Can People Recover from a Domestic Violence Charge?

A domestic violence charge in Oakland County does not have to define the rest of your life. Michigan law provides several paths to recovery, including deferred sentencing under Michigan Compiled Laws (MCL) 769.4a, expungement through Michigan’s Clean Slate Law, and counseling programs that can lead to a dismissal. However, the penalties for a conviction are serious, and the long-term consequences can affect employment, custody, housing, and firearm rights.

At Michigan Defense Law, Oakland County criminal defense attorney Paul J. Tafelski represents individuals charged with domestic violence throughout the county. Paul J. Tafelski has defended hundreds of clients from arraignment through jury trial and understands how local courts handle these cases. Our domestic violence lawyer can help protect your rights while working toward the most favorable outcome.

This guide explains what Michigan law defines as domestic violence, what penalties you may face, how the deferred sentencing process works, whether expungement is available, and what steps you can take to move forward after a charge. Call Michigan Defense Law at (248) 451-2200 to speak with Paul J. Tafelski about your case.

What Does Michigan Law Define as Domestic Violence?

Under MCL 750.81(2), domestic assault occurs when a person commits an assault or assault and battery against a spouse, former spouse, someone who shares a child in common, a current or former household member, or someone with whom they have or had a dating relationship. The victim does not need to sustain a visible injury for the charge to apply.

Michigan recognizes two levels of domestic violence. A standard domestic assault charge under MCL 750.81 applies when no serious injury occurs. Aggravated domestic assault under MCL 750.81a applies when the victim suffers a serious or aggravated injury, such as one requiring immediate medical treatment.

Because the charge can result from a wide range of situations, many people who face domestic violence accusations have no prior criminal history. A heated argument, a misunderstanding, or a moment of poor judgment can lead to an arrest, especially since Michigan law allows officers to arrest based on probable cause alone, even without witnessing the incident.

What Are the Penalties for a Domestic Violence Conviction in Michigan?

Michigan imposes escalating penalties based on the number of prior domestic violence convictions a person has. The consequences increase significantly with each subsequent offense.

First-Offense Domestic Assault

A first conviction for domestic assault under MCL 750.81 is a misdemeanor. The court may impose up to 93 days in jail, a fine of up to $500, or both. Probation is common and may include conditions such as mandatory counseling, no-contact orders, and community service.

Second-Offense Domestic Assault

A second domestic assault conviction remains a misdemeanor but carries enhanced penalties. The court may sentence the defendant to up to one year in jail, a fine of up to $1,000, or both. Judges tend to impose stricter conditions for repeat offenses.

Third or Subsequent Offense

A third domestic assault conviction becomes a felony under MCL 750.81(5). This carries a penalty of up to five years in prison and a fine of up to $5,000. 

Offense Level	Classification	Maximum Jail/Prison	Maximum Fine
1st Offense (MCL 750.81)	Misdemeanor	93 days in jail	$500
2nd Offense (MCL 750.81)	Misdemeanor	1 year in jail	$1,000
3rd+ Offense (MCL 750.81)	Felony	5 years in prison	$5,000
1st Aggravated (MCL 750.81a)	Misdemeanor	1 year in jail	$1,000
2nd Aggravated (MCL 750.81a)	Felony	5 years in prison	$5,000

Can a First-Time Domestic Violence Charge Be Deferred in Michigan?

Michigan law provides a one-time opportunity for certain first-time domestic violence defendants to avoid a permanent conviction through deferred sentencing under MCL 769.4a. This is one of the most important tools available for someone looking to recover from a domestic violence charge.

To qualify for deferred sentencing, the defendant must not have any prior convictions for an assaultive crime. The defendant must also plead guilty to the domestic violence charge. Both the prosecuting attorney, in consultation with the victim, and the court must consent to the deferral.

If the court grants the deferral, it does not enter a judgment of guilt. Instead, the court places the defendant on probation for a period that typically ranges from 12 to 24 months. Probation conditions often include participation in a batterer’s intervention program or other counseling, compliance with a no-contact order, and regular check-ins with a probation officer.

What Happens After Probation Under MCL 769.4a?

If the defendant successfully completes all probation requirements without any violations, the court may discharge the defendant and dismiss the proceedings without entering a judgment of guilt. That means the case does not result in a conviction, but Michigan law still allows the Department of State Police to retain a nonpublic record of the arrest, court proceedings, and disposition. The deferral under MCL 769.4a can be used only once.

