Is there a statute of limitations on domestic violence in Michigan? The answer is yes, but it depends on the exact charges and circumstances of every individual incident.
But let’s start with the basics.
Domestic violence as described by the state of Michigan:
“A pattern of learned behavior in which one person uses physical, sexual, and emotional abuse to control another person against a household or family member.”
Unlike assault and battery cases, domestic violence cases involve those with special, abusive relationships.
Facing domestic violence charges or have a Personal Protection Order (PPO) against you? Unhappy with your current attorney? Request a free consultation now.
What are the special relationships defined in domestic abuse cases?
Under Michigan law, domestic violence is an assault or assault and battery by an abusive partner such as a:
- spouse or former spouse (sometimes called “intimate partner violence”)
- person residing or having resided in the same household as the victim
- person having a child in common with the victim
- person with whom he/she has or has had a dating relationship
What is domestic violence?
According to the Michigan State Police, domestic violence can consist of the following abusive behaviors:
Physical Violence/Physical Abuse
- Pushed, shoved or kicked
- Slapped or bitten
- Strangled
- Hit or punched
- Locked out of your home
- Denied help when ill, injured or pregnant
- Weapon used against you
- By physical force, not being allowed to leave
- Objects thrown at you
- Abandoned in a dangerous situation
Emotional and Psychological Abuse
- Threatened harm to you, your family or your pets
- Beliefs, race, heritage, class, religion, or sexual orientation ridiculed
- Manipulated with lies and contradictions, controlling behavior
- Being convinced you are to blame for the abuse
- Stalked
Sexual Violence
- Forced to have sex or watch sexual acts
- Forced to perform sexual acts or have sexual acts performed on you
- Forced to dress more sexually than you wish
- Forced to have sex after a physical assault, when you are ill or as a condition of the relationship
Facing domestic violence charges or have a Personal Protection Order (PPO) against you? Unhappy with your current attorney? Request a free consultation now.
Statute of Limitations on Domestic Violence Cases in Michigan
In Michigan, there is a criminal statute of limitations on domestic violence cases.
Since most first-time domestic violence offenses are misdemeanors, the statute of limitations expires six years after an offense is committed.
However, an indictment may be filed within 10 years after an offense on a minor is committed.
It can also be filed by the alleged victim’s 21st birthday (whichever is later) for the following crimes:
- Child abuse
- Kidnapping
- Sex offenses such as criminal sexual conduct (750.520c, 750.520d and 750.520e) and assault with intent to commit criminal sexual conduct
What protections are available for victims?
The alleged victim can file for the following legal protections against the accused, such as:
- Domestic Relationship Personal Protection Order (PPO)
- Non-domestic Stalking PPO
While having a PPO against you isn’t a criminal charge on its own and doesn’t show up on your criminal record, it can affect your freedom in numerous ways.
How does Michigan law classify domestic violence?
Although other states have various degrees of domestic violence, Michigan isn’t one of them.
Michigan uses two classifications; domestic assault and aggravated domestic assault.
Hiring a Domestic Violence Attorney
Domestic violence is a very serious charge to face. To better understand the statute of limitations on domestic violence in Michigan and to defend yourself against penalties, you need an adept attorney.
Your career, home, livelihood and more is at risk during this type of criminal proceeding.
This is why it is extremely important to hire a criminal defense attorney who specializes in domestic violence cases.
If you don’t, your future is most certainly on the line.
Facing domestic violence charges or have a Personal Protection Order (PPO) against you? Unhappy with your current attorney? Request a free consultation now.
If this is an emergency, call the National Domestic Violence Hotline at 1-800-799-7233 or 911.