Michigan Domestic Violence Laws, Penalties, and PPOs

Michigan domestic violence laws treat assault between people in a defined domestic relationship as a separate crime from ordinary assault, with escalating penalties, automatic firearm consequences, and protection-order remedies that can take effect within days of an arrest. A first offense is a misdemeanor carrying up to 93 days in jail, but a third conviction becomes a felony punishable by up to five years in prison, and certain conduct, like strangulation, can be charged as a felony from the start.

Who the Law Actually Covers

The domestic assault statute only applies when the two people involved share one of four defined relationships. If they don’t, the same physical act is charged as simple assault or assault and battery instead.¹

Current or former spouses, regardless of how long ago the marriage ended.
People who share a child, even if they never lived together or dated.
Current or former household members, including roommates and cohabiting partners.
Current or former dating partners, where the relationship involved frequent, intimate contact of a romantic nature. Casual acquaintances and business contacts don’t qualify.

Penalties by Offense Level

Michigan’s primary domestic assault statute uses a tiered structure. Prior convictions count toward the next tier, and convictions from other states count too if they involved assaulting a spouse, co-parent, household member, or dating partner.¹

First offense. Misdemeanor. Up to 93 days in jail, a fine of up to $500, or both.
Second offense. Still a misdemeanor, but the ceiling rises to one year in jail and a $1,000 fine.
Third or later offense. Felony. Up to five years in state prison and a $5,000 fine.

The jump from misdemeanor to felony at the third offense is written into the statute. It isn’t a decision the judge makes case by case.

When Injuries or Strangulation Raise the Stakes

If the assault causes serious or aggravated injury, Michigan charges it under a separate statute, and prior convictions aren’t required for the enhanced penalty. A first aggravated domestic assault is a misdemeanor with up to one year in jail and a $1,000 fine. With even one prior domestic assault conviction of any kind, it becomes a felony punishable by up to five years in prison and a $5,000 fine.²

Strangulation and suffocation are treated as a standalone felony carrying up to 10 years in prison and a $5,000 fine. The statute defines the conduct as intentionally impeding normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth. Prosecutors don’t have to prove the person lost consciousness or showed visible injuries.³

No-Contact Orders at Arraignment

After an arrest, the judge at arraignment usually imposes a no-contact order as a bond condition, often within 24 to 48 hours and well before any trial or conviction. The order typically bars the accused from contacting the alleged victim by any means, returning to a shared home, or coming within a set distance of the victim’s home or workplace.

The practical fallout can be immediate. The accused may be unable to retrieve belongings, see children who live with the other party, or coordinate on shared bills without going through a lawyer or third party. Violating a bond condition is itself a crime and can lead to re-arrest and revocation of bond. Courts generally keep these conditions in place even when the alleged victim asks for them to be lifted.

Personal Protection Orders

What a PPO Can Restrict

A domestic PPO can impose a wide range of restrictions tailored to the situation, so not every order includes every prohibition. The statute authorizes the court to bar the respondent from:⁴

Entering the petitioner’s home, workplace, or school.
Assaulting, threatening, or harassing the petitioner.
Purchasing or possessing firearms.
Removing minor children from the custodial parent.
Contacting the petitioner or interfering with their employment or schooling.
Stalking or engaging in conduct that causes a reasonable fear of violence.
Injuring, threatening, or taking an animal the petitioner owns.

Orders can also include a catch-all against any conduct that interferes with the petitioner’s personal liberty or causes a reasonable fear of violence.

How to File

Petitions are filed in the family division of the circuit court, and there is no filing fee for a domestic relationship PPO. The petitioner completes Form CC 375, which asks for the respondent’s name and address, the relationship between the parties, and a written explanation of why the order is needed. That explanation should include specific dates, locations, and descriptions of each incident. Vague statements about feeling unsafe are rarely enough on their own.

A judge can sign the order right away, without notifying the other party, if the petition shows that waiting for a hearing would cause immediate and irreparable harm, or that giving notice would prompt the respondent to act before the order could issue. That is called an ex parte order. Otherwise, the court schedules a hearing where both sides present evidence first.⁵

Once signed, the order has to be formally served on the respondent, usually by a law enforcement officer or process server, before most of its terms can be enforced against them.

Penalty for a Violation

Violating any term of a PPO is punishable as criminal contempt. A person 17 or older faces up to 93 days in jail and a $500 fine for the contempt itself, and that penalty stacks on top of any separate criminal charges arising from the same conduct. A new assault that violates a PPO results in both the contempt sanction and the assault charge.⁶

Enforcement in Other States

A Michigan PPO doesn’t lose force at the state line. Under the Violence Against Women Act, every state must recognize and enforce a valid protection order from any other state as long as the respondent received notice and an opportunity to be heard. The rule works both ways, so a protection order from another state is enforceable in Michigan. Anyone moving should carry a copy and provide it to local law enforcement in the new jurisdiction.⁷

Firearm Consequences

Firearm restrictions in a Michigan domestic violence case run on two tracks, and they often surprise defendants because they apply to misdemeanors, not just felonies.

