The Wieczorek Law Firm

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Domestic Violence

Unfortunately, the rise of domestic violence accusations on America is on the rise. But many times, the presumption of innocence is thrown out the window when someone has been accused allowing for an unspecific, unsubstantiated accusation can make a life-long impact on the person accused. While some cases are fairly black and white, others are simply a case of “he said she said” and may never actually be drawn out to its conclusion, leaving the accused left with a tarnished reputation regardless of not being charged.

The Wieczorek Law Firm defends clients throughout the greater Cincinnati area against domestic violence charges. Contact us 24/7 for a free review of your case. Time is not on your side and you need an attorney you can trust to utilizing every defense possible to receive the best outcome.

Domestic Violence Overview

Chapter 2919 of the Ohio Revised Code deals with criminal offenses committed against the family. Specifically, 2919.25 defines Domestic Violence as a person who knowingly causes or attempts to cause physical harm to a family or household member, who recklessly causes serious physical harm to a family or household member; or use threat of force to knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Domestic Violence Definitions

A family or household member is defined as any of the following:

1. A spouse, person living as a spouse or a former spouse of the offender

2. A parent, foster parent, child of the offender, or other person related by consanguinity or affinity to the offender – this includes a pregnant woman’s unborn child

3. A parent or a child of a spouse, person living as a spouse, or former spouse of the offender.

It is important to understand the term “domestic violence” is not limited to a single action or event and may be used against you to encompass several behaviors between two people over a period of time. A domestic violence accusation does not need to include a physical attack, but may involve verbal and/or sexual attacks as well. After a domestic violence claim is made, it is likely that police will place the accused under arrest regardless of whether or not there is a lack of evidence or the accuser does not wish to press charges. It is also possible that a temporary protection order is typically made against the offender.

The Ohio courts also include same-sex couples that cohabitate together within the definition of Family or Household Member, under the Person Living as a Spouse designation.

Because the definition of a “family member” is fairly broad in the Ohio Revised Code, a multitude of charges fall into this category and range in their severity and punishment. Several common domestic violence charges are:





Evidence in Domestic Violence Charges

Even if the alleged victim in domestic violence case wishes to drop the charges due to a reconciliation or other circumstance, the decision to drop the charges rests solely in the hands of prosecutor in the case. If you’ve been charged with a domestic violence crime, it is important to understand the evidence required for a prosecutor to continue to press charges without the assistance of the victim.

Physical Evidence
In order to continue to prosecute the case, some form of physical evidence will likely be necessary to prove that a crime was committed. Common forms of physical evidence include:

1. Medical records documenting injuries
2. Photographs of the alleged victim’s injuries
3. The criminal record of the alleged offender showing previous domestic violence arrests or convictions
4. Recording of the original 911 call
5. Telephone records
6. Text messages, emails, social media messages or other communication between the alleged offender and victim
7. Other physical evidence including weapons, clothing, broken items from the scene, etc.

Written Statements
A written statement made by the alleged victim may be entered as evidence against the alleged offender. But if the victim is unwilling to testify to the accuracy of their statement, these documents may not be submitted as evidence in the case.

Witnesses
Because most cases of domestic violence occur between two people, prosecutors are forced to consider one person’s testimony against the others, with both accounts likely being completely different. Prosecutors will try to contact witnesses who may be able to account for the facts of the case. Unfortunately, witnesses not directly involved in the events in question tend to be biased for or against either party involved. An experience defense attorney can identify these perceived biases and utilize them to expose any exaggerated or made up testimonies of the event in question.

Common Domestic Violence Penalties

The specific facts and circumstances of each case will ultimately determine the penalty issued. Factors such as the nature of the crime, criminal record and sustained injuries can all influence the classification of the offense.

• Misdemeanor of the Fourth Degree — Menacing is a fourth-degree misdemeanor. Convictions are punishable by up to 30 days in jail and/or a fine of up to $250.

• Misdemeanor of the Third Degree — Negligent assault and sexual imposition are third-degree misdemeanor offenses. Convictions are punishable by up to 60 days in jail and/or a fine of up to $500.

• Misdemeanor of the Second Degree — Repeat domestic violence in which alleged offender, by threat of force, knowingly causes a family or household member to believe that the alleged offender will cause imminent physical harm to the family or household member, is a second-degree misdemeanor. Convictions are punishable by up to 90 days in jail and/or a fine of up to $750.

