When police respond to a domestic violence call, things can get confusing very fast. Both parties may have injuries, and each may insist they were the victim and only defending themselves.
In Michigan, the police may arrest one person, both people or neither. However, state law offers guidance on situations involving conflicting accusations.
How do police decide whom to arrest?
Under Michigan law, officers investigating domestic violence allegations are supposed to consider multiple factors when deciding whether to arrest one or both parties, such as:
- Who was injured, how seriously and what might have caused those injuries
- Whether either person had reason to fear harm to themselves or another in the household
- Evidence of previous violence, threats or abuse between the parties
- Witness statements, photographs, 911 recordings, text messages and other available evidence
Importantly, Michigan law also says officers should not arrest someone when they have reasonable cause to believe that person acted legally in self-defense or the defense of another.
Can both people face domestic violence charges?
Yes. Michigan law allows police to arrest both parties when the circumstances justify it. However, an arrest doesn’t automatically mean criminal charges will follow. That’s up to prosecutors after the facts have been reviewed.
Even when both parties admit to using physical force, that doesn’t necessarily mean both committed a crime. Someone who pushed, struck or restrained another person while reasonably defending themselves may have a valid self-defense claim.
Being accused of domestic violence can be frightening, particularly when you believe you were the victim. However, trying to resolve the situation directly with the other person can create additional problems, especially if a no-contact order is in place. Early legal guidance can help you understand your rights, evaluate the evidence and protect yourself against unjustified charges.