Like many other states, Michigan makes acts of domestic violence criminal offenses. The two primary crimes of domestic violence are domestic assault and domestic assault and battery. The two terms are given identical legal treatment and are basically interchangeable. They are really just modifications of pre-existing assault/assault and battery offenses based on the victim being a spouse or in a dating relationship with the perpetrator.

Domestic assault/domestic assault and battery is a misdemeanor punishable by 93 days in jail and a $500 fine (The same as non-domestic assault/battery). If the victim suffers a severe or aggravated injury, then the penalty is bumped up to 1 year in jail and a $1000 fine.

However, if one is convicted of domestic assault/battery and has one of several enumerated domestic or non-domestic violence crimes; then the possible sentence will be enhanced to 1 year in jail and a $1000 fine. In the case of an otherwise non-domestic violence crime, the enhancement only applies if the victim was a spouse, dating partner, co-parent, or former household resident. The enumerated prior domestic violence crimes are as follows:

• Assault

• Assault and Battery

• Felonious Assault

• Assault with intent to commit murder, maim, or cause great bodily harm

• A conviction in another state that is substantially similar to any of the crimes listed above.

Keep in mind that none of these crimes are specifically “domestic violence crimes” aside from the relationship between the victim and perpetrator that makes this enhancement applicable. Even if a domestic violence event was charged with the standard assault/battery charge (rather than a Domestic assault/battery charge), it still counts.

If there are two or more of these prior charges, then the new domestic violence charge can be enhanced to two years in prison and a $2500 fine. For additional information, click here.

Click here to download your free Domestic Violence E-book.

In Michigan civil court, a plaintiff who has suffered domestic violence can seek compensation for lost wages, medical expenses, as well as pain and suffering depending on which causes of action are brought against their abuser.

The amount you could be awarded for pain and suffering is somewhat subjective. It is based on the amount that is determined to fairly account for the suffering inflicted on the plaintiff. As such, it is quite helpful to have an attorney who can research similar lawsuits and compare what kind of damages those plaintiffs received.

If your damages are not at least $6000, consider whether or not this lawsuit will cost you more than you could get in return. You should also be aware that small claims court (which excludes attorneys for both parties) is not available in intentional injury cases.

Michigan law also allows for exemplary damages. Exemplary damages are similar to punitive damages which are available in other states (but have been abolished in Michigan). Exemplary damages are available to compensate for humiliation and other non-physical harms that result from the defendant’s willful and malicious actions.

The person seeking punitive damages does not have to provide direct evidence that they suffered such harms. They only need to persuade the judge or the jury that these are the sorts of harms that a reasonable person would expect to result from such egregious conduct.

Unfortunately, Michigan law does not allow plaintiffs in intentional injury lawsuits to sue for attorney’s fees. This is why it is important to make sure the reasonable damages are not to cover the fees and costs. For additional information, click here.

Click here to download your free Domestic Violence E-book.

This is an extremely important issue.

You can and should ask for an ex-parte order. This temporary emergency order will protect without the need to have a hearing or inform your abuser. If you don’t get an ex-parte order, not only will you have to serve notice on your abuser, but a hearing will be scheduled. In that hearing, your abuser will be allowed to testify and to contest your protection order. If the judge denies your request for an ex-parte order, you can schedule a hearing within 21 days for a standard protection order.

Either way, the order becomes effective the moment the judge signs it. The order itself will state that it is effective immediately and enforceable anywhere in Michigan or the United States. It will list the prohibited actions and the consequences of violating the order. It will also contain the expiration date of the order as well as the law enforcement agency that will be enforcing it. For additional information, click here.

Click here to download your free Domestic Violence E-book.

This is likely to be a case of domestic violence, so you might consider getting a Personal Protection Order (PPO) against that person.

It is committed by someone with whom you share a domestic relationship. A domestic relationship can be any one of the following:

• A spouse or other family member

• The unmarried parent of your child

• Someone you are living with or have lived with previously

• Anyone you have ever been romantically involved with

For additional information, click here.

Click here to download your free Domestic Violence E-book.

Protection orders targeting military personnel are affected by similar regulations as other domestic issues in a military context. In that military context, PPO’s are called civilian protection orders (CPO). There are also MPOs which protect military personal from someone else.

What happens if my domestic abuser is in the military?

He will enjoy certain procedural protections to prevent unfairness against a person who might be posted out of state or overseas. This is especially crucial for a service member because a PPO might bar them from owning or carrying firearms. It may also result in lost pay, the inability to re-enlist, or even a discharge from the military.

These due process regulations allow the service member to request a 90 day (three month) stay on the hearing if military duty prevents him from attending it. It also allows them to request that the court reopen a case with a default judgement if certain requirements are met (see section on military divorce). A CPO is just as effective on a military base as it is anywhere else. For additional information, click here.

Click here to download your free Domestic Violence E-book.

Yes, especially if you have ever been a victim or a perpetrator of domestic violence. Under Michigan law, the police may perform a warrantless arrest of anyone if they have probable cause that domestic violence has occurred, or if they have reason to believe that person is subject to a PPO and has subsequently violated that protection order in some way.