If the defendant violates the terms of probation, particularly by committing another assaultive crime, violating a no-contact order, or failing to attend mandatory counseling, the court may revoke the deferral. At that point, the court enters a conviction and proceeds to sentencing.

Domestic Violence Attorney in Oakland County – Michigan Defense Law

Paul J. Tafelski, Esq.

Paul J. Tafelski has practiced criminal defense law in Michigan for over 20 years. He earned his Juris Doctor from the Detroit College of Law at Michigan State University and is admitted to practice in all state and federal courts in Michigan. He is a member of the Michigan Bar Association, American Bar Association, Criminal Defense Lawyers of Michigan, and the Oakland County Bar Association.

Paul J. Tafelski has been recognized by SuperLawyers from 2011 to 2013 and from 2017 to 2026. He was also named a Leading Lawyer in 2017. His career includes successfully defending hundreds of clients from arraignment through jury trial, with a focus on achieving results that allow clients to move forward with their lives.

How Does a Domestic Violence Conviction Affect Employment?

One of the most significant long-term consequences of a domestic violence conviction is its effect on employment. The conviction stays on your criminal record unless it is set aside through expungement, and employers routinely run background checks on applicants.

Certain professions are particularly affected. Positions that involve child care, education, nursing, law enforcement, and handling of firearms or dangerous materials may become unavailable to someone with a domestic violence conviction on their record. Professional licenses in fields like teaching, healthcare, and law may be revoked or denied.

Even outside of licensed professions, many employers conduct background checks as a standard part of the hiring process. A domestic violence conviction can disqualify candidates from positions they would otherwise be qualified to hold. This is especially true in competitive job markets where employers have multiple applicants to choose from.

Impact Beyond Employment

A domestic violence conviction can also affect other areas of life:

• Child custody: Courts may consider a domestic violence conviction when determining custody arrangements. A convicted parent may face restrictions on parenting time, particularly if the offense involved a child.
• Housing: Landlords may refuse to rent to individuals with a domestic violence conviction. In some cases, a defendant may be required to vacate a shared residence even before the case is resolved.
• Firearm rights: Under both federal and Michigan law, a person convicted of a misdemeanor crime of domestic violence may lose the right to possess firearms.
• Loans and financial matters: Some lenders consider criminal history in their approval process, and the financial burden of fines, counseling costs, and lost employment can compound quickly.

Key Takeaway: A domestic violence conviction can limit employment options, affect custody decisions, restrict firearm ownership, and create housing and financial difficulties. Avoiding a conviction through deferred sentencing or other legal strategies may be critical to protecting your future.

Can a Domestic Violence Charge Be Expunged in Michigan?

Michigan’s Clean Slate Law, which took effect in stages beginning in 2021 with automatic expungement beginning on April 11, 2023, expanded access to criminal record expungement across the state. Under these laws, certain domestic violence convictions can be set aside, but the eligibility rules are specific and include important limitations.

A first-offense misdemeanor domestic violence conviction may be eligible to be set aside by application. Because domestic violence is treated as a serious misdemeanor for expungement purposes, the waiting period is generally at least 5 years from the latest of sentencing, completion of probation, discharge from parole, or completion of any term of imprisonment. Eligibility still depends on the person’s overall record and the other limits in Michigan’s set-aside statute.

What Domestic Violence Convictions Cannot Be Expunged?

Michigan law places important limits on expungement for domestic violence offenses. A person may apply to set aside certain domestic violence convictions, but the rules depend on the offense, the person’s record, and whether the conviction is classified as an assaultive crime or serious misdemeanor. A first-offense misdemeanor domestic violence conviction may be eligible to be set aside by application after the required waiting period. Automatic expungement is more limited and depends on the person’s full criminal history, including whether there is more than one assaultive-crime conviction on record. Felony domestic violence convictions are subject to additional restrictions, and not every case will qualify.

The Oakland County Clean Slate Program, administered through Michigan Works!, provides free expungement assistance to eligible residents. The program reviews each person’s criminal history and helps with the application process. Due to high demand, wait times can exceed 120 days.

What Steps Can Help You Move Forward After a Domestic Violence Charge?

Recovery from a domestic violence charge requires a combination of legal strategy and personal responsibility. Taking the right steps early can improve both the legal outcome and your ability to rebuild your life after the case is resolved.

The most important first step is to hire an experienced criminal defense attorney. An attorney who regularly handles domestic violence cases in the local courts can explain the charges, advise you on whether you qualify for deferred sentencing, and represent you at every stage of the proceedings.

Compliance with all court orders is equally critical. Violating a no-contact order, missing a counseling session, or failing a drug or alcohol test while on bond or probation can result in harsher penalties and eliminate your eligibility for deferred sentencing.

