Domestic Violence Laws in Michigan: A Brief Overview
Introduction
Domestic violence is a serious issue affecting countless individuals and families across Michigan. Understanding the laws surrounding domestic violence is crucial for everyone, regardless of their educational background. In this article, we’ll explore Michigan’s domestic violence laws, referencing the Michigan Compiled Laws (MCL) and providing clear explanations.
What is Domestic Violence?
Domestic violence refers to harmful actions committed by one family or household member against another. These actions can take various forms, including physical harm, threats, intimidation, and sexual assault. Let’s delve into the specifics.
MCL 750.81: The Domestic Violence Statute
Michigan’s domestic violence law is found within the assault crime statutes under MCL 750.811. This statute defines domestic violence as any act that causes physical or mental harm to a family or household member, places them in fear of harm, or forces them into involuntary sexual activity. It encompasses a wide range of behaviors, all of which are considered criminal offenses.
Key Provisions of MCL 768.27b
Admissibility of Evidence
In criminal cases involving domestic violence or sexual assault, evidence of the defendant’s commission of other acts of domestic violence or sexual assault is admissible if relevant. This means that past behavior can be used as evidence in court proceedings. However, there are exceptions and limitations:
- Disclosure: If the prosecuting attorney intends to offer such evidence, they must disclose it to the defendant at least 15 days before the trial.
- Time Limit: Evidence of acts occurring more than 10 years before the charged offense is generally inadmissible unless specific conditions apply.
- Definitions: The statute defines terms like “domestic violence” and “family or household member.”
Definitions
- Domestic Violence: Includes causing harm, inducing fear, or engaging in activities that terrorize, intimidate, or harass a family or household member.
- Family or Household Member: This term encompasses spouses, former spouses, cohabitants, and individuals with shared children.
Here are some key points related to domestic violence offenses in Michigan:
Admissibility of Evidence: In a criminal action where the defendant is accused of an offense involving domestic violence or sexual assault, evidence of the defendant’s commission of other acts of domestic violence or sexual assault is admissible for any relevant purpose, unless otherwise excluded under Michigan rule of evidence 403. This means that prior acts of domestic violence or sexual assault can be considered as evidence in such cases.
Disclosure Requirements: If the prosecuting attorney intends to offer evidence under this section, they must disclose the evidence, including witness statements or summaries of expected testimony, to the defendant at least 15 days before the scheduled trial date or later if allowed by the court for good cause.
Time Limit on Admissible Acts: Evidence of an act occurring more than 10 years before the charged offense is generally inadmissible under this section. However, there are exceptions, such as when the act was a sexual assault reported to law enforcement within 5 years of the assault, or if DNA evidence is associated with the defendant1.
Definition of Domestic Violence: “Domestic violence” includes acts such as causing physical or mental harm to a family or household member, placing them in fear of harm, or engaging in involuntary sexual activity by force, threat, or duress. A “family or household member” can be a spouse, former spouse, or someone with whom the person resides or has a child in common1.
Remember that this is a summary, and if you need more detailed information, it’s always best to consult the actual legal statutes or seek legal advice from a professional attorney.
Do it right the first time, Because it’s almost impossible to get a second – once you’re in the system. Get a good lawyer.
5 FAQs about domestic violence laws in Michigan:
What constitutes domestic violence in Michigan?
Domestic violence in Michigan includes any act that causes physical or mental harm to a family or household member, places them in fear of harm, or forces them into involuntary sexual activity. This can involve physical violence, threats, intimidation, or other harmful behaviors.
Who qualifies as a “family or household member” under Michigan law?
The term “family or household member” encompasses spouses, former spouses, cohabitants, and individuals with shared children. It extends to those living together or who have lived together in the past.
What is the admissibility of evidence in domestic violence cases?
Evidence of the defendant’s commission of other acts of domestic violence or sexual assault is admissible if relevant. However, there are rules regarding disclosure, time limits, and definitions. Past behavior can be used as evidence in court proceedings.
Where can I find the full text of Michigan’s domestic violence statute?
You can refer to the Michigan Compiled Laws (MCL) Section MCL 750.81 for more details on domestic violence offenses.
What resources are available for victims of domestic violence in Michigan?
Victims can seek help from local organizations, shelters, and law enforcement agencies. The Michigan Domestic Violence Benchbook provides valuable information for victims and professionals.