• Misdemeanor of the First Degree — Aggravated menacing, menacing by stalking, simple assault, endangering children, and violation of protection order are all first-degree misdemeanor offenses. Convictions are punishable by up to 180 days in jail and/or a fine up to $1,000.

• Felony of the Fifth Degree — A repeat violation of a protection order is a fifth-degree felony. Convictions are punishable by up to one year in prison and/or a fine of up to $2,500.

• Felony of the Fourth Degree — Repeat menacing by stalking, aggravated assault, repeat endangering children, and unlawful sexual conduct with a minor are all fourth-degree felony offenses. Convictions are punishable by up to 18 months in prison and/or a fine of up to $5,000.

• Felony of the Third Degree — Endangering children resulting in serious physical harm to the child, violation of protection order while committing a felony, and sexual battery are all third-degree felony offenses. Convictions are punishable by up to five years in prison and/or a fine of up to $10,000.

• Felony of the Second Degree — Felonious assault, child abuse resulting in serious physical harm to the child, and sexual battery when an alleged victim is less than 13 years of age are all second-degree felony offenses. Convictions are punishable by up to eight years in prison and/or a fine of up to $15,000.

• Felony of the First Degree — Rape is a first-degree felony offense. Convictions are punishable by up to 11 years in prison and/or a fine of up to $20,000.

Probation

If you’ve been accused of domestic violence crime you may be placed on probation depending on the type of crime you’ve been alleged of committing.

The two types of probation include:

Reporting Probation
An alleged offender must regularly meet with a probation officer and may be required to submit to random drug testing depending on their specific case. The offender may also be required to show proof of counseling services or complete necessary court-ordered programs. Failure to meet with a probation officer or satisfy court requirements can be a violation of probation that can result in criminal charges.

Non-Reporting Probation
Also referred to as “paper-based probation” or “provided no convictions” (PNC), a non-reporting probation is largely handled through mail correspondence. The alleged offender does not have to meet with a probation office on a regular basis, but is still expected to abide by expectations set by the court. Any new criminal charges while on non-reporting probation can result in an alleged offender violating probation and possibly facing penalties relating to the suspended sentence.

Defense Strategy for Domestic Violence Charges

If you’ve been arrested after being accused of a domestic violence crime, it’s important to hire a defense attorney who understands the charges and can form the best defense strategy possible. Despite being arrested, your alleged involvement and guilt will still need to be proven beyond a reasonable doubt in order to secure a conviction.

Because most crimes involve some sort of dispute between two parties, it is common for their to be a lack of physical evidence against you. If a judge or jury is forced to consider two versions of the alleged incident, they are more likely to side with the alleged victim, meaning the alleged offender is already at a disadvantage.

It is important to contact our law firm immediately to allow our team to interview as early as possible. We’ll fight on your behalf for the best outcome possible based on the physical evidence involved in the case, possible witness or personal testimony.

