DOMESTIC VIOLENCE

A domestic violence charge in Michigan can affect your freedom, your family, your home, your employment, your reputation, your finances, your right to possess firearms or ammunition, and your future. These cases often move quickly. Early decisions about bond conditions, police contact, evidence preservation, and communication with the complaining witness can have serious consequences.

The Law Offices of Gerald F. Chefalo represents people charged with domestic violence and related criminal offenses in Traverse City and throughout Northern Michigan, including Grand Traverse, Leelanau, Antrim, Benzie, Kalkaska, Charlevoix, Emmet, and Manistee Counties.

If you have been accused of domestic violence, do not try to handle the situation on your own. Do not contact the complaining witness if there is a no-contact order, bond condition, or personal protection order. Do not post about the case online. Do not try to explain the situation to police without first speaking with a lawyer.

Important: If the court ordered no contact, do not call, text, message, visit, or communicate through another person with the person named in the order. Call a lawyer before responding, even if the other person contacts you first.

Call 231-929-7744.

Quick Answer: What Should You Do After a Domestic Violence Arrest in Michigan?

If you are arrested or charged with domestic violence in Michigan, read your bond conditions carefully, obey any no-contact order, do not contact the complaining witness, do not post about the case online, and preserve evidence such as text messages, voicemails, photographs, videos, witness information, and court paperwork.

You should speak with a Michigan criminal defense lawyer before making statements to police, prosecutors, the court, or the complaining witness.

Michigan Domestic Violence Laws Commonly Involved in These Cases

Domestic violence is not always one single charge. Depending on the facts, a Michigan domestic violence case may involve several different statutes, court orders, or related allegations.

Common Michigan statutes and proceedings may include:

• MCL 750.81 — assault, assault and battery, and domestic assault
• MCL 750.81a — aggravated assault and aggravated domestic assault involving serious or aggravated injury
• MCL 750.411h — stalking
• MCL 750.411i — aggravated stalking
• MCL 750.84 — assault by strangulation or suffocation and assault with intent to do great bodily harm less than murder
• MCL 600.2950 — domestic-relationship personal protection orders
• MCL 600.2950a — stalking or nondomestic personal protection orders
• MCL 769.4a — deferred proceedings in certain eligible domestic assault cases
• MCL 750.224f — firearm and ammunition restrictions after certain convictions, including misdemeanor convictions involving domestic violence

The exact charge matters. So do the facts, the alleged relationship between the parties, whether an injury is alleged, whether there are prior convictions, whether children were present, whether a weapon is alleged, whether a PPO exists, and whether the accusation is connected to a divorce, custody dispute, breakup, housing issue, or ongoing family conflict.

Why Domestic Violence Cases Require Careful Handling

Domestic violence allegations often involve overlapping legal issues. A single incident may create a criminal case, bond conditions, a no-contact order, a PPO matter, a custody dispute, or a divorce-related issue.

The Michigan Judicial Institute Domestic Violence Benchbook recognizes that domestic violence issues commonly arise in criminal proceedings, personal protection order proceedings, and domestic relations proceedings. That overlap is one reason a domestic violence case should be handled with attention to both the immediate criminal charge and the possible collateral consequences.

A plea, statement, bond violation, PPO finding, or sentencing condition may affect more than the criminal case. It may also affect parenting time, custody, housing, employment, professional licensing, immigration status for noncitizens, and firearm or ammunition rights.

Domestic Violence Charges We Handle

The Law Offices of Gerald F. Chefalo represents clients charged with domestic violence and related offenses, including:

• Domestic assault
• Assault and battery involving a spouse, former spouse, dating partner, former dating partner, household member, or person with whom the accused has a child in common
• Aggravated domestic assault
• Stalking
• Aggravated stalking
• Violation of a personal protection order
• Violation of bond or no-contact conditions
• Harassment or threatening communications
• Malicious destruction of property
• Interference with or unlawful use of electronic communications
• Felonious assault
• Assault by strangulation or suffocation
• Assault with intent to do great bodily harm less than murder
• Child-related allegations connected to a domestic incident
• Probation violations involving domestic violence or no-contact conditions

Not every domestic violence-related case involves physical injury. Some cases involve allegations of repeated calls, texts, emails, social media messages, surveillance, unwanted appearances, threats, property damage, or violation of a court order.

Potential Penalties and Consequences

Penalties in domestic violence-related cases depend on the exact charge, prior record, facts, alleged injuries, court orders involved, and whether the offense is charged as a misdemeanor or felony.

A first domestic assault offense under Michigan law may be treated differently than a second or subsequent offense. Related charges such as stalking, aggravated stalking, felonious assault, assault by strangulation or suffocation, malicious destruction of property, PPO violations, or bond violations may carry different consequences.