Counseling and Rehabilitation

Courts in Michigan frequently require participation in a counseling program as a condition of probation or deferred sentencing. Common programs include batterer’s intervention programs, which typically run 26 or 52 weeks, as well as anger management courses and substance abuse treatment when applicable.

Voluntary participation in counseling before the court orders it can demonstrate to the judge that you are taking the situation seriously. This can be a factor in the court’s decision to grant deferred sentencing or impose a lighter sentence.

Maintaining a clean record during and after the case is essential. Any new criminal charge, especially an assaultive offense, may significantly harm your position. If you were granted deferred sentencing, a new conviction may result in revocation of the deferral and entry of a conviction on the original domestic violence charge.

Key Takeaway: Hiring an attorney, complying with all court orders, and voluntarily participating in counseling are the most important steps you can take to recover from a domestic violence charge. A clean record during probation is essential to achieving a dismissal under MCL 769.4a.

Get Help from a Michigan Domestic Violence Attorney

A domestic violence charge can affect your job, your custody rights, your housing, and your ability to own a firearm. The consequences extend well beyond the courtroom, and the decisions you make early in the case can determine whether you carry a conviction for the rest of your life or have the charge dismissed.

Paul J. Tafelski of Michigan Defense Law has defended clients facing domestic violence charges in Oakland County for over 20 years. He handles cases at the 48th District Court, the Circuit Court in Pontiac, and district courts throughout the county. Our domestic violence lawyers evaluate every case for deferred sentencing eligibility, expungement options, and potential defenses.

Call Michigan Defense Law at (248) 451-2200 for a consultation. Our office is located at 2525 South Telegraph Road, Suite 100, in Bloomfield Hills, and we serve clients throughout the region.

from Michigan Defense Law https://www.michigandefenselaw.com/blog/can-people-recover-from-a-domestic-violence-charge/

Can You Work at the Airport With a Felony?

A felony conviction does not automatically disqualify you from every airport job in Michigan. The answer depends on the type of felony, how long ago it occurred, and which position you are applying for. Some felonies permanently bar you from working for the Transportation Security Administration (TSA), while others only result in a temporary disqualification period. Many non-TSA positions at airports, including retail, food service, and airline customer service roles, have separate hiring standards that may be more flexible.

At Michigan Defense Law, Oakland County felony defense attorney Paul J. Tafelski helps people facing felony charges understand how a conviction can affect their future employment. A criminal record can close doors to airport jobs and other career opportunities across the region. If you are facing charges, the outcome of your case may determine whether you can pass a federal background check. Michigan Defense Law represents clients at every stage of the criminal process, from arraignment through trial.

This guide explains which felonies permanently disqualify you from TSA employment, which offenses lead to temporary disqualification, what non-TSA airport jobs may still be available, and how Michigan’s Clean Slate law may help restore your eligibility. Call Michigan Defense Law at (248) 451-2200 to speak with a criminal defense attorney in Oakland County about your case.

Does a Felony Automatically Disqualify You From Airport Jobs?

No, a felony does not automatically disqualify you from all airport employment. The TSA maintains a specific list of disqualifying offenses under federal regulations. For most secure airport jobs requiring a Security Identification Display Area (SIDA) badge, the TSA looks back 10 years under 49 CFR § 1542.209. If you were convicted of a disqualifying offense within the past 10 years, you will be denied clearance. 

For specialized transportation roles involving hazardous materials or cargo (which require TWIC or HME credentials), the TSA uses a different standard that includes lifetime bans for certain crimes and a waiting period of seven years from conviction or five years from release for others. If your felony is not on the TSA’s list, you bypass this mandatory federal ban, though employers will still evaluate your overall criminal history. 

Non-TSA airport employers, such as airlines, restaurants, and retail shops, conduct their own background checks with different standards. The Federal Aviation Administration (FAA) requires airport job applications to include a question about criminal history, but this does not mean every felony results in automatic rejection. Employers weigh factors like the nature of the offense, how much time has passed, and whether the conviction is relevant to the position.

Oakland County felony cases typically start in one of the nine district courts before being bound over to the 6th Circuit Court at 1200 N. Telegraph Road, Pontiac. The final resolution of your case at these locations is the primary factor in the outcome of future airport background checks.

TSA Background Checks: 10-Year Rules vs. Lifetime Bans

When evaluating your criminal record, the TSA applies different rules depending on the type of security clearance your job requires. The most important distinction is between a standard airport worker (who needs a SIDA badge) and a specialized transport worker (who needs TWIC or Hazmat credentials).

