The most significant statutory limits on a client’s participation in a domestic violence diversion are the relationship of the client to the complainant, the offense, and the client’s prior criminal history. A deferral under MCL 769.4a must meet the following requirements:
- The complainant must be
- the client’s spouse or former spouse,
- a person who has a child in common with the client,
- a person who resides or has resided in the same household as the client, or
- a person who has or has had a dating relationship with the client.
MCL 769.4a(1). - The offense must be
- assault and battery (see MCL 750.81) or
- assault, without a weapon, where serious or aggravated injury is inflicted and the person lacks the intent to commit murder or inflict great bodily harm less than murder (see MCL 750.81a).
- The client’s criminal history must not include prior convictions for an assaultive crime as defined byMCL 769.4a(8). Specifically, he or she cannot have been previously convicted of any offenses listed under MCL 770.9a, under MCL 750.81–90H, or a similar local ordinance. The statute does not specifically require that the client have no other convictions.
If the client has had a diversion under this provision before, he or she is not eligible. MCL 769.4a(5).
