What "Domestic Violence" Means Under Michigan Law

Michigan has no single crime called "domestic violence." The Michigan Court of Appeals has put it this way: domestic violence "is not a specific crime, but a description of circumstances surrounding a violent crime in which the perpetrator and the victim have a preexisting relationship that may be categorized as a 'domestic' relationship."^[1] What a person is actually charged with is an assault, an assault and battery, an aggravated assault, stalking, or some other offense.^[1]

That is why the phrase means slightly different things in different places. This page sorts out the three ways Michigan law uses it: as a written definition, as a relationship test attached to the assault statutes, and as a label on a wider family of charges. It then points to the guides that cover each topic in depth.

If you are in danger, call 911. Michigan's statewide VOICES4 Hotline takes calls and texts at 1-855-864-2374.^[8][9] The National Domestic Violence Hotline can be reached by calling 1-800-799-SAFE (7233), by texting "START" to 88788, or by live chat, and describes its service as free, confidential, and available 24/7.^[10]

Where Michigan law defines "domestic violence" in words

The written definition is in the Domestic Violence Prevention and Treatment Act. MCL 400.1501(d) says domestic violence is the occurrence of any of the following acts by an individual "that is not an act of self-defense":^[3]

• Causing or attempting to cause physical or mental harm to a family or household member.^[3]
• Placing a family or household member in fear of physical or mental harm.^[3]
• Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.^[3]
• Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.^[3]

The same statute lists who is a "family or household member." The list has seven categories: a spouse or former spouse; a person the individual resides with or has resided with; a person in a current or past dating relationship; a person in a current or past sexual relationship; a person related or formerly related by marriage; a person with a child in common; and the minor child of any of those people.^[11]

This definition does not create a crime or set a punishment. It was written for the state Domestic and Sexual Violence Prevention and Treatment Board, and other statutes then borrow it by reference, including the child abuse statute, the pretrial release statute, and the self-defense presumption statute.^[4]

The criminal test: an assault plus a listed relationship

In an assault case, the provision behind the phrase "charged with domestic violence" is MCL 750.81(2). That subsection covers a person who assaults or assaults and batters one of four kinds of people:^[2]

1. The person's spouse or former spouse.^[2]
2. Someone with whom the person has or has had a dating relationship.^[2]
3. Someone with whom the person has had a child in common.^[2]
4. A resident or former resident of the person's household.^[2]

A prosecutor has to prove two things beyond a reasonable doubt: that the accused assaulted, or assaulted and battered, the complainant, and that the complainant was in one of those relationships with the accused.^[12] The first part is explained in Assault vs. battery in Michigan. The second part is explained in Who is covered: the domestic relationship.

The two lists are not the same. The assault statute has four relationship categories; MCL 400.1501 has seven, adding sexual relationships, relatives by marriage, and minor children.^[11][2] A relative who has never shared a household with the accused and fits none of the other three categories is not on the assault statute's list, although an assault on that person is still a crime under MCL 750.81(1).^[13]

Which charges carry the domestic violence label?

The benchbook written for Michigan judges states that "any crime can be an act of domestic violence if perpetrated as a means of controlling another person who is a family or household member."^[14] In practice, a smaller group of offenses is written with the domestic relationship built in.

Offense	Statute	Where to read more
Domestic assault or assault and battery, a misdemeanor on a first offense[2]	MCL 750.81(2)	Domestic assault: MCL 750.81 explained
Aggravated domestic assault, where a serious or aggravated injury is inflicted without a weapon[15]	MCL 750.81a(2)	Aggravated domestic assault
Stalking between people in a domestic relationship, a misdemeanor[16]	MCL 750.411h(2)(c)	Stalking law in Michigan
Malicious use of a telecommunications service between people in a domestic relationship, a misdemeanor[17]	MCL 750.540e(1)(h)	Malicious use of telecommunications
Malicious destruction of personal property at the misdemeanor level, between people in a domestic relationship[18]	MCL 750.377a(1)(d), (f)	Property damage in a domestic dispute
Illegal entry where the person in control of the dwelling is in a domestic relationship with the accused, a misdemeanor[19]	MCL 750.115(2)	Home invasion and an ex-partner's home
Fourth-degree vulnerable adult abuse by a caregiver in a domestic relationship with the victim, a misdemeanor[20]	MCL 750.145n(5)	Vulnerable adult abuse