Standard Airport Jobs (SIDA Badge): The 10-Year Rule

For the vast majority of secure airport jobs requiring a Security Identification Display Area (SIDA) badge, there are no permanent lifetime bans.

Under federal regulation 49 CFR § 1542.209, the TSA applies a strict 10-year lookback period for all disqualifying offenses. If you were convicted of, or found not guilty by reason of insanity for, any of the following crimes within 10 years of your application date, you will be denied a SIDA badge:

• Murder or assault with intent to murder
• Espionage, sedition, treason, or kidnapping
• Rape or aggravated sexual abuse
• Unlawful possession, use, sale, or manufacture of an explosive or weapon
• Armed or felony unarmed robbery
• Distribution of, or intent to distribute, a controlled substance
• Felony arson, extortion, or bribery
• Any felony involving theft, burglary, fraud, or willful destruction of property

Once 10 years have passed since the date of conviction for any of these offenses, they no longer act as an automatic federal disqualifier for a SIDA badge.

Specialized Transport Roles (TWIC/Hazmat): Lifetime Bans & Interim Rules

If your airport job involves specialized cargo, requiring a Transportation Worker Identification Credential (TWIC) or a Hazardous Materials Endorsement (HME), a stricter set of rules applies under 49 CFR § 1572.103.

1. Permanent Disqualifying Offenses (Lifetime Ban): You are permanently barred from holding TWIC/Hazmat credentials if you are ever convicted of:

• Espionage, sedition, treason, or terrorism
• Murder
• Improper transportation of hazardous materials
• Crimes involving explosives or explosive devices
• Violations of the Racketeer Influenced and Corrupt Organizations Act (RICO) involving one of the permanently disqualifying crimes

2. Interim Disqualifying Offenses (7-Year / 5-Year Rule): For other specific felonies, you are disqualified if you were convicted within the past seven years, or released from incarceration for the crime within the past five years. These include:

• Firearms/weapons violations
• Extortion, smuggling, or bribery
• Distribution or importation of controlled substances
• Arson, kidnapping, or robbery
• Fraud or misrepresentation (including identity fraud and money laundering)

Offense Category	Standard Airport Jobs (SIDA Badge)	Specialized Roles (TWIC / Hazmat)
Lookback Period	10 years from the date of conviction	Lifetime ban for some; 7 years from conviction / 5 years from release for others
Terrorism / Espionage	Disqualified for 10 years	Lifetime Ban
Explosives / Murder	Disqualified for 10 years	Lifetime Ban
Weapons Offenses	Disqualified for 10 years	7-year / 5-year Disqualification
Drug Distribution	Disqualified for 10 years	7-year / 5-year Disqualification
Fraud / Extortion / Theft	Disqualified for 10 years	7-year / 5-year Disqualification

While these are the hard statutory rules, the TSA retains discretionary authority. They may still deny employment if an applicant has extensive criminal convictions, a record of transportation security regulatory violations, or active outstanding warrants.

Criminal Defense Attorney in Oakland County – Michigan Defense Law

Paul J. Tafelski, Esq.

Paul J. Tafelski is an Oakland County criminal defense attorney with over 20 years of experience. He earned his Juris Doctor from the Detroit College of Law at Michigan State University and is admitted to practice in all state and federal courts in Michigan. He is a member of the Michigan Bar Association, American Bar Association, Criminal Defense Lawyers of Michigan, and the Oakland County Bar Association.

Paul J. Tafelski has successfully defended clients from arraignment through jury trial. He has been recognized as a Leading Lawyer in 2017 and as one of the top criminal defense lawyers in Michigan by SuperLawyers (2011 to 2013 and 2017 to 2026)

Can You Work at the Airport With a DUI?

A Driving Under the Influence (DUI) conviction, known in Michigan as Operating While Intoxicated (OWI), does not automatically disqualify you from airport employment. DUI offenses are not included on the TSA’s list of permanently or temporarily disqualifying crimes. This means a single DUI conviction generally will not prevent you from obtaining TSA security clearance.

However, a DUI may still affect your chances depending on the employer and position. Airlines, rental car companies, and ground transportation services operating at airports often review driving records as part of their hiring process. A DUI conviction on your record may make it more difficult to secure positions that involve driving on airport property or operating vehicles.