On the state side, a judge can include a provision in any domestic PPO prohibiting the respondent from purchasing or possessing firearms for the life of the order. Whether to include it is a case-by-case call.⁴

Federal law goes further. Under 18 U.S.C. § 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence in any court is permanently barred from possessing, shipping, or receiving firearms or ammunition. The ban applies retroactively to convictions predating the 1996 statute and never expires. Even a first-offense Michigan domestic assault with a 93-day maximum triggers it.⁸

A separate provision, 18 U.S.C. § 922(g)(8), bars firearm possession by anyone subject to a qualifying domestic protection order. The order has to meet specific criteria: the respondent received actual notice and had an opportunity to participate in a hearing, the order restrains them from threatening or harassing an intimate partner or child, and the order either includes a finding of credible threat or explicitly prohibits the use of physical force. The U.S. Supreme Court upheld this provision in 2024.⁸

Violating either federal firearms prohibition is itself a felony punishable by up to 10 years in federal prison, prosecuted separately from any state case.⁹

The One-Time Deferral Under MCL 769.4a

Michigan offers a once-in-a-lifetime deferral that can keep a domestic assault charge off a person’s permanent record. To qualify, the accused must have no prior convictions for any assaultive crime, and both the prosecutor (after consulting the victim) and the accused must agree.

If the court approves, it holds off on entering a guilty verdict and puts the person on probation. Conditions can include mandatory counseling for violent behavior, substance treatment, and intermittent jail time of up to 12 months. The court has broad discretion in setting the terms.¹⁰

Successful completion gets the charges dismissed without a conviction. The court will enter a conviction immediately, however, if the person commits any assaultive crime during probation, skips mandatory counseling, or violates a no-contact order. Because the deferral is available only once, a second domestic assault charge always proceeds through standard prosecution.

One quiet detail matters here: even after a successful deferral, the Michigan State Police keep a nonpublic record. It can still surface in certain background checks and can affect firearm eligibility and professional licensing in ways that aren’t always obvious at sentencing.

Immigration Risk for Non-Citizens

A domestic violence case carries risks for non-citizens that go beyond the criminal penalties. Under federal immigration law, any non-citizen convicted of a “crime of domestic violence” after admission to the United States is deportable, regardless of visa or green card status. The rule has applied since September 30, 1996, and it reaches misdemeanors, not just felonies.¹¹

The 769.4a deferral is not a reliable workaround. Federal immigration authorities use their own definition of “conviction,” which can include cases where someone pleaded guilty and was placed on probation, even if the state court later dismissed the charges. If the deferral involved a guilty plea or an admission of facts sufficient for a finding of guilt, and the court imposed any form of punishment or restraint on liberty, immigration authorities may still treat it as a conviction. A later rehabilitative dismissal doesn’t erase that record for immigration purposes.¹²

Violating a protection order is an independent ground for deportation under the same federal statute, even without a new criminal conviction. For anyone who isn’t a citizen, talking to an immigration attorney before entering any plea or accepting a deferral is essential, because an outcome that looks favorable in state court can still start removal proceedings in immigration court.

Where Victims Can Get Help

The National Domestic Violence Hotline is available 24 hours a day at 1-800-799-7233. Michigan’s Department of Health and Human Services maintains a directory of local victim services, searchable by county through the state’s crime victim services page, including shelters, legal assistance, and counseling. Filing for a PPO doesn’t require an attorney, and many counties have court advocates who help with the paperwork at no cost.

1
Michigan Legislature. Michigan Code 750.81 – Assault or Assault and Battery
2
Michigan Legislature. Michigan Compiled Laws 750.81a – Assault, Infliction of Serious or Aggravated Injury
3
Michigan Legislature. Michigan Code 750.84 – Assault With Intent to Do Great Bodily Harm
4
Michigan Legislature. Michigan Code 600.2950 – Personal Protection Order
5
Michigan Courts. Petition for Personal Protection Order (Domestic Relationship)
6
Michigan Legislature. Michigan Code 600.2950a – Personal Protection Order
7
Office of the Law Revision Counsel. 18 USC 2265 – Full Faith and Credit Given to Protection Orders
8
Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts
9
Bureau of Alcohol, Tobacco, Firearms and Explosives. Protection Orders and Federal Firearms Prohibitions
10
Michigan Legislature. Michigan Code 769.4a – Deferral of Proceedings, Domestic Violence
11
Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens
12
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 12, Part F, Chapter 2 – Adjudicative Factors