Hear From Our Clients
The Wieczorek Law Firm, LLC.
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Chris McIntosh
01:19 02 Apr 20
Very professional and beyond knowledgeable! His expertise provided the best guidance to navigate the legal system while providing the best possible outcome.
Tymiha Miller
16:33 03 Feb 20
Mark was the best lawyer that anybody could ask for! He got my case dismissed and he stood by me the whole time going through my long and frustrating process. He made me feel better and I believed in him from the beginning. Thanks Mark!
Kim Lewis
02:55 15 Jan 20
Mark is amazing, he got me out of some unnecessary mess. He is professional and gets the job done. I’ll definitely pass his name along. Thanks again!
Mike Hopkins
20:31 07 Dec 19
Mark himself answered the phone immediately. After a brief conversation we met up later and hired him. He made me feel extremely better about my situation immediately. He actually listens and definitely seems to care. So far Mark is like a super hero out to rt the wrong. He had me make a preliminary move that was already very beneficial. I'm confident that Mark is gonna do a awesome job for us and we r grateful for him.
Tim Murphy
00:42 13 Nov 19
Mark is an excellent attorney! I was recently convicted for an OVI charge October 2019. I also had a prior in 2007. I received 1 year license suspension, along with 72 hour driver intervention program, but no jail time! And did receive driving privileges to and from work. I was very pleased with the outcome. Mark will put his full effort into your case! I would recommend him to anyone!
ervampire .
20:49 16 Oct 19
I was facing an incredibly difficult OVI case and Mark used the facts of the case to get me acquitted. Mark’s knowledge of the law and ability to analyze a case are incredible. It was difficult for me to keep my faith in the process at first, but when it was all over I realized just how methodical and detail oriented Mark’s legal style really is. His experience with the justice system is an incredible asset to anyone seeking legal representation. No two cases are identical, but if I had to do it all over again I would have Mark as my attorney. He gave me my life back, and I can never thank him enough.
Becky Nichols
01:10 22 Aug 19
I was extremely nervous about my situation. Mark made me feel very calm & that I was in good, non-judgmental hands. He was very quick with the text & calls back about all my questions. I was beyond thrilled with the outcome of my case! So much better than I thought. Would definitely recommend him 💯%.
Ryan Bonnot
05:15 10 Aug 19
Mark Wieczorek helped me immensely. He took care of everything and got my charge reduced, and also helped get me the lowest punishment possible. I could not have hoped for a better outcome. He is confident, intelligent, and uses all resources available to get his clients the best possible outcome. Thank you again Mr. Wieczorek.
Jonathan Chapa
03:51 20 Jul 19
Mark worked tirelessly on my case, and proved that his experience and dedication delivered the best case scenario for my trial. He was exceptional, and I highly recommend his representation for any defense need.
Charlie Schickel
15:09 18 Jul 19
I couldn’t have asked for a better representative. I was in a very difficult situation and Mark helped me out of it. I’m confident the outcome couldn’t have been any better, and Mark deserves the credit.
Brooks Hall
21:47 16 Jul 19
It doesn’t get any better than Mark Wieczorek. From day 1 he was a calming source as I navigated through one of the most difficult times in my life. He was extremely knowledgeable and conducted himself professionally from start to finish, but did so with a sense of much needed compassion
Brooks Hall
21:47 16 Jul 19
It doesn’t get any better than Mark Wieczorek. From day 1 he was a calming source as I navigated through one of the most difficult times in my life. He was extremely knowledgeable and conducted himself professionally from start to finish, but did so with a sense of much needed compassion
Devin
11:37 27 Jun 19
Mark was exceptional! We couldn’t have asked for a better attorney to represent us. Any time we had questions he was quick to respond and attentive to our needs. He thoroughly explained what would be happening and what to expect before court. Living hours away from him, he still made us feel like we were just as important as anyone else. We highly recommend using Mark Wieczorek!
bob koren
23:35 05 Jun 19
I'm not big on reviews because I take them with a huge grain of salt, but I had to do this one.Being new to the area, I had no knowledge of qualified attorneys, but I needed one and now! I asked friends and coworkers. They gave me leads and I followed them, from low end to high end. Each time I hung up the phone, I didn't get a good vibe. I sent a text to a very high established firm and they had someone from their "financial" end promise the world. Others took their sweet time getting back to me, while a few sounded as though I was their first case with no knowledge or confidence. I don't recall how I found Mark's site, but as soon as I started reading his bio, I thought either this guy is the real deal or a master b.s. artist. I had to call. It was after 7 pm. Most other law offices said closed on their sites. Mark (not a receptionist or whoever) answered on the 2nd ring. I could tell almost immediately he was the man! Confidence, knowledge, experience. He listened to my story and responded with best and worst case scenarios. He gave me his rate. Not the cheapest but far from the most expensive. By the time we hung up, I didn't really care about the rate. I new Mark was the right choice. I hired him basically on the spot. I had questions leading up to trial and Mark answered them quickly by phone or text.When the court date arrived, I showed up early, but Mark was already there, working on the prosecutor! At the end of the day, the results were far better than I had imagined! I could have easily spent 3 times the money and gotten less. If 5 stars is the maximum, I give Mark 10. If I ever need representation again, I'm only calling one guy. Thanks again, Mark!
