Definitions of Domestic Violence - Michigan

Date:

Defined in Domestic Violence Civil Laws

Citation: Comp. Laws § 400.1501

'Domestic violence' means the occurrence of any of the following acts by a person that is not an act of self-defense:

  • Causing or attempting to cause physical or mental harm to a family or household member
  • Placing a family or household member in fear of physical or mental harm
  • Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress
  • Engaging in activity toward a family or household member that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested

Defined in Child Abuse Reporting and Child Protection Laws

This issue is not addressed in the statutes reviewed.

Defined in Criminal Laws

Citation: Comp. Laws §§ 750.81; 750.81a

An individual who assaults or assaults and batters his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household is guilty of a misdemeanor.

An individual who commits an assault or an assault and battery and who has two or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of his or her household is guilty of a felony.

An individual who assaults his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household without a weapon and inflicts serious or aggravated injury upon that individual without intending to commit murder or to inflict great bodily harm less than murder is guilty of a misdemeanor.

An individual who commits an aggravated assault and battery and who has one or more previous convictions for assaulting or assaulting and battering his or her spouse or former spouse, an individual with whom he or she has or has had a dating relationship, an individual with whom he or she has had a child in common, or a resident or former resident of the same household is guilty of a felony.

Persons Included in the Definition

Citation: Comp. Laws § 400.1501

'Family or household member' includes any of the following:

  • A spouse or former spouse
  • An individual with whom the person resides or has resided
  • An individual with whom the person has or had a dating relationship
  • An individual with whom the person is or has engaged in a sexual relationship
  • An individual to whom the person is related or was formerly related by marriage
  • An individual with whom the person has a child in common
  • The minor child of an individual described above

'Dating relationship' means frequent, intimate associations primarily characterized by the expectation of affectional involvement. 'Dating relationship' does not include a casual relationship or an ordinary fraternization between two individuals in a business or social context.