Isabella County Prosecuting Attorney

Michigan law defines domestic violence as an assault or assault and battery by a spouse, former spouse, person residing or having resided in the same household as the victim, or person having a child in common with the victim.

Statutes:

Domestic Assault [MCL 750.81]

Under this statute, the victim need not be injured. Criminal penalties are:

1st conviction (misdemeanor): Up to 93 days in jail and/or $500 fine

2nd conviction (misdemeanor): Up to 1 year in jail and/or $1000 fine

3rd conviction (felony): Up to 2 years in prison and/or $2500 fine

Aggravated Domestic Assault [MCL 750.81a]

Under this statute, the victim must receive serious or aggravated injuries (requiring medical attention). Criminal penalties are:

1st conviction (misdemeanor): Up to 1 year in jail and/or $1000 fine

2nd conviction (felony): Up to 2 years in prison and/or $2500 fine

Batterer Characteristics (including, but not limited to):

*Low self-esteem

*Blames others for their actions

*Tries to control victim

*Comes from violent family; may have been abused as a child

*Assaults verbally as well as physically

*Explosive temper

*Tries to isolate the victim from friends and family

*Jealous

*Denies beatings or the severity of beatings

*Will do whatever it takes to get victim back after an assault, only to repeat cycle.

As the victim, can I drop the charges if I change my mind?

No. It is up to the Prosecutor who is in charge of the case. We are looking out for the interests of everyone involved, not just the victim but also any children involved and the community as a whole. It is necessary that the abuser take responsibility for his/her actions.

*You are not alone. For support in issues of domestic violence, contact Women's Aid Services at (989) 772-9168.

For more information, or if you have questions, please call our office at (989) 772-0911 ext. 311

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