Possible consequences may include:

• Jail
• Probation
• Fines and court costs
• Counseling or treatment
• Substance-use testing
• No-contact orders
• Exclusion from a home or residence
• Firearm and ammunition restrictions
• Restitution
• Immigration consequences for noncitizens
• Effects on custody or parenting time
• Employment, housing, or professional licensing consequences
• Probation violation exposure if the person is already on probation

Because consequences vary by charge and case history, the specific statute, facts, bond conditions, and prior record should be reviewed before any decision is made.

What To Do Immediately After a Domestic Violence Arrest

The first few days after a domestic violence arrest are important.

Many domestic violence cases involve bond conditions that restrict contact with the complaining witness, entry into a home, possession of firearms or ammunition, use of alcohol or controlled substances, travel, or other conduct. Violating those conditions can create new problems even if the original accusation is disputed.

If you have been released from jail or given court paperwork, read the bond conditions carefully. If you do not understand them, call an attorney before acting.

You should also preserve evidence as soon as possible. Helpful evidence may include:

• Text messages
• Voicemails
• Emails
• Social media messages
• Photographs
• Videos
• Doorbell-camera footage
• 911 recordings
• Dispatch recordings
• Police body-camera footage
• Dash-camera footage
• Medical records
• Witness names and contact information
• Location information
• Prior communications between the parties
• Divorce, custody, or PPO paperwork, if relevant

Evidence can disappear quickly. Recordings may be overwritten, messages may be deleted, and witnesses may become harder to locate. Early action can make a significant difference.

What Not to Do After a Domestic Violence Charge

Do not contact the complaining witness if the court has ordered no contact. This includes calls, texts, emails, social media messages, third-party messages, gifts, notes, or checking in through family or friends.

Do not return to a home, workplace, school, or other location if your bond conditions or a PPO prohibit it.

Do not ask someone else to contact the complaining witness for you.

Do not post about the case on Facebook, Instagram, TikTok, X, or any other platform.

Do not delete messages, photos, videos, or posts without first discussing evidence preservation with your attorney.

Do not assume the case will be dismissed just because the complaining witness later wants to reconcile or does not want to proceed. Once a police report is made and charges are authorized, the case is generally controlled by the prosecutor and the court.

How Domestic Violence Cases Are Defended

Every domestic violence case is different. Some cases involve disputed, incomplete, exaggerated, or false allegations. Some involve self-defense. Some involve mutual conflict. Some arise in the middle of divorce, custody, parenting time, PPO, or housing disputes. Some involve alcohol, mental health concerns, trauma, or relationship dynamics that require careful handling.

A defense begins with a careful review of the evidence and the legal issues. Depending on the facts, the defense may involve questions such as:

• What exactly is the accused alleged to have done?
• Was there an assault or battery under Michigan law?
• Is the complaining witness a person covered by the domestic assault statute?
• Were there visible injuries, photographs, or medical records?
• Were the statements consistent?
• What did the 911 call and dispatch records show?
• What did body-camera or dash-camera footage show?
• Were there independent witnesses?
• Was the accused acting in lawful self-defense?
• Was the accused falsely accused or overcharged?
• Was the incident connected to a custody, divorce, housing, or PPO dispute?
• Did police preserve all relevant evidence?
• Were statements obtained lawfully?
• Are there grounds to modify bond or no-contact conditions?
• Are dismissal, reduction, deferral, trial, or sentencing alternatives available?

The goal is to identify the legal and factual issues early, preserve helpful evidence, and develop a strategy that protects the client’s rights, family, employment, and future.

Bond Conditions and No-Contact Orders

Bond conditions are often one of the most immediate concerns in a Michigan domestic violence case. The court may order the accused to have no contact with the complaining witness, stay away from a residence, surrender firearms or ammunition, avoid alcohol or controlled substances, submit to testing, or comply with other conditions.

A no-contact order must be taken seriously. Even friendly or invited contact may violate a court order if the order remains in effect. A violation can lead to bond revocation, jail, new charges, or a worse position in the underlying case.

If a bond condition is creating a serious hardship involving housing, children, work, property, or necessary communication, speak with an attorney about whether a motion to modify bond is appropriate. Do not violate the order first and try to explain later.

Personal Protection Orders and Domestic Violence Cases

Domestic violence allegations may also involve a personal protection order, commonly called a PPO. A PPO is a separate court order that may restrict contact, location, communication, and other conduct.

