Prior Acts of Domestic Violence as Evidence: MCL 768.27b

In most criminal trials, the prosecutor cannot tell the jury about other things the defendant is said to have done in order to suggest that the defendant is the kind of person who would commit the crime. Michigan makes an exception for domestic violence. Under MCL 768.27b, when a defendant is accused of an offense involving domestic violence, evidence of the defendant's commission of other acts of domestic violence is admissible for any purpose for which it is relevant, if it is not otherwise excluded under Michigan Rule of Evidence 403.^[1]

This page explains what the statute reaches, the time limit on older acts, the notice the defense receives, how judges apply Rule 403, and how the statute differs from the ordinary rule on other-acts evidence.

What makes this statute different: propensity

The general rule is Michigan Rule of Evidence 404(b). Evidence of any other crime, wrong, or act is not admissible to prove a person's character in order to show that on a particular occasion the person acted in accordance with that character. It may be admitted for another purpose, such as proving motive, opportunity, intent, a scheme or plan, knowledge, identity, absence of mistake, or lack of accident.^[7]

MCL 768.27b goes further. The Court of Appeals has said that under the statute "evidence of other acts of domestic violence is admissible, even to show propensity," and the Michigan Supreme Court has described the statute as expanding the admissibility of domestic-violence other-acts evidence beyond the scope permitted by Rule 404(b).^[2] In People v Mack the Supreme Court held that the statute does not infringe on the Court's own authority to establish rules of practice and procedure.^[8]

Which cases and which acts are covered?

As of October 2026, the statute applies in a criminal action in which the defendant is accused of an offense involving domestic violence, sexual assault, or a violation of the penal code chapters on prostitution and human trafficking. The other acts that may be offered are other acts of domestic violence, sexual assault, or acts constituting violations of those chapters.^[1]

"Domestic violence" here is broader than the crime of domestic assault. It means an occurrence of one or more of the following acts by a person that is not an act of self-defense:^[9]

• causing or attempting to cause physical or mental harm to a family or household member;^[9]
• placing a family or household member in fear of physical or mental harm;^[9]
• causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress;^[9]
• engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.^[9]

A "family or household member" is a spouse or former spouse, an individual with whom the person resides or has resided, an individual with whom the person has or has had a child in common, or an individual with whom the person has or has had a dating relationship.^[10] The dating relationship category is explained in What counts as a dating relationship, and the wider definition in What is domestic violence under Michigan law?

Three points follow from the text and the cases:

• The other act can involve a different person. In People v Railer, former girlfriends described threats and physical abuse during their relationships with the defendant.^[11] In People v Cameron, prior abuse of the complainant and of another former girlfriend was properly admitted.^[12]
• The other act need not match the charge. Prior acts of domestic violence can be admissible regardless of whether the acts were identical to the charged offense.^[13]
• Domestic violence and sexual assault cross over. In People v Berklund the Court of Appeals read the statute to allow evidence of a prior sexual assault in a prosecution for an offense involving domestic violence, and vice versa.^[14] See Sexual assault within marriage.

How the statute has changed

Date	Change
2006	The statute was added by 2006 PA 78. It applies to trials and evidentiary hearings commenced or in progress on or after May 1, 2006.[6]
March 17, 2019	2018 PA 372 took effect.[6] It expanded the admission of acts more than 10 years old to include certain sexual assaults, in addition to still allowing admission in the interest of justice.[15]
April 2, 2025	2024 PA 184 took effect.[6] The current text names the prostitution and human trafficking chapters of the penal code alongside domestic violence and sexual assault.[1]

Older articles, and some court opinions, describe the statute as it read before one or both amendments. Subsection numbers also moved: the definition of domestic violence, formerly in subsection (5)(a), is now in subsection (6)(a).^[15]

The 10-year limit and its four exceptions

Evidence of an act occurring more than 10 years before the charged offense is inadmissible under this section unless the court determines that one or more of the following apply:^[3]

1. The act was a sexual assault that was reported to law enforcement within 5 years of the date of the sexual assault.^[4]
2. The act was a sexual assault and a sexual assault evidence kit was collected.^[4]
3. The act was a sexual assault and the testing of evidence connected to the assault resulted in a DNA identification profile that is associated with the defendant.^[4]
4. Admitting the evidence is in the interest of justice.^[4]