Steve Johnson
15:41 17 May 19
I could not be more impressed with Mark Wieczorek. From the beginning he explained in great detail what he would do and what would be expected when we went to court. Any time I called or text Mark he was quick to reply. Although I know he represents many, he made me feel my case was on the front burner. I was expecting the worst, but he reassured me and the outcome was more than I could ever have expected. Mark's fees were more than reasonable. I could not be more pleased. I highly recommend Mark Wieczorek!
Steve Johnson
00:59 24 Apr 19
I could not be more impressed with Mark Wieczorek. From the beginning he explained in great detail what he would do and what would be expected when we went to court. Any time I called or text Mark he was quick to reply. Although I know he represents many, he made me feel my case was on the front burner. I was expecting the worst, but he reassured me and the outcome was more than I could ever have expected. Mark's fees were more than reasonable. I could not be more pleased. I highly recommend Mark Wieczorek!
Katherine Wadle
14:33 25 Feb 19
Mark and his firm were so helpful with any and all questions and concerns I had day or night. He kept in contact though text which was nice in today's world and everyones busy schedules. His legal representaion was top notch and the outcome of my case I feel would not have gone as well as it did without his help and experience. I would highly recommend Mark and his firm to anyone in the western ohio region!
Gary Weaver
00:56 09 Feb 19
We the jury find the defendant not quilty (F1) 11 years. We the jury find the defendant not guilty (F3) 5 years. F4, F5, under PSI. He made the unbelievable believable. Mark gives his personal phone number and answered any text I sent with in 5 minutes. When I first met Mark he has an intimidating personality and he speaks with authority. He controls the court room just under the judge. The man has an IQ 150 or over. He went against a team of very aggressive prosecutors in a small town. I thought the system was going to fail me, but I am here speaking about it today. I am with my most important things in life my (FAMILY). I highly recommend him if you are need of an angle call Mark the wiz. I am just glad he was on my side it is an art just to watch him. He does not charge enough for what he does.. My up most respect to you Mark Wiescorek thank you, thank you, thank you... Highly recommended.... astonishing.
Dee Smith
15:46 01 Feb 19
I would highly recommend Mark Wieczorek if you are in need of an attorney. He helped us very much in the resolution of a family matter. He was on top of every detail, and very responsive when we reached out to him. His knowledge of the law and legal process is outstanding. We knew what to expect every step of the way.
Naomi Leatham
23:22 02 Dec 18
I have never taken the time to write a review before, but this was a must for me. While no one wishes to find themselves searching for a Criminal Defense Attorney, but if you do I would highly recommend Mark Wieczorek. I want to thank you Mark for all your hard work, dedication, experience, and your knowledge. I could not be more pleased. He is my first and only recommendation to my family and friends. (Hopefully they won't need him though)! He goes above and beyond. This man does not show up to court to lose. Sincerely, N. Leatham
Goose 24
21:39 11 Nov 18
Mr. Wieczorek was very professional and non-judgmental. He was very informative about our situation. I would HIGHLY recommend him to anyone that needs law help. Thank you Mark! We are very appreciative of your guidance.
Kevin Stewart
17:14 31 Oct 18
Mark did a great job on my case. He was quick to respond to my messages and seemed genuinely interested in getting me the best possible outcome. He was fair and honest, highly recommended.
Valor
22:14 24 Oct 18
The Wieczorek Law Firm is the very definition of excellence, integrity and service before self. Mr. Wieczorek will work diligently to defend your rights without passing judgment and his background as a prosecutor lends him invaluable experience in the field of criminal defense. Mark Wieczorek is an honest man and never once gave me reason to believe otherwise. If you need criminal defense, choose this law firm. This law firm was able to represent a friend immediately , and the absolute best possible outcome was achieved with absolutely minimal hassle.
Kira Esperante
18:03 11 Aug 18
I cannot give high enough praise for the abilities and skills demonstrated by Mark Wieczorek in his representation of me. Attorney Wieczorek was keenly thorough in preparing for the presentation of my defense and greatly increased my confidence in a very difficult time. Attorney Wieczorek presented a strong and well planned defense resulting in a Not Guilty jury verdict in a case where the prosecution's witnesses were police officers and emergency response team members. Attorney Wieczorek took command of the courtroom from start to finish and won an absolute victory in an extremely difficult case where I had been advised by other counsel to plead guilty and hope for mercy. Attorney Wieczorek saved my life and I recommend him without reservation to any who require a highly skilled, intelligent, compassionate and experienced attorney.
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The Wieczorek Law Firm, LLC

Reach us 24/7 at 513-317-5987

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3825 Edwards Rd, Suite 103,
Cincinnati, OH 45209

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