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OFFICE OF THE PROSECUTING ATTORNEY

DOMESTIC VIOLENCE...MICHIGAN STATUTES

Stalking

Scales of Justice Michigan law defines stalking as a willful course of conduct (a pattern of 2 or more separate acts) involving repeated or continuing harassment of another individual that would cause a reasonable person to feel terrorized, frightened, intimidated, threatened, harassed, or molested and that actually causes the victim to feel terrorized, frightened, intimidated, threatened, harassed, or molested.

Unconsented contact is defined as any contact with another individual that is initiated or continued without that individual's consent or in disregard of that individual's consent or in disregard of that individual's expressed desire that the contact be avoided or discontinued. Unconsented contact includes, but is not limited to, any of the following:

  • Following/appearing within sight
  • Approaching/confronting in a public place or on private property
  • Appearing at the workplace or residence
  • Entering into or remaining on property owned, leased, or occupied
  • Contact by telephone
  • Sending mail or electronic communications
  • Placing an object on or delivering an object

Criminal Penalties: Misdemeanor: Up to 1 year in jail and/or $1,000.00 fine.

Aggravated Stalking

If an individual engages in stalking in any of these situations, it becomes an Aggravated Stalking,

  • In violation of a restraining order with actual notice
  • In violation of an injunction or preliminary injunction
  • In violation of a condition of probation, parole, pretrial release (bond), or condition of release on bond pending appeal
  • The conduct includes making credible threats against the victim, a member of the victim's family, or another individual living in the same household as the victim.
  • The individual was previously convicted of a violation of the Michigan Stalking laws.

Felony: Up to 5 years in prison and/or $10,000 fine

Stalking of a Minor

If the victim is less than 18 years of age at any time during the individual's course of conduct and the individual is 5 or more years older than the victim.

Stalking a Minor: Felony - Up to 5 years in prison and/or $10,000 fine
Aggravated Stalking of a Minor: Felony - Up to 10 years in prison and/or $15,000 fine


Michigan's Domestic Violence Statute

Michigan laws define domestic violence as an assault or an assault and battery by a:

  • spouse
  • former spouse
  • person residing or having resided in the same household as the victim
  • person having a child in common with the victim

Domestic Assault [MCL 750.81]

Victim need not be injured!
Criminal Penalties
   1st Conviction (misdemeanor): Up to 93 days in jail and/or $500 fine
   2nd Conviction (misdemeanor): Up to 1 Year in jail and/or $1,000 fine
   3rd Conviction (felony): Up to 2 Years in Prison and/or $2,500 fine

Aggravated Domestic Assault  [MCL 750.81a]

Victim must receive serious or aggravated injuries (medical attention)
Criminal Penalties
   1st Conviction (misdemeanor):  Up to 1 Year in Jail and/or $1,000 fine
   2nd Conviction (felony):  Up to 2 Years in Prison and/or $2,5000 fine

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