For an older act of domestic violence that was not a sexual assault, only the fourth exception is available, and it is narrow. In People v Rosa the Court of Appeals held that prior acts more than 10 years old are admissible under the interest-of-justice exception only if the evidence is uniquely probative or if the jury is likely to be misled without it. Testimony there about abuse at least 16 years old was held inadmissible.^[16] Rosa was decided before the 2019 amendment that added the sexual-assault exceptions.^[15]

Note what the clock measures: the time between the other act and the charged offense, not the time between the other act and the trial.^[3]

Notice: at least 15 days before trial

If the prosecuting attorney intends to offer evidence under this section, the prosecutor must disclose the evidence, including the statements of witnesses or a summary of the substance of any testimony that is expected to be offered, to the defendant not less than 15 days before the scheduled date of trial, or at a later time as allowed by the court for good cause shown.^[5]

The same 15-day period applies to statements offered under MCL 768.27c.^[17] Evidence offered under Rule 404(b) instead calls for written notice at least 14 days before trial.^[18]

Rule 403: the judge's balancing test

The statute itself makes Rule 403 the safeguard.^[1] Under that rule a court may exclude relevant evidence if its probative value is substantially outweighed by a danger of unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence.^[19]

Michigan courts apply the rule in a particular way to this statute:

• Courts weigh the propensity inference in favor of the evidence's probative value rather than its prejudicial effect.^[20]
• Evidence that is merely damaging to the defense is not, for that reason, unfairly prejudicial.^[20]
• Under People v Cameron, the court first decides whether the evidence is unfairly prejudicial and then weighs its probativeness against that prejudice.^[12]

In Railer, for example, the court described the earlier behavior as clearly meeting the statutory definition of domestic violence, as having occurred within ten years of the charged offense, and as highly relevant to the defendant's tendency to assault the victim as charged.^[11]

Other rules of evidence still apply

The statute decides whether other acts may be used. It does not decide how they are proved. In People v Propp the Michigan Supreme Court held that MCL 768.27b does not limit or preclude consideration of the rule that hearsay is generally not admissible.^[21] So if the prosecution wants to prove an earlier incident through what someone said out of court, that statement needs its own path into evidence. See Hearsay and the right to confront your accuser.

The statute also leaves other routes open. It does not limit or preclude the admission of evidence under any other statute, rule of evidence, or case law.^[6] When evidence is offered under Rule 404(b) rather than the statute, the character bar applies in full: in Rosa, a former wife's testimony about old abuse was inadmissible under Rule 404(b) because its purpose was to show the defendant acted in conformity with the character shown in the prior acts.^[22]

What the jury is told

When other-acts evidence is admitted, the model instruction tells jurors two things. Before they may consider the evidence against the defendant, they must first find that the defendant actually committed the act or acts. And they must not convict the defendant solely because they think he or she is guilty of other bad conduct.^[23]

Can the defense use other acts too?

MCL 768.27b is written for evidence of the defendant's acts.^[1] Rule 404(b), by contrast, applies to the other acts of any person, such as a defendant, a plaintiff, or a witness, so the defense may offer a witness's other acts for a proper non-character purpose.^[24] A defendant may also offer evidence of his or her own pertinent character trait, which the prosecutor may then rebut.^[25] Where self-defense is claimed, jurors may consider evidence that the complainant committed violent acts in the past that the defendant knew about, in deciding whether the defendant honestly and reasonably feared for his or her safety.^[26] See Self-defense law in Michigan and Defenses to domestic violence charges.

Prior acts as evidence versus prior convictions as sentence enhancers

This statute is about what the jury may hear at trial. It is separate from the question of whether an earlier conviction raises the penalty for a new offense, which is covered in Second and third offense domestic violence. It is also separate from impeachment: a witness's truthfulness may be attacked with a prior conviction only if the crime contained an element of dishonesty or false statement, or an element of theft meeting further conditions.^[27]

What people get wrong

"Acts older than 10 years never come in." The statute has four exceptions.^[4]

"The only exception is the interest of justice." Effective March 17, 2019, the statute was amended to add exceptions for certain sexual assaults alongside the interest of justice.^[15][4]

How this evidence is presented alongside the rest of the case is covered in What happens at a domestic violence trial and What evidence is used in a domestic violence case.