Domestic violence in Michigan is a misdemeanor punishable by up to 93 days in jail and a fine of up to $500 for a first offense. A second offense carries up to 1 year, and a third or later offense is a felony with up to 5 years in prison. The charge is set by MCL 750.81.
Reviewed by Attorney Kevin Bessant, Law Office of Kevin Bessant & Associates. Last reviewed October 2026.
Domestic violence at a glance
| Charge | Assault or assault and battery against a spouse, former spouse, dating partner, co-parent, or household member, MCL 750.81(2) |
|---|---|
| First offense | Misdemeanor: up to 93 days in jail, a fine of up to $500, or both |
| Second offense | Misdemeanor: up to 1 year in jail, a fine of up to $1,000, or both (MCL 750.81(4)) |
| Third or later offense | Felony: up to 5 years in prison, a fine of up to $5,000, or both (MCL 750.81(5)) |
| Pregnant victim | Assault on a person the defendant knows is pregnant carries the same first-offense penalty (MCL 750.81(3)) |
The enhanced penalties depend on prior convictions for assault or assault and battery. A lawyer should review your record before you assume which tier applies.
How does a domestic violence case move through court?
- Arrest and arraignment. Bond conditions often include no contact with the complainant.
- Pretrial. Your lawyer reviews police reports, 911 audio, photos, and statements.
- Resolution by dismissal, plea, or trial.
What matters in the defense
- What actually happened. Self-defense and false or exaggerated accusations are common issues. See domestic violence defense.
- The evidence. Cases that rely only on the complainant’s statement can be difficult for the prosecutor to prove.
- The relationship. The prosecutor must prove the qualifying relationship the statute requires.
- Prior convictions. The prosecutor must prove any prior that raises the penalty.
Related pages: assault and battery and misdemeanor or felony offense.
Frequently asked questions
Is a first domestic violence charge a felony in Michigan?
No. A first offense under MCL 750.81(2) is a misdemeanor with up to 93 days in jail and a fine of up to $500.
When does domestic violence become a felony?
Under MCL 750.81(5), a person with two or more previous convictions for assault or assault and battery faces a felony with up to 5 years in prison.
Talk to a Detroit domestic violence attorney
Call Attorney Kevin Bessant at 313-658-8159 for a free consultation.
Legal Authority
See MCL 750.81 in the Michigan Legislature’s text. This page is general information, not legal advice.