However, this warrantless arresting authority is only valid for the following suspected PPO violations:

• Entering a protected premises

• Attacking the petitioner (the person protected by the PPO)

• Threatening to kill or harm the petitioner

• Removing a minor child from  their legal custodian

• Purchasing or owning a firearm

• Preventing the petitioner from removing their children or personal property from any premises owned or leased by the person restricted by a PPO

• Interfering with the petitioner at their work or school

• Stalking

This is something important to keep in mind if you are concerned about a potential hostile encounter with your abuser or if you have a record of abuse and suspect that you may be going into a situation where you may have a less than cordial encounter with the party at the other end of that particular incident.

If someone is arrested for violating the terms of a PPO, they could be charged with criminal contempt, which carries a max sentence of 93 days in jail and a $500 fine. For additional information, click here.

Click here to download your free Domestic Violence E-book.

Yes, especially if you have ever been a victim or a perpetrator of domestic violence. Under Michigan law, the police may perform a warrantless arrest of anyone if they have probable cause that domestic violence has occurred, or if they have reason to believe that person is subject to a PPO and has subsequently violated that protection order in some way.

However, this warrantless arresting authority is only valid for the following suspected PPO violations:

• Entering a protected premises

• Attacking the petitioner (the person protected by the PPO)

• Threatening to kill or harm the petitioner

• Removing a minor child from their legal custodian

• Purchasing or owning a firearm

• Preventing the petitioner from removing their children or personal property from any premises owned or leased by the person restricted by a PPO

• Interfering with the petitioner at their work or school

• Stalking

This is something important to keep in mind if you are concerned about a potential hostile encounter with your abuser or if you have a record of abuse and suspect that you may be going into a situation where you may have a less than cordial encounter with the party at the other end of that particular incident.

If someone is arrested for violating the terms of a PPO, they could be charged with criminal contempt, which carries a max sentence of 93 days in jail and a $500 fine.For additional information,click here.

Click here to download your free Domestic ViolenceE-book.

Yes, especially if you have ever been a victim or a perpetrator of domestic violence. Under Michigan law, the police may perform a warrantless arrest of anyone if they have probable cause that domestic violence has occurred, or if they have reason to believe that person is subject to a PPO and has subsequently violated that protection order in some way.

However, this warrantless arresting authority is only valid for the following suspected PPO violations:

• Entering a protected premises

• Attacking the petitioner (the person protected by the PPO)

• Threatening to kill or harm the petitioner

• Removing a minor child from ��their legal custodian

• Purchasing or owning a firearm

• Preventing the petitioner from removing their children or personal property from any premises owned or leased by the person restricted by a PPO

• Interfering with the petitioner at their work or school

• Stalking

This is something important to keep in mind if you are concerned about a potential hostile encounter with your abuser or if you have a record of abuse and suspect that you may be going into a situation where you may have a less than cordial encounter with the party at the other end of that particular incident.

If someone is arrested for violating the terms of a PPO, they could be charged with criminal contempt, which carries a max sentence of 93 days in jail and a $500 fine.��For additional information,��click here.

Click here to download your free Domestic Violence��E-book.

Michigan is a no-fault divorce state, which means you can fairly easily get a divorce without having to wait for domestic violence to break out between you and your spouse. All you need to show is that the marital relationship has become broken beyond repair (although violence breaking out between spouses is a pretty good indicator of a breakdown).

It is highly advisable to seek a legal separation (a temporary stopgap prior to a final divorce) and consider the merits of a divorce if the relationship with your spouse becomes particularly hostile and contentious. For additional information, click here.

Click here to download your free Domestic Violence E-book.

A history of domestic violence is one of many factors that courts take into consideration when deciding child custody in the wake of a divorce. As one might expect, the domestic abuser is frequently disadvantaged by this factor. They would be highly unlikely to receive sole legal custody (and less likely to get shared custody).

That being said, by no means would is it a guarantee that all custody and access to the child would cut off. The most probable scenario is that they would be permitted to have supervised parenting time.

The primary focus of any custody proceeding is to ensure the best interests of the child. Any other factor, including the well-being of either parent or the perception of fairness, is strictly secondary. A history of domestic violence will be weighed in the context of how such a history might make it more or less likely that a parent with such a history

Keep in mind that custody is decided holistically based on a broad array of factors. A parent seeking to make amends for a history of abuse or to be a better parent to their children could certainly take steps to help their own case. Some helpful steps and factors include, but are not limited to:

• Proof or history of the parent having a capacity to love and nurture the child

• Having the means to provide for the child’s material well-being

• Having a civil relationship with the other parent in spite of any rocky history between them

• Proof that the parent has managed to remain peaceful and law abiding for a significant amount of time.

• Voluntarily participating in some form of mediation or counseling in the wake of a domestic violence incident

• A verbal or written statement from the other parent attesting to your virtues and qualifications as a parent.

As for child support, the story is a little different. Unlike the issue of custody, domestic abuse is not a factor that the judge is required to take into consideration. Issues of child support are intended to ensure the best interest of the child. More specifically, it is intended to share the financial cost of providing for the child’s needs.

As such, it will never be used to compensate the other parent for any of their needs, not as a way to “ensure fairness”. Unless domestic violence has caused injuries to the child or imposed medical expenses on the other parent, it is unlikely to play a factor in determining the amount a parent owes in child support.

A judge in family court has very broad discretion. Even where the law requires the judge to take a history of domestic violence into consideration, they are still free to make just about any decision they please. It is entirely within their purview to grant joint custody if they believe that doing so is in the child’s best interest. For additional information, click here.

Click here to download your free Domestic Violence E-book.