Multiple DUI convictions raise additional concerns. A third OWI offense is a felony under Michigan Compiled Laws (MCL) § 257.625, which carries up to five years in prison. A felony OWI conviction could make the TSA’s broader discretionary review more likely, especially if the conviction is recent. Employers at Detroit Metropolitan Wayne County Airport, the closest major airport to Oakland County residents, may view repeat DUI offenses as a reliability concern.

Key Takeaway: A single DUI or OWI conviction typically does not disqualify you from TSA or other airport employment. However, a felony third-offense OWI could raise concerns during background reviews, particularly for positions requiring a clean driving record.

What Non-TSA Airport Jobs Can You Get With a Felony?

Airports employ thousands of workers in positions that do not require TSA security clearance. These jobs are managed by private companies, airlines, and concession operators, each with its own hiring policies. While most airport employers conduct background checks, their standards are often less restrictive than the TSA’s federal requirements.

Positions that may be available to individuals with a felony record include customer service roles at airline ticket counters, food and beverage positions at airport restaurants, retail jobs at terminal shops, and janitorial or custodial services. Baggage handling positions and ramp operations roles also hire through private companies, though these positions may require a Security Identification Display Area (SIDA) badge, which involves a separate background check.

SIDA Badge Background Checks

A SIDA badge grants access to restricted airport areas such as tarmacs, baggage rooms, and cargo facilities. The background check for a SIDA badge is conducted under TSA regulations. If you have been convicted of one of the TSA’s disqualifying offenses within the past 10 years, you will not be able to obtain a SIDA badge. Once 10 years have passed since your conviction, you may become eligible again.

Positions Outside Secure Areas

Jobs located outside secure airport zones, such as parking lot attendants, shuttle drivers, hotel staff at airport hotels, and workers at businesses in airport terminals open to the general public, typically do not require SIDA badges. These positions may only require a standard employer-run background check, which considers factors like the age of the offense and its relevance to the job.

Residents of Bloomfield Hills and surrounding communities who are seeking airport employment may want to explore positions at Detroit Metropolitan Wayne County Airport or Oakland County International Airport. Both facilities have a range of employers with varying hiring standards.

Can Michigan’s Clean Slate Law Help You Get an Airport Job?

Michigan’s Clean Slate Act, enacted in 2020, expanded eligibility for expungement and introduced automatic expungement for certain offenses. Under MCL § 780.621, individuals may petition to have up to three felony convictions set aside if they meet the statutory requirements. Automatic expungement under MCL § 780.621g can clear up to two felony convictions 10 years after sentencing or release from custody, whichever comes later.

An expunged conviction is removed from your public criminal record. This means you can legally state on job applications that you have not been convicted of that offense. For airport employment, this is significant because standard employer background checks typically will not reveal an expunged conviction.

The TSA and other federal agencies may still have access to conviction records even after a state expungement. Federal background checks can be more comprehensive than state checks, and an expunged record may still appear in federal databases. A conviction is not considered disqualifying if it has been legally expunged or pardoned. If a denied applicant proves their record was expunged under Michigan’s Clean Slate Act, the TSA may grant the clearance on appeal.

Who Qualifies for Expungement in Michigan?

Not all felonies are eligible for expungement. Offenses punishable by life imprisonment, certain sex crimes, crimes involving minors, and human trafficking convictions cannot be set aside. The waiting period varies depending on the type of offense:

• 3 years for non-serious misdemeanors
• 3 years for a first-offense OWI, and 5 years for serious misdemeanors or a single felony
• 7 years for multiple felony convictions

The Oakland County Clean Slate Program, administered through the county’s Michigan Works! offices, provides free expungement assistance to eligible residents. This program helps individuals complete the application process and determine whether their convictions qualify for a set-aside.

Key Takeaway: Michigan’s Clean Slate Act allows eligible individuals to have certain felony convictions removed from their public record, which can improve their chances of passing background checks for non-TSA airport jobs. Federal agencies like the TSA may still access expunged records through their own databases.

What Happens If You Fail a TSA Background Check?

If the TSA denies your application based on a background check, you will receive a written explanation identifying the reason for the denial. You have the right to appeal the decision within 60 days. The appeals process allows you to submit supporting documents, such as evidence of rehabilitation, court records showing a conviction was overturned, or proof that the conviction was expunged.

The TSA also considers active warrants and pending charges. If you are wanted or under indictment for any felony on the TSA’s disqualifying offense lists, you will be denied clearance until the matter is resolved in your favor. This means even an unresolved charge, not just a conviction, can prevent you from getting an airport job.

An important point for anyone applying is the duty to disclose. Airport job applications governed by the FAA require you to answer truthfully about your criminal history. Failing to disclose a conviction when asked can result in disqualification or termination, even if the underlying offense would not have been disqualifying on its own.