Michigan law recognizes domestic-relationship PPOs and stalking or nondomestic PPOs. A domestic-relationship PPO may involve a spouse, former spouse, person with whom the parties have a child in common, person in a dating relationship, or person who lives or has lived in the same household. A stalking or nondomestic PPO may involve allegations of conduct prohibited by Michigan stalking or related statutes.

A criminal case and a PPO case can affect each other. Statements made in one proceeding may create problems in the other. If you have both a criminal domestic violence case and a PPO matter, it is important to coordinate the defense carefully before filing documents, appearing in court, or making statements.

Is a First-Offense Domestic Violence Deferral Available in Michigan?

In some Michigan domestic assault cases, a person may be eligible for a deferred proceeding under MCL 769.4a. This is sometimes called a domestic violence deferral.

A deferral is not automatic. It depends on the charge, prior record, statutory eligibility, the prosecutor’s position, the court, and the facts of the case. If granted, the court may place the person on probation with conditions. If the person successfully completes probation, the case may be discharged and dismissed without a public conviction. If the person violates probation, the court may enter a conviction and proceed to sentencing.

A deferral can be a valuable option in the right case, but it is not the right strategy for every client. Some cases should be contested. Some should be negotiated. Some require trial. The decision should be made only after reviewing the evidence, the risks, and the client’s goals.

Domestic Violence and Family Law Consequences

Domestic violence allegations can affect more than the criminal case. They may also affect divorce, custody, parenting time, housing, firearm and ammunition possession, employment, professional licensing, and immigration consequences for noncitizens, if applicable.

If there is an active custody, divorce, support, or PPO matter, it is important to understand how the criminal case may affect those proceedings. A plea, statement, bond violation, or PPO finding can have consequences beyond the criminal courtroom.

Stalking, Harassment, and Communication-Based Allegations

Not every domestic violence-related case involves physical contact. Some cases involve allegations of repeated calls, texts, social media messages, emails, surveillance, unwanted appearances, threats, or conduct alleged to be stalking or harassment.

Michigan stalking law focuses on a course of conduct, which generally involves a pattern of conduct made up of two or more separate noncontinuous acts. Aggravated stalking may involve additional circumstances, such as a credible threat, violation of a court order, violation of a probation condition, or prior stalking-related conviction, depending on the facts and charge.

These cases require careful review of the timeline, the content of the communications, the relationship between the parties, any prior warnings or court orders, and whether the prosecution can prove the required elements under Michigan law.

If you are accused of stalking, harassment, threatening communications, interfering with or unlawfully using electronic communications, or violating a PPO or no-contact order, do not send another message. Save the evidence and speak with an attorney first.

Firearm and Ammunition Issues in Domestic Violence Cases

Domestic violence charges, bond conditions, PPOs, and convictions can create firearm-related consequences. Depending on the charge, court order, PPO terms, conviction status, and applicable state or federal law, a person may be restricted from possessing firearms or ammunition.

Michigan law restricts firearm and ammunition possession after certain felony convictions. Michigan law also restricts firearm and ammunition possession after a conviction for a misdemeanor involving domestic violence under MCL 750.224f. Depending on the conviction and statutory requirements, that restriction may continue until eight years after required conditions are satisfied, including payment of fines, service of imprisonment, and successful completion of probation.

Federal law may impose additional firearm restrictions in some domestic violence cases.

Do not assume you know what is allowed. If firearms are involved, discuss the issue with an attorney before possessing, transferring, storing, retrieving, or attempting to purchase any firearm or ammunition.

Local Domestic Violence Defense in Northern Michigan Courts

Domestic violence cases are handled differently depending on the county, judge, prosecutor, facts, prior record, available court resources, and procedural posture of the case. Local procedures, bond practices, no-contact terms, treatment requirements, and sentencing expectations can vary.

The Law Offices of Gerald F. Chefalo represents clients in Traverse City and throughout Northern Michigan, including:

• Grand Traverse County
• Leelanau County
• Antrim County
• Benzie County
• Kalkaska County
• Charlevoix County
• Emmet County
• Manistee County

Domestic violence cases may be handled in district court or circuit court depending on the charge and procedural stage. These cases require attention to both Michigan law and the practical realities of the court handling the case.

Talk to a Traverse City Domestic Violence Defense Attorney

A domestic violence arrest is not the same as a conviction. The prosecution still has the burden of proof, and the evidence should be examined carefully before decisions are made.

Gerald F. Chefalo represents clients charged with domestic assault, aggravated domestic assault, stalking, PPO violations, bond violations, harassment-related offenses, and other domestic violence-related crimes throughout Northern Michigan.

If you have been arrested, charged, served with a PPO, or told that police want to speak with you, call before you talk.

Call The Law Offices of Gerald F. Chefalo at 231-929-7744.