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.
Barton Morris has been a well respected and premier attorney in Michigan for over 20 years. In every area of law he has practiced he has excelled to the top of his field always ensuring that his clients receive the highest and best level of service available. He is the principal attorney at the Law Office of Barton Morris which is comprised of a small number of attorneys all of whom share in his vision to improve the lives of their clients with superior service and exemplary results. When it comes to criminal defense, Barton’s reputation is stellar. He has been teaching lawyers all over the country as a faculty member of the DUI Defense Lawyer’s Association and as the President of the Michigan Association of OWI Lawyers. Barton is the only attorney in Michigan certified by the American Chemical Society as a Forensic-Lawyer Scientist. He is also the only criminal defense lawyer to present to the Forensic Science Division of the Michigan State Police at their annual conference. Barton was also the only chosen criminal defense attorney to present to the Michigan State Police’s Impaired Driving Commission on the issues of driving under the influence of marijuana. Regarding marijuana, he has also very well known and respected. Barton played an instrumental role in the legalization of adult use marijuana in Michigan with the successful Campaign to Regulate Marijuana Like Alcohol in November of 2018 (he was also part of the failed campaign in 2016). Barton is currently the chair-elect of the Cannabis Law Section of the State Bar of Michigan and will Chair that section in 2023-2024. He is the founder of the Cannabis Legal Group which has been delivering expert legal services to the commercial medical and AU industry since 2015. Barton has been named a Super Lawyer every year since 2015 and a Top Lawyer by DBusiness Magazine annually. He regularly appears as a guest legal commentator on Fox 2, Let it Rip, WXYZ, NPR, and WWJ. He is also regularly interviewed and quoted in the Detroit Free Press, Metro Times and MLive. But despite all of his accomplishments, he believes his most important are the amazing results he and his firm has and continue to obtain for his clients over the years.