Key Takeaway: If the TSA denies your application, you have 60 days to appeal with supporting documentation. Active warrants and pending charges can also trigger disqualification, even without a conviction. Always disclose your criminal history truthfully on airport job applications.

Speak With an Oakland County Criminal Defense Attorney Today

A felony conviction can affect far more than a potential jail sentence. It can limit your ability to work at airports, pass background checks, and pursue career opportunities that require security clearance. If you are facing criminal charges, the decisions you make now may determine your options for years to come.

Call Michigan Defense Law at (248) 451-2200 for a free consultation. Our office is located at 2525 S Telegraph Road, Suite 100, Bloomfield Hills, Michigan 48302 and serves clients throughout Oakland County and Michigan. The sooner you have an attorney working on your case, the better your chances of protecting your record and your future.

from Michigan Defense Law https://www.michigandefenselaw.com/blog/can-you-work-at-the-airport-with-a-felony/

Can Police Question a Minor Without Parental Consent in Michigan?

Police can question a child without parental consent in many situations in Oakland County and throughout Michigan. The rules change depending on whether the child is a witness, a victim, or a suspect in custody. When a child is arrested or not free to leave, Miranda protections apply, and the child’s age must be considered when determining whether the questioning was voluntary.

At Michigan Defense Law, Oakland County criminal defense attorney Paul J. Tafelski represents parents and defendants facing charges that affect their families. Whether you are dealing with police interviews of your child or concerns about how charges may affect your parenting time, our domestic violence lawyers at the firm can help you understand your rights and protect your family’s future.

This guide explains when police can question a minor without a parent present, how domestic violence charges affect custody and parenting time in Michigan, whether someone charged with domestic violence can still get custody, and what steps you can take to protect your parental rights. Call Michigan Defense Law at (248) 451-2200 to speak with Paul J. Tafelski about your case.

When Can Police Question a Child Without Parental Consent in Michigan?

Michigan law does not appear to impose a general parental-consent requirement before police speak with a minor in a noncustodial setting. Michigan authorities must directly address whether the questioning was custodial, whether Miranda warnings were required, and whether any statement was voluntary under the totality of the circumstances. In practice, police may speak with a child during an investigation even when a parent is not present, but the legal analysis becomes much more demanding once the child is not free to leave.

The distinction that matters most is whether the child is in custody. If a child is free to leave, officers do not need to provide Miranda warnings and can ask questions without a parent present. This applies whether the child is a witness, a victim, or simply present at the scene.

The situation changes when a child is detained or taken into custody. Under the Fifth Amendment, any person, including a minor, has the right to remain silent and the right to an attorney during custodial interrogation. The United States Supreme Court addressed this issue in J.D.B. v. North Carolina (2011), ruling that a child’s age must be considered when determining whether a reasonable person would feel free to leave.

What Happens When a Child Is Questioned at School?

When questioning happens at school, the analysis is still custody-based. If school officials are acting on their own for school-discipline purposes, Miranda generally is not the issue. But when law enforcement conducts or directs the interview, the school setting is a highly relevant factor in deciding whether the child was in custody, especially because students generally are not free to leave school or the principal’s office the way adults are free to leave other settings. 

Parents should know that a child can ask to have a parent present before answering questions, but parental presence is not an automatic prerequisite to police questioning in every situation. The more important legal questions are whether the child was in custody and whether any waiver or statement was voluntary in light of the child’s age and the circumstances of the interview. If your child was questioned at school without your knowledge, an attorney can evaluate whether those statements should be challenged.

How Does a Domestic Violence Charge Affect Parenting Time in Michigan?

A domestic violence charge does not automatically terminate parenting rights, but release conditions entered after arrest can sharply limit a parent’s access to the home and to the other parent while the case is pending. Michigan law requires many domestic-violence arrestees to remain in custody until arraignment or until an interim bond is set, and judges or magistrates may impose protective conditions of release. In practice, those conditions often include no-contact restrictions, which can indirectly disrupt day-to-day parenting time even before any conviction. 

The practical effect is significant. Even though a no-contact order is directed at the alleged victim, it often prevents the defendant from seeing their children on a daily basis. Parents must then make alternative arrangements for parenting time, which can be difficult to coordinate, especially in the early stages of a case.

How Do No-Contact Orders Affect Daily Parenting?

