BLOOMFIELD HILLS, MI - A domestic violence charge in Michigan carries serious short- and long-term consequences, but state law provides multiple paths that may allow eligible defendants to avoid a permanent conviction. Oakland County domestic violence attorney Paul J. Tafelski of Paul J. Tafelski, Michigan Defense Law (https://www.michigandefenselaw.com/blog/can-people-recover-from-a-domestic-violence-charge/) outlines how deferred sentencing, expungement, and counseling programs can help those facing such allegations protect their future.
According to Oakland County domestic violence attorney Paul J. Tafelski, Michigan Compiled Laws (MCL) 750.81(2) defines domestic assault as an assault or assault and battery against a spouse, former spouse, person sharing a child in common, a current or former household member, or someone in a dating relationship. The statute does not require a visible injury for a charge to apply. "Many people charged with domestic violence have no prior criminal history and often find themselves arrested after a single heated moment," Tafelski explains. "Michigan law allows officers to arrest on probable cause alone, which is why the circumstances surrounding the incident matter so much."
Oakland County domestic violence attorney Paul J. Tafelski notes that penalties escalate sharply with each subsequent offense. A first conviction under MCL 750.81 is a misdemeanor carrying up to 93 days in jail and a fine of up to $500. A second conviction increases the maximum to one year in jail and a $1,000 fine. A third offense becomes a felony under MCL 750.81(5), punishable by up to five years in prison and a $5,000 fine. Aggravated domestic assault under MCL 750.81a applies where the victim sustains a serious injury.
Attorney Tafelski emphasizes that MCL 769.4a provides a one-time opportunity for certain first-time defendants to avoid a permanent conviction through deferred sentencing. To qualify, the defendant must have no prior assaultive-crime convictions and must plead guilty, with the consent of both the prosecutor and the court. If granted, the court places the defendant on probation, typically for 12 to 24 months, with conditions that may include a batterer's intervention program, a no-contact order, and regular check-ins with a probation officer.
The firm notes that successful completion of probation allows the court to dismiss the proceedings without entering a judgment of guilt. Michigan law still permits the Department of State Police to retain a nonpublic record of the arrest and disposition, and the deferral under MCL 769.4a can be used only once. A violation of probation terms, such as committing another assaultive offense or violating a no-contact order, can result in revocation of the deferral and entry of a conviction.
Tafelski points out that a domestic violence conviction can affect far more than liberty. Employers routinely run background checks, and convictions may disqualify applicants from positions involving child care, education, nursing, law enforcement, or the handling of firearms. Courts may consider a conviction when determining child custody, landlords may refuse rental applications, and under federal and Michigan law, a person convicted of a misdemeanor crime of domestic violence may lose the right to possess firearms.
"Expungement under Michigan's Clean Slate Law offers another path forward, but eligibility is specific," Tafelski observes. A first-offense misdemeanor domestic violence conviction may be set aside by application, generally after a waiting period of at least five years from the latest of sentencing, completion of probation, or discharge from any term of imprisonment. The Oakland County Clean Slate Program, administered through Michigan Works!, provides free expungement assistance, though wait times can exceed 120 days due to high demand.
Attorney Tafelski advises that practical steps, such as hiring experienced counsel early, complying with every court order, and voluntarily participating in counseling before the court orders it, can meaningfully influence outcomes. Bloomfield Hills and the 48th District Court, as well as the Circuit Court in Pontiac, handle a significant share of these cases in the region.
For those facing a domestic violence charge in Michigan, acting promptly and working with an experienced defense attorney may help preserve eligibility for deferred sentencing and protect long-term employment, custody, and firearm rights.
About Paul J. Tafelski, Michigan Defense Law:
Paul J. Tafelski, Michigan Defense Law is a Bloomfield Hills-based firm dedicated to criminal defense across Oakland County and throughout Michigan. Led by attorney Paul J. Tafelski, the firm represents clients at the 48th District Court, the Circuit Court in Pontiac, and district courts throughout the county. For consultations, call (248) 451-2200.
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