The last five rows are recent. The history lines of those statutes show they were amended by 2023 PA 199, effective February 13, 2024.^[5] The domestic versions carry the same jail and fine as the ordinary versions; what changes is that a conviction becomes a "misdemeanor involving domestic violence."^[5][16]

Some serious charges that can arise between partners have no domestic version at all. Felonious assault is one: the relationship is not an element of that crime.^[21] The same conduct can still be described as domestic violence, and a felonious assault conviction against a person in a domestic relationship counts as a prior if a domestic assault is charged later.^[22] See Felonious assault in a domestic setting and Assault by strangulation.

What the label changes in a case

Because the relationship is part of the charge, it sets off rules that do not apply to an ordinary assault.

• Arrest. A peace officer may arrest for a violation of MCL 750.81 or 750.81a without a warrant, even if the offense was not committed in the officer's presence, when there is reasonable cause to believe the violation occurred and the suspect has one of the four relationships with the victim.^[23] Police may not release the person on an appearance ticket.^[24] See What happens when police respond to a domestic call.
• Repeat-offense penalties. A second domestic assault is punishable by up to 1 year, and a third is a felony punishable by up to 5 years.^[25][26] See Second and third offense domestic violence.
• Firearms. A person convicted of a misdemeanor involving domestic violence may not possess a firearm or ammunition in Michigan until 8 years after paying all fines, serving all terms of imprisonment, and successfully completing all conditions of probation.^[6] See Michigan's 8-year gun ban.
• Deferral. A person with no previous assaultive-crime conviction who pleads guilty to or is found guilty of domestic assault may, with the consent of the accused and of the prosecuting attorney in consultation with the victim, be placed on probation without entry of a judgment of guilt.^[27] See The MCL 769.4a deferral explained.
• Victim rights. A violation of MCL 750.81, including domestic violence, is a "serious misdemeanor" under the Crime Victim's Rights Act.^[28] See Crime victim rights in domestic violence cases.

Is domestic violence a misdemeanor or a felony?

It depends on the charge and the person's record. A first domestic assault is a misdemeanor with a maximum of 93 days in jail, a $500 fine, or both.^[2] A third offense is a felony with a maximum of 5 years in prison, a $5,000 fine, or both.^[26] Assault by strangulation or suffocation is a felony punishable by up to 10 years.^[29] The full list is in the Michigan domestic violence penalties chart, and the dividing lines are explained in Misdemeanor vs. felony domestic violence.

What people get wrong

"I was charged with domestic violence." The charge is assault or assault and battery under MCL 750.81(2), or another offense, with a relationship element added.^[1][2] Knowing the actual statute and subsection matters, because the penalty depends on it.

"It only counts if we live together or are married." Former spouses, former dating partners, and former household members are covered.^[30] The spouse and child-in-common categories apply whether or not the two people ever lived in the same household.^[31]

"It only applies to couples." The household category applies to anyone who lived in a household with the victim at or before the time of the assault, "regardless of the victim's relationship with the offender." The Court of Appeals applied it to a 16-year-old accused of assaulting her mother.^[32]

"The person who called the police can drop it." In Michigan the prosecutor alone has authority to decide whether to prosecute.^[33] See Can the victim drop domestic violence charges?

"Verbal abuse is domestic violence, so it is a crime." The MCL 400.1501 definition is broad, reaching mental harm and fear, but it is a definition and not a criminal offense.^[3][4] Whether words alone amount to a crime depends on a specific criminal statute. See Is verbal or emotional abuse a crime? and Are threats a crime in Michigan?

Where to go next in this guide

If you want the law itself, start with the walk-through of MCL 750.81 and the legal glossary. If a court order is the concern, Personal protection orders explained covers PPOs, which a person asks for by petition to the family division of circuit court rather than through a criminal charge.^[34] If you are looking for help or safety planning, see Where to get help in West Michigan.