Michigan's Domestic Violence or Domestic Assault Law PDF Print E-mail
Monday, 02 June 2008

Below is listed Michigan's Assault statute which includes sections that apply to Domestic Assault. As you can see initial penalties for assaulting any other person are the same as for the type of assault considered Domestic Assault. However, the way in which the courts handle these cases are remarkably different, and the statute provides for greater penalties for additional convictions for Domestic Assault.

Lets take a look at the law regarding "simple" Domestic Assault in Michigan: 

First of all what is considered Domestic Assault?

  1. Obviously, there must be an assault. Michigan Law defines a criminal assault and battery as an attempt or offer to do bodily injury with a present intention and ability to do so. Assault is an attempt or threat, with unlawful force, to inflict bodily injury upon another, accompanied by the apparent present ability to carry out the intent if not deterred by another. A threat coupled with present ability may be considered an assault. Battery is the actual physical harm. Remember, this is an immediate threat. A threat of a future harm even if it is only minutes away might not be considered assault. 
  2. Second, this assault must be against a person defined in the statute, and those are:
  • A spouse or former spouse
  • An individual with whom he or she has or has had a dating relationship. Which is later defined 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 2 individuals in a business or social context."
  • An individual with whom he or she has had a child in common
  • A resident or former resident of his or her household

Here is the full Michigan Law regarding "simple" Domestic Assault from the Michigan Legislature website:

750.81 Assault and battery; penalties; applicability to individual using necessary reasonable physical force in compliance with § 380.1312 of the revised school code; “dating relationship” defined.

Sec. 81.

(1) Except as otherwise provided in this section, a person who assaults or assaults and batters an individual, if no other punishment is prescribed by law, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(2) Except as provided in subsection (3) or (4), an individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.

(3) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has previously been convicted of assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, may be punished by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both:

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

(b) Section 81a, 82, 83, 84, or 86.

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

(4) An individual who commits an assault or an assault and battery in violation of subsection (2), and who has 2 or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household, under any of the following, is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $2,500.00, or both:

(a) This section or an ordinance of a political subdivision of this state substantially corresponding to this section.

(b) Section 81a, 82, 83, 84, or 86.

(c) A law of another state or an ordinance of a political subdivision of another state substantially corresponding to this section or section 81a, 82, 83, 84, or 86.

(5) This section does not apply to an individual using necessary reasonable physical force in compliance with section 1312 of the revised school code, 1976 PA 451, MCL 380.1312.

(6) As used in this section, “dating relationship” means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.

 
[ Back ]