Michigan Laws on Sentencing for a Third Offense for Domestic Violence
- All states, including Michigan, have specific domestic violence laws to protect partners from hurting each other. Domestic violence includes assault by a spouse, ex-spouse, people who have a child in common or those who cohabited. Stalking also falls under the umbrella of domestic violence and includes violating a restraining order, injunction or condition of release; or threatening a victim or family member. The Michigan State Legislature provides a comprehensive informational online brochure which includes domestic violence shelter contact information. (See Resource 1.)
- In the state of Michigan, a third domestic violence offense can result in fines of up to $2,500. For stalking offenses, the fines can range from $10,000 to a maximum of $15,000 for stalking a minor.
- Michigan can also penalize the offender with a maximum of two years in prison for a third domestic violence assault. For stalking, the penalty can range from five years to a maximum of 10 years in prison for stalking a minor.
- Probation, or placement under community supervision instead of a prison term, may be an option in some cases. A probation officer will monitor the offender's compliance with no contact orders and attendance at counseling, along with other standard probation terms.
- Diversion programs for batterers address specific issues related to domestic violence. Effective domestic violence treatment programs address power and control issues along with personal accountability for choices. Anger management, couples counseling or mediation counseling do not qualify as appropriate programs.
- In the state of Michigan, as of 2010, all victim-related crimes are assessed a crime victim assessment fee: $20 for juvenile offenders, $50 for misdemeanors and $60 for felonies.
- Mandatory no contact orders or orders of protection will be enforced for a third domestic violence offense in the state of Michigan.