A no-contact order issued at arraignment may prohibit the defendant from entering the family home, contacting the alleged victim by phone or text, or being present at the children’s school or extracurricular activities if the alleged victim will be there. The Oakland County Circuit Court, located at 1200 North Telegraph Road in Pontiac, handles felony domestic violence cases and can modify bond conditions when circumstances warrant.

The 48th District Court in Bloomfield Hills, located at 4280 Telegraph Road, processes misdemeanor domestic violence arraignments for cases arising in the surrounding communities. Bond conditions set at this court may include no-contact provisions that affect parenting time.

Even if a parent is not convicted, the restrictions during the pending case can disrupt the parent-child relationship for months. This is one reason why domestic violence charges require careful handling from the very beginning.

Criminal Defense Attorney in Oakland County – Michigan Defense Law

Paul J. Tafelski, Esq.

Paul J. Tafelski has been practicing criminal defense law in Michigan for over 20 years. He earned his Juris Doctor from the Detroit College of Law at Michigan State University and is admitted to practice in all state and federal courts in Michigan. Attorney Tafelski is a member of the Michigan Bar Association, the American Bar Association, Criminal Defense Lawyers of Michigan, and the Oakland County Bar Association.

Mr. Tafelski has been recognized by Super Lawyers and was named a Leading Lawyer in 2017. He has successfully defended clients from arraignment through jury trial in courts throughout Oakland County and the surrounding region.

Can You Still Get Custody if You Are Charged With Domestic Violence?

Yes, a domestic violence charge does not automatically disqualify a parent from obtaining custody of their children. Custody and domestic violence cases are handled in separate courts by different judges. The criminal case is typically heard in district or circuit court, while custody and parenting time disputes are resolved in the Family Division of the Circuit Court.

Under Michigan’s Child Custody Act, MCL 722.23, the court evaluates custody disputes using the “best interests of the child” standard. This statute lists factors that judges must consider, including factor (k), which specifically addresses domestic violence. The law directs the court to consider any history of domestic violence, regardless of whether the violence was directed against or witnessed by the child.

What Factors Does the Court Consider?

The best interest factors under MCL 722.23 include the emotional bonds between the child and each parent, each parent’s capacity to provide love and guidance, the stability of the home environment, each parent’s mental and physical health, and the child’s reasonable preference if the child is old enough to express one. Factor (j) examines each parent’s willingness to encourage a relationship between the child and the other parent.

Importantly, MCL 722.23(j) states that a court may not hold it against a parent who takes reasonable action to protect a child from domestic violence. This means the parent who reported the abuse cannot be penalized for trying to keep the child safe.

No single factor controls the outcome. Courts weigh all 12 factors together to determine what arrangement best serves the child.

Key Takeaway: A domestic violence charge does not automatically end custody rights. Michigan courts evaluate custody based on 12 best interest factors under MCL 722.23, including the history of domestic violence and each parent’s ability to provide a safe home.

Call Michigan Defense Law at (248) 451-2200 to discuss how your criminal case may affect your custody rights.

How Can Domestic Violence Charges Be Used in a Divorce Case?

Domestic violence charges often become leverage in divorce proceedings. When one spouse files for divorce after a domestic violence incident, the pending criminal case can significantly affect negotiations over custody, parenting time, and property division.

The spouse who filed the police report may use the charges as evidence that the other parent is unfit or poses a danger to the children. Even if the charges are eventually dismissed or reduced, the existence of a Personal Protection Order (PPO) or no-contact order during the divorce process can shape the court’s perception of the case.

Under MCL 600.2950, a domestic relationship PPO can restrict the respondent from entering the home, contacting the petitioner, or being near the children’s school or daycare. Michigan Court Rule MCR 3.706(c)(3) establishes that a PPO takes precedence over any existing custody or parenting time order until the court modifies those arrangements.

How Does the Friend of the Court Get Involved?

A parent subject to a PPO may lose access to their children until the family court addresses the situation. The Oakland County Friend of the Court, which assists the court by investigating custody and parenting time issues under MCL 552.505, may become involved in evaluating the family dynamic and making recommendations.

Paul J. Tafelski helps clients understand how criminal charges interact with family court proceedings and can work with family law counsel to protect your rights throughout the legal process.

What Is the Deferred Sentencing Option for First-Time Domestic Violence Offenders?

Michigan law provides a potential path to avoid a permanent conviction for first-time domestic violence offenders. Under MCL 769.4a, a person who has not been convicted previously of an assaultive crime and who pleads guilty to a violation of MCL 750.81 or MCL 750.81a may be eligible for deferred proceedings.

