How Family Law Cases Are Different from Criminal Cases in Michigan

October 10, 2026

Family law cases are civil disputes between family members. Criminal cases are brought by the state and can result in jail time. A single incident in Michigan can lead to both, and Spickard Law handles the overlap between family law matters and related criminal charges, such as domestic violence.

Key Differences Between Family and Criminal Cases

Family and criminal cases follow separate paths in Ingham County courts:

Who brings the case: A spouse or parent files a family case. In a criminal case, the county prosecutor files and controls the charges, even if the alleged victim wants them dropped.
Where it is heard: Custody, divorce, and personal protection order (PPO) cases go to the 30th Circuit Court Family Division. Criminal cases begin in district courts such as the 54A District Court in Lansing or the 55th District Court in Mason.

The two cases also move on separate schedules. A custody decision can come well before a criminal trial date.

Standards of Proof in Each Type of Case

In a criminal case, the prosecutor must prove guilt beyond a reasonable doubt. Family court judges usually decide custody issues based on a preponderance of the evidence, meaning more likely than not. Changing a child’s established custodial environment requires clear and convincing evidence. A dismissed charge or an acquittal does not prevent a family court judge from considering the same conduct in a custody decision.

Personal Protection Orders and Criminal Contempt

A PPO is a civil order, and a judge can issue one before the other party has a chance to respond. Under MCL 600.2950, a person 17 or older who violates a domestic relationship PPO can be charged with criminal contempt, which carries up to 93 days in jail and a fine of up to $500.

Parents can get into trouble when multiple orders overlap, such as:

A bond condition barring contact with the other parent
A PPO that restricts child exchanges
A parenting time order with a fixed schedule

When orders conflict, follow the most restrictive one, even if your parenting time schedule says it is your weekend. Then ask the court to resolve the conflict through a motion. That creates a record showing you followed the law.

How Criminal Charges Can Affect Custody

Michigan’s custody statute lists domestic violence as a best-interest factor, regardless of whether the violence was directed at or witnessed by the child. A judge can consider the facts behind an assault or drug charge even without a conviction. Moral fitness is also one of the factors.

Testifying in a Family Case While Criminal Charges Are Pending

Anything you say at a PPO hearing, deposition, or custody trial can reach the Ingham County Prosecuting Attorney’s Office. Remaining silent may protect your criminal case, but Michigan courts allow a judge in a civil case to draw a negative inference when a party refuses to testify on Fifth Amendment grounds. Plan that decision with your attorney before any family court hearing.

One Attorney Watching Both Cases

Responding to a custody motion without considering a pending criminal charge can create problems in both cases. Our attorney brings criminal trial experience and family law representation to these overlapping matters. Call (517) 908-0818 or contact the firm online to schedule a free consultation before your next hearing.