Chapter 1: Overview of the Benchbook and of Community Resources

1.1​Defining Domestic Violence

The term domestic violence has been given different definitions, depending on the source defining the term. These definitions have been cited where applicable and should be consulted in appropriate cases. The following definitions should not be construed to encompass all definitions of domestic violence or to encompass all contexts where domestic violence may be defined.

Note: In this benchbook, the term domestic violence is used interchangeably with domestic abuse.

Although a glossary has been created and appears at the end of this book, the following definitions have been intentionally left in this chapter. However, they also appear in the glossary for the reader’s convenience.

•​For purposes of the Batterer Intervention Standards for the State of Michigan,1 domestic violence is defined as follows:

“Domestic Violence is a pattern of controlling behaviors, some of which are criminal, that includes but is not limited to physical assaults, sexual assaults, emotional abuse, isolation, economic coercion, threats, stalking and intimidation. These behaviors are used by the batterer in an effort to control the intimate partner. The behavior may be directed at others with the effect of controlling the intimate partner.” Batterer Intervention Standards for the State of Michigan, Section 4.1.

•​For purposes of the Domestic Violence Prevention and Treatment Act, domestic violence is defined as follows:

“‘Domestic violence’ means the occurrence of any of the following acts by an individual that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to a family or household member.

(ii) Placing a family or household member in fear of physical or mental harm.

(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 400.1501(d).2

Note: MCL 400.1501(e) defines family or household member to include any of the following:

“(i) A spouse or former spouse.

(ii) An individual with whom the person resides or has resided.

(iii) An individual with whom the person has or has had a dating relationship.

(iv) An individual with whom the person is or has engaged in a sexual relationship.

(v) An individual to whom the person is related or was formerly related by marriage.

(vi) An individual with whom the person has a child in common.

(vii) The minor child of an individual described in subparagraphs (i) to (vi).”

•​For purposes of a peace officer investigating or intervening in a domestic violence incident under the Code of Criminal Procedure, that term “means an incident reported to a law enforcement agency involving allegations of 1 or both of the following:

(i) A violation of a personal protection order issued under . . . MCL 600.2950, or a violation of a valid foreign protection order.

(ii) A crime committed by an individual against his or her spouse or former spouse, an individual with whom he or she has had a child in common, an individual with whom he or she has or has had a dating relationship,[3] or an individual who resides or has resided in the same household.” MCL 764.15c(7)(c).4

•​For purposes of admitting other acts of domestic violence into evidence in a criminal proceeding involving domestic violence, that term “means an occurrence of 1 or more of the following acts by a person that is not an act of self-defense:

(i) Causing or attempting to cause physical or mental harm to a family or household member.

(ii) Placing a family or household member in fear of physical or mental harm.

(iii) Causing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress.

(iv) Engaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.” MCL 768.27b(6)(a).5

Note: MCL 768.27b(6)(b) defines a family or household member to include any of the following:

“(i) A spouse or former spouse.

(ii) An individual with whom the person resides or has resided.

(iii) An individual with whom the person has or has had a child in common.

(iv) An individual with whom the person has or has had a dating relationship. As used in this subparagraph, ‘dating relationship’ means frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.”

See also MCL 600.2950, which discusses domestic relationship personal protection orders (PPOs), and MCL 750.81 and MCL 750.81a, which discuss criminal domestic assaults.6 

1. The Batterer Intervention Standards for the State of Michigan are standards promulgated to assist courts in identifying Batterer Intervention Services (BIS) providers. For additional information on the BIS, see Section 1.5(B).

2. Several other statutes refer to this definition of domestic violence by reference. See, e.g., MCL 600.2157a (admissibility of statements between domestic violence counselor and victim), MCL 600.2972 (motion to seal court records in domestic violence case), MCL 712.1 (safe delivery of newborns), MCL 750.136b (child abuse), MCL 765.6b (release of defendant subject to protective conditions), and MCL 780.951 (presumption regarding self defense). While the Child Custody Act, MCL 722.21 et seq. does not define domestic violence or explicitly refer to MCL 400.1501, the Court of Appeals held that “‘domestic violence’ as used by MCL 722.23(k) [(best-interest factors)] includes ‘domestic violence’ as defined in MCL 400.1501.” Brown v Brown, 332 Mich App 1, 12 (2020).

3. MCL 764.15c(7)(b) defines dating relationship as “that term [is] defined in . . . MCL 600.2950.”

4. See Section 3.3 for more information on the requirements of MCL 764.15c.

5. See Section 4.5(B)(4) for more information on the admissibility of other acts of domestic violence.

6. For a detailed discussion of domestic relationship PPOs under MCL 600.2950, see Section 5.2(A). For a detailed discussion of domestic assaults under MCL 750.81, see Section 2.2(A), and under MCL 750.81a, see Section 2.2(B).