Wayne County Council Against Family Violence
--- Domestic Violence: The Law

In Michigan, it is a crime for any person to beat, sexually assault or otherwise harm another person, whether or not they are married. The following definitions and laws relate to domestic violence cases between adults [child abuse encompasses another set of laws].

:: michigan's domestic violence statute » ::

Domestic Violence is an assault committed against a spouse, former spouse, person residing or having resided with offender or a person with whom the offender has had a child in common.

Defendant - a person charged with a crime.

Victim is an individual who suffers direct harm or threat of harm.

Assault is an attempted battery or an unlawful act which places another in reasonable apprehension of an immediate battery.

Battery is the forceful, violent or offensive touching of a person by another.

Aggravated Assault is an assault without a weapon, that inflicts serious or aggravated injury. Such injuries usually require medical attention.

Domestic Assault & Battery is a misdemeanor punishable by imprisonment for a maximum of 93 days in jail, a $500.00 fine, or both.

If the offender has been previously convicted of any domestic violence crime, the penalty increases to a maximum of one year in prison, a fine of $1,000.00, or both.

If the offender has two prior convictions of any domestic violence crime, the offense becomes a felony punishable by not more than two years imprisonment, a fine of $2,500.00, or both.

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Aggravated Domestic Assault is a misdemeanor punishable by imprisonment for not more than one year; a fine of not more than $1,000 or both, If the offender has one or more convictions for any domestic violence crime, the offender is guilty of a felony punishable by imprisonment for not more than two years, a fine of not more than $2,500 or both.

Felonious Assault is an assault upon another person involving a gun, revolver; pistol, knife, iron bar, club, brass knuckles or other dangerous weapon. Felonious Assault is a felony punishable by imprisonment for a maximum of four years, a fine of not more than $2,000 or both.

Criminal Sexual Conduct is an act of sexual assault occurring in the first, second, third or fourth degree. Criminal Sexual Conduct in the first and third degree are acts of sexual penetration and Criminal Sexual Conduct in the second and fourth degree are acts of sexual contact.

Depending on the circumstances, the penalty ranges from probation, to imprisonment for not more than two years, to any term of years, up to life.

Married Persons may be charged and convicted for criminal sexual conduct even though the victim is their legal spouse.

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Stalking is a willful course of conduct involving repeated [two or more] or continuing harassment or unconsented contact of another individual that would cause a reasonable person to suffer emotional distress, and would further cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested, and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested. Stalking consists of the following elements:

• Two or more willful acts
• Of unconsented contact
• That would cause a reasonable individual to suffer emotional distress
• That actually causes the victim to suffer emotional distress
• That would further cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested
• That actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested

Stalking is a misdemeanor, punishable by imprisonment for not more than one year, a fine of not more than $1,000.00, or both. The offender may be placed on probation for a term of not more than five years. If the victim is less than 18 years of age, and the defendant is at least 5 years older, the punishment is imprisonment for not more than 5 years, or a fine of $10,000.00, or both.

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Aggravated Stalking is a felony offense and occurs under any of the following circumstances:

• Violation of a served PPO or injunction
• Violation of probation, parole, pretrial release, or release on bond pending appeal
• Involves one or more credible threats of violence against the victim, the victim’s family, or a member of the victim’s household
• Offender previously convicted of Stalking or Aggravated Stalking
• Aggravated Stalking is a felony, punishable by imprisonment for not more than five years, a fine of not more than $10,000.00, or both. The offender may be placed on probation for minimum of five years or up to a lifetime. If the victim is less than 18 years of age, and the defendant is at least 5 years older, the punishment is imprisonment for not more than ten years, or a fine of $15,000.00, or both.

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Home Invasion [Breaking and Entering or Entering Without Owners Permission] is a felony offense involving a person who breaks and enters or who enters a dwelling without permission with intent to commit a felony, larceny, assault, or misdemeanor in the dwelling, or a person who breaks and enters a dwelling without permission and, at any time while entering, present in, or exiting the dwelling, commits a felony, larceny, assault, misdemeanor, or violates a PPO, Bond, Probation, or Parole condition.

Depending on the circumstances, the penalty ranges from probation, to imprisonment for not more than five years, up to not more than twenty years.

Arrest Without a Warrant can be made for a misdemeanor assault against a spouse, a former spouse, a person residing or having resided with the offender or a person with whom the offender has had a child in common, when the police officer has reasonable cause to believe that an assault has taken place or is taking place. The law provides that an offender arrested for a misdemeanor shall not be released on a personal or cash bond. The offender must be held until brought before a magistrate for arraignment. If a magistrate is not available within 24 house the offender shall be held for 20 hours. After 20 hours the offender can be released on a personal or cash bond.