If the court, the defendant, and the prosecuting attorney (in consultation with the victim) all agree, the court may defer entering a judgment of guilt and place the defendant on probation. The probation conditions typically include mandatory counseling, no-contact orders, and compliance with all court requirements.

Upon successful completion of probation, the court discharges the defendant and dismisses the proceedings without a conviction on the record. However, certain violations will result in mandatory revocation of the deferral.

When Is the Deferral Revoked?

The court must enter a conviction and proceed to sentencing if the defendant commits an assaultive crime during probation, refuses to attend court-mandated counseling for violent behavior, or violates a no-contact order. These revocation triggers are mandatory, not discretionary.

This option is available only once in a person’s lifetime. A deferred sentence under MCL 769.4a does not count as a conviction for most purposes, but it does count as a prior conviction if the person is later charged with domestic assault under MCL 750.81(4) or MCL 750.81a(3).

Key Takeaway: First-time domestic violence defendants in Michigan may avoid a permanent conviction through deferred sentencing under MCL 769.4a. Successful completion of probation results in dismissal, but violations of no-contact orders or counseling requirements trigger mandatory revocation.

Contact Michigan Defense Law to learn whether deferred sentencing may be available in your case.

What Are the Penalties for Domestic Violence in Michigan?

Michigan classifies domestic violence offenses based on severity and prior criminal history. The penalties increase significantly for repeat offenders and cases involving serious injury.

Domestic Assault Penalties Under MCL 750.81:

Offense Level	Classification	Maximum Jail/Prison	Maximum Fine
First Offense	Misdemeanor	93 days in jail	$500
Second Offense	Misdemeanor	1 year in jail	$1,000
Third or Subsequent Offense	Felony	5 years in prison	$5,000

Aggravated domestic assault under MCL 750.81a involves serious or aggravated injuries requiring immediate medical attention. A first offense of aggravated domestic assault is a misdemeanor punishable by up to one year in jail and a fine of up to $1,000. A second offense is a felony carrying up to five years in prison and a fine of up to $5,000.

Beyond criminal penalties, a qualifying domestic violence conviction can trigger federal firearm restrictions under 18 U.S.C. § 922(g)(9). Mandatory counseling may also be imposed in deferred-sentencing or probationary dispositions, and a domestic-violence case can have lasting consequences for custody and employment.

What Should You Do if Your Child Was Questioned by Police?

If your child was interviewed by police during a domestic violence investigation, take these steps to protect both your child’s rights and your own legal position:

1. Ask your child what happened during the interview. Find out who asked the questions, where the interview took place, whether your child was told they could leave, and whether anyone read your child their rights.
2. Determine whether your child was in custody. If officers detained your child, placed them in a patrol car, or told them they were not free to leave, Miranda protections should have applied.
3. Contact a criminal defense attorney. An attorney can evaluate whether the questioning was lawful and whether any statements made by your child could be challenged in court.
4. Do not discuss the case with the other parent if a no-contact order is in place. Violating bond conditions can result in arrest and revocation of any deferred sentencing arrangement.
5. Document everything you remember. Write down dates, times, names of officers, and any details your child shared about the conversation as soon as possible.

If the interview took place at a school in Bloomfield Hills or elsewhere in the area, the rules may differ depending on whether a school resource officer or a responding patrol officer conducted the questioning.

Key Takeaway: If your child was questioned by police during a domestic violence investigation, determine whether the child was in custody and contact a criminal defense attorney promptly. Statements obtained improperly may be challenged in court.

Michigan Defense Law represents families in cases involving police interviews of minors and domestic violence defense.

Consult an Oakland County Criminal Defense Attorney Today

Domestic violence charges affect more than your criminal record. They can change where you live, how often you see your children, and whether you maintain custody during a divorce. The way these charges are handled from the first day can shape the outcome of both the criminal case and any related family court proceedings.

Paul J. Tafelski of Michigan Defense Law has defended clients in Oakland County for over 20 years. At Michigan Defense Law, criminal defense attorney Paul J. Tafelski can help in every stage of the process, from challenging police interviews to addressing bond conditions at local district courts. We can also work with family law counsel in cases involving concurrent ongoing criminal and family law cases.

Call Michigan Defense Law at (248) 451-2200 for a consultation. Our office at 2525 South Telegraph Road, Suite 100, in Bloomfield Hills serves clients throughout the region. Attorney Paul J. Tafelski can advise you on what Michigan law allows when police question a minor without a parent present and what steps to take to protect you and your child’s rights.

from Michigan Defense Law https://www.michigandefenselaw.com/blog/police-questioning-minors-custody-implications/