Your Right to a Lawyer in a Michigan Domestic Violence Case and How Court-Appointed Counsel Works

A person charged with domestic violence in Michigan has the right to a lawyer at every court proceeding, and in a misdemeanor case a person who cannot afford one has the right to an appointed lawyer whenever the court determines it might impose a jail sentence, even a suspended one.^[5][1] A first-offense misdemeanor domestic assault carries up to 93 days in jail.^[6]

This page explains where the right comes from, how Michigan decides who is "indigent," how to ask for an appointed lawyer, and what it means to give the right up.

Where does the right come from?

The U.S. Supreme Court held in Alabama v Shelton that no person may receive an actual or suspended jail sentence for any offense, including a misdemeanor, unless the person was represented by counsel at trial or knowingly and intelligently waived representation.^[7] Michigan's Indigent Defense Commission Act directs the commission to implement standards guaranteeing the right of indigent defendants to counsel under the Sixth Amendment and article 1, section 20 of the Michigan Constitution.^[8]

The court rules put that into practice in both trial courts:

Court	What the rule says
District court (misdemeanors)	At arraignment the defendant must be informed of the right to the assistance of an attorney at all court proceedings, including arraignment, and of the right to an appointed attorney when eligible.[5]
District court (misdemeanors)	An indigent defendant has a right to an appointed attorney whenever the offense requires a minimum jail term on conviction or the court determines it might sentence to a term of incarceration, even if suspended.[1]
Felony arraignment	The court must advise the defendant of entitlement to a lawyer's assistance at all court proceedings and to a lawyer at public expense if the defendant wants one and is financially unable to retain one.[3]

Does the right apply to a misdemeanor domestic assault?

Yes, on the terms the rule sets. The district court rule ties the right to appointed counsel to the possibility of incarceration, "even if suspended."^[1] If an indigent defendant is without an attorney and has not waived the right to an appointed attorney, the court may not sentence the defendant to jail or to a suspended jail sentence.^[1]

There is a second reason counsel matters in domestic cases. Michigan increases the penalty for a second domestic assault, and under the court rules a conviction obtained without counsel from a defendant who was entitled to appointed counsel and did not waive it may not be used to enhance a later charge or sentence.^[9][10] How priors raise the charge is explained in second and third offense domestic violence.

Who counts as indigent?

The standard is set by statute, MCL 780.991. A defendant is considered indigent if he or she is unable, without substantial financial hardship to himself or herself or to dependents, to obtain competent, qualified legal representation on his or her own.^[2]

When hardship is presumed

Substantial financial hardship is rebuttably presumed if the defendant:^[2]

• receives personal public assistance, including under the food assistance program, temporary assistance for needy families, Medicaid, or disability insurance;^[2]
• resides in public housing;^[2]
• earns an income less than 140% of the federal poverty guideline;^[2]
• is currently serving a sentence in a correctional institution or is receiving residential treatment in a mental health or substance abuse facility.^[2]

"Rebuttably presumed" means the presumption can be overcome by other information about the person's finances.

If you are above those lines

A defendant who does not fall below the presumptive thresholds is not automatically turned away. The statute calls for a more rigorous screening to determine whether the person's particular circumstances, including the seriousness of the charges, monthly expenses, and local private counsel rates, would result in a substantial hardship if he or she had to retain private counsel.^[11]

The factors considered include income or funds from employment or any other source, property the defendant owns or has an economic interest in, outstanding obligations, the number and ages of dependents, employment and job training history, and level of education.^[11]

Partial indigency

A person who is not fully indigent may be found partially indigent. In that case the indigent criminal defense system determines the amount of money the defendant must contribute to his or her defense, and that determination is subject to judicial review.^[12]

Bond does not disqualify you

A common worry is that paying bond, or having a relative pay it, shows the person can afford a lawyer. The court rule says otherwise: the ability to post bond for pretrial release does not make the defendant ineligible for appointment of a lawyer.^[3]

As of October 2026, the official text of MCL 780.991 carries a notice that the section is amended effective October 1, 2027.^[2] The standard described here is the one in force now; it should be rechecked after that date.

How do you ask for a court-appointed lawyer?

