Is there a statute of limitation 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 for 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.
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.
Attorney Morris is trial lawyer who has been providing high-quality legal representation in the areas of state and federal criminal defense for more than 20 years. He’s known for his trial preparation by fellow attorneys, judges and clients alike. As a trial attorney, he’s dedicated to attaining justice in every case, and is always prepared to successfully take on complex legal issues. Barton and his law firm pride themselves on obtaining results for their clients that other attorneys cannot.
Not only does Barton Morris have extensive experience, he also engages in continuing legal education to provide the highest quality legal services. Barton has received specialized scientific training through the American Chemical Society, and is the only forensic lawyer-scientist in Michigan. He attended the prestigious Trial Lawyers College and serves on its Alumni Association Board of Directors. Barton Morris is also a board member of several distinguished legal associations including the Michigan Association of OWI Attorneys, and the DUI Defense Lawyer’s Association Justice Foundation. He’s also an active member of the National Association of Criminal Defense Attorneys and has graduated from their National Criminal Defense Trial College in Macon, Georgia.
Barton Morris is consistently chosen as a Top Lawyer of Metro Detroit and for DUI/OWI and criminal defense by DBusiness Magazine and Hour Magazine. He has also been chosen as a Super Lawyer in Criminal Defense.