The law authorizes judges to impose conditions on a defendant’s bail that are reasonably necessary to protect named persons The law authorizes a warrantless arrest of an offender when a police officer has reason to believe the offender is violating or has violated a condition of bond.

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Personal Protection Orders [PPOs] may be obtained by beginning an independent action or joining it with other actions to restrain or enjoin a spouse; former spouse; person with whom the petitioner has had a child in common; a person with whom the petitioner has or had a dating relationship; or a person residing or having resided in the same household as the petitioner.

The person obtaining a PPO is called petitioner. The person the PPO is against is called respondent.
The PPO restrains the offender from doing one or more of the following:

• Assaulting, attacking, beating molesting, or wounding a named individual
• Removing minor children from an individual having legal custody of the children, except as otherwise authorized by a custody or parenting time order issued by a court of competent jurisdiction.
• Entering onto premises
• Engaging in stalking conduct as prohibited under the law
• Threatening to kill or physically injure a named individual
• Interfering with petitioner’s efforts to remove petitioner’s children or personal property from premises that are solely owned or leased by the individual to be restrained or enjoined
• Interfering with petitioner at petitioner’s place of employment or engaging in conduct that impairs petitioner’s employment relationship or environment
• Any other specific act or conduct specified by the court in the PPO
• purchasing or possessing a firearm.

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A "dating relationship" is defined by the act as "frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context." It is the responsibility of the court to determine the eligibility of any petitioner before issuing a PPO.

The law mandates that the PPO shall be issued by the circuit court upon a finding of reasonable cause to believe the enjoined person may commit one or more of the prohibited acts.

The court may not refuse to issue a PPO solely due to the absence of a police report, a medical report, a report or finding by an administrative agency or physical signs of abuse or violence.

The Personal Protection Orders are immediately enforceable anywhere in the sate by any law enforcement agency that receives a true copy, is shown a copy of the true copy or has verified its existence in the Law Enforcement Information Network [LEIN]. The Personal Protection Orders may be personally served or by registered or certified mail return receipt requested, delivery restricted to addressee at the last known address or any other means provided by law.

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Forms are available through the County Clerk so that victims, on their own, can petition the court for a domestic violence or anti-stalking Personal Protection Order.

If you are worried about any of the following, make sure you:

• Show the judge any pictures of your injuries
• Tell the judge that you do not feel safe if the abuser comes to your home to pick up the children to visit with them
• Ask the judge to order the abuser to pick up and return the children at the police station or some other safe place
• Ask that any visits the abuser is permitted are at very specific times so the police will know by reading the court order if the abuser is there at the wrong time
• Tell the judge if the abuser has harmed or threatened the children; ask that visits be supervised; think about who could do that for you
• Get a certified copy of the court order
• Keep the court order with you at all times

Arrest Without a Warrant for a Personal Protection Order Violation can be made when police have reasonable cause to believe a violation of an order has occurred. An individual is in violation of an Personal Protection Order if he or she commits one or more of the following acts which the order specifically restrains the offender from committing:

A violation of the Personal Protection Orders terms subjects the offender to immediate arrest and to criminal contempt of court punishable by imprisonment for a maximum of 93 days, a fine of $500.00, or both.

Misdemeanor Cases and Violations of PPOs are not dismissed upon settlement or reconciliation between the victim and the dependent.

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Victim Services Information provides that police officers, after intervening in a domestic dispute, must provide the victim with a printed notice containing information about shelters and legal alternatives. They must also prepare a special domestic violence report which includes a description of the incident. This report is available to the victim upon request.

Victim Confidentiality provides that victims of sexual assault and domestic violence who seek the services of an employee or volunteer at a sexual assault or domestic violence crisis center have the protection of law that the counseling sessions are confidential and not admissible in a court without the victim’s written consent. The law defines confidential communication between a victim and a sexual assault or domestic violence counselor or volunteer as information transmitted to further the interests of the victim in connection with the rendering of advice, counseling or other assistance to the victim.

There are two exceptions to the victim confidentiality statute. First, upon a motion made by the defense, the court may review counseling records of a victim to determine if they should be mad available to the defense. Second, information obtained during counseling which indicates possible abuse or neglect of a child must be disclosed under provisions of the child protection law.

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The Crime Victim’s Rights Act establishes protections and rights that allow victims of certain crimes committed in Michigan to be active participants in the criminal justice process. Crimes covered by the act include felony and domestic violence crimes.

The Act provides that certain relatives of a deceased crime victim are eligible if the relative is not also the defendant.

The Act also provides victims of certain personal injury crimes financial compensation for particular losses that resulted from the crime.

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