony under MCL 750.81(5).[26]
A 10-year limitations period applies	The period is 6 years, not counting time living outside Michigan.[29][30]
A deferral erases everything	It still counts as a prior for a later domestic assault charge.[4]
It is expunged automatically or after 3 years	It is excluded from automatic set-aside, and the wait to apply is 5 years.[34][6]
A spouse cannot be made to testify	No privilege exists where the case grows out of a wrong done to the spouse.[39]
An invitation cancels the order	The order restrains only the respondent or defendant until a judge changes it.[41][42]
21 days to challenge a PPO	The respondent's deadline is 14 days; after that, good cause is needed.[7][8]
A custody presumption applies	Domestic violence is one best-interest factor; there is no statutory presumption.[47]
Misdemeanors do not affect gun rights	Michigan imposes an 8-year prohibition, and the federal prohibition has no end date.[50][52]

For someone facing a charge, acting on any of these beliefs can make things worse. The practical side is covered in Mistakes to avoid after a domestic violence charge, and the terms used here are defined in the glossary.