1. Say so at your first appearance. Trial courts must assure that each criminal defendant is advised of the right to counsel, and all adults other than those appearing with retained counsel or those who have made an informed waiver must be screened for eligibility.^[8] The indigency determination must be made not later than the defendant's first appearance in court.^[11]
2. Complete the financial screening. The defendant is responsible for applying for indigent defense counsel and for establishing indigency and eligibility.^[4] Where the local funding unit has designated an appointing authority under its indigent defense compliance plan, the court refers the defendant there for screening.^[3]
3. Answer truthfully. Statements the defendant makes that are material to indigency must be made under oath or an equivalent affirmation.^[4]
4. Ask for review if you are turned down. The determination may be reviewed at any other stage of the proceedings, and the statute calls for objective standards that include prompt judicial review of an indigency determination made by the defense system.^[11][12]

Practical preparation helps: bring recent pay stubs or proof of benefits, a rough list of monthly expenses and debts, and the names and ages of the people you support. Who runs the screening, and what form is used, differs from county to county; the court clerk or the local public defender or assigned counsel office can say how it works in that court. County pages in this library, such as Kent County domestic violence courts, describe local courts.

When does the lawyer start?

Counsel must be assigned as soon as an indigent adult is determined to be eligible.^[8] Under the arraignment rule, an arrested person is entitled to the assistance of an attorney at arraignment unless the person makes an informed waiver of counsel, or the court issues a personal bond and will not accept a plea of guilty or no contest at that hearing.^[13] The Court of Appeals upheld the state standard providing for counsel at arraignment.^[13]

One of the principles the statute sets for the state's standards is continuity: the same defense counsel continuously represents and personally appears at every court appearance throughout the case, although systems may exempt ministerial, nonsubstantive tasks and hearings.^[8] Whether the lawyer present at arraignment stays on the case depends on the local system. What happens at the hearing is covered in the domestic violence arraignment and how to prepare for an arraignment.

Can you waive the right and represent yourself?

Yes, but only knowingly. In district court, the right to the assistance of an attorney, to an appointed attorney, or to a jury trial is not waived unless the defendant has been informed of the right and has waived it in a writing that is made part of the file or orally on the record. If the defendant has not waived the right to counsel, the court must refer the matter to the appointing authority for the assignment of counsel.^[14]

Three points are worth weighing before signing a waiver at a first-offense arraignment:

• Michigan increases the penalty for a domestic assault committed by a person with a prior qualifying assault conviction.^[9] Under the court rule, a conviction may not be used to enhance a later charge or sentence where the defendant was entitled to appointed counsel and neither had a lawyer nor waived the right; a conviction entered after a valid waiver has no such protection.^[10]
• A self-represented defendant does not necessarily get to question the complaining witness personally. In 2026 the Court of Appeals upheld a trial court that applied MRE 611(a) to prevent a self-represented defendant from personally cross-examining his former girlfriend at his trial for assault with intent to murder her.^[15]
• A conviction can carry consequences beyond the sentence. See Michigan's 8-year gun ban and guilty versus no contest pleas.

People under 18

Juvenile cases have their own statute. In a delinquency proceeding the court must advise the child of the right to an attorney at each stage, and must appoint one in several situations, including when the child's parent is the complainant or victim.^[16] That provision applies when a minor is accused of assaulting a parent who is the complainant. See when the accused is under 18.

What people get wrong

"It is only a misdemeanor, so there is no right to a lawyer." The right to appointed counsel applies whenever the court might impose incarceration, even a suspended term.^[1]

"I made bond, so I do not qualify." The ability to post bond does not make a defendant ineligible.^[3]

"You have to be on public assistance to qualify." Public assistance creates a presumption, but people above the presumptive lines are screened on their actual circumstances, including local private counsel rates and the seriousness of the charges.^[2][11]

"An old plea without a lawyer always counts as a prior." Not if the defendant was entitled to appointed counsel and neither was represented nor waived the right.^[10]

For the choice between appointed and retained counsel, see court-appointed lawyer versus hiring a lawyer, Do I need a lawyer for a domestic violence charge?, questions to ask a defense lawyer and resources for people accused of domestic violence.