To clarify, the spouse in this situation is not the one charging you with domestic violence, it is a prosecuting agency for a city, township, village, county etc. This prosecutor can use prior incidents against you in two different ways.
One, if you have a prior DV case, against or not against the victim in the current case, the prosecutor is unlikely to offer the 769.4A dismissal program in your case, which means we will need to set the case for trial. It may also make the charge more serious with a prior, which extends the maximum penalties.
Two, if you set your case for trial, the prosecutor may file notice of intention to use prior DV incidents at trial, either convictions or cases that were not formally charged against you. A judge decides if these incidents are allowed to be used at trial, but if they are, it's certainly a point of strength for the prosecutor in convincing a jury or judge that the current incident is in fact a crime. Facts about a past incident is likely to assist a prosecutor in convincing a jury or judge that you simply did it again, in a sense a pattern of domestic violence.
If you're charged with domestic violence in Michigan, and you believe you are falsely accused, we need to get to the bottom of why you're falsely accused.
Did things get out of hand with the alleged victim, the police were called, but both parties played a part, but you were arrested? If the alleged victim is willing to tell the whole truth to the prosecutor and victim advocate and be helpful to our case, then there would be no additional reason for you to file for divorce. Of course, if things are escalating to where the police are called to your home, it may be a good idea to at least explore how to address that problem so it doesn't happen again or talk to the victim about the next step in your marriage. Should you guys be together? That's for the both of you to decide.
Now, if you were arrested, but believe you were not the aggressor or the person truly at fault, and the alleged victim is throwing the blame on you and not being helpful to the case, it might be a good idea to consider removing yourself legally from that person to protect your relationship with your kids, your money, and your overall happiness.
I see it too many times, a client of mine has had issues with their spouse for years and years, and they've been fighting non-stop. They continue to fight then makeup, but the other spouse uses the threat of the police and prosecuting on my client until it actually happens. This is not a healthy lifestyle and situation for my client, and it may be time to finally put their foot down. If you're already charged with DV, it is a bit too late for this case, but a lot of people come to me with a prior incident with that same person, and I can't believe they stayed with them after being falsely prosecuted in the past. This person needs to file for divorce ASAP.