Domestic violence (DV) charges can go beyond physical assault accusations. Domestic violence can include attempting to harm or causing physical harm to someone in your household or in your family. This can include domestic partners, ex-spouses and anyone that you have a child in common with. Domestic violence can also include threats that make the other party feel unsafe, such as aggravated menacing, menacing by stalking, or simply menacing
Cincinnati Lawyer for Domestic Violence
If you have been charged with domestic violence, or if your significant other has threatened to have you charged with the same, you need to a lawyer immediately.
Your best chance to successfully defend yourself against these charges is to work with an experienced criminal defense lawyer who will mount an aggressive defense on your behalf. The Wieczorek Law Firm, LLC defends clients throughout Ohio who have been charged with domestic violence and other sex crimes. Contact us 24/7 at (513)-317-5987 for a free case review.
Overview of Domestic Assault and Battery in Ohio
- What is Domestic Assault & Battery?
- What Counts as a Family Member?
- Penalties for Domestic Assault / Battery in Ohio
- Protective Orders and Legal Consequences
- Additional Penalties
- Jury Instructions
- Additional Resources
- Hire a Lawyer for Domestic Assault or Battery in Hamilton County, OH
What is Domestic Violence?
Domestic Violence refers specifically to any general violation of Ohio Revised Code (ORC) Section 2919.25, including subsections B and C.
(B) No person shall recklessly cause serious physical harm to a family or household member.
(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
These sections refer to reckless or intentionally negligent actions that allow another member to be hurt, or to threaten a household member. These actions could include shouting, verbal abuse, and direct threats.
Domestic Violence generally refers to a violation of subsection A:
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
What Counts as a Family Member?
According to the state statute, “family” or “household member” refers to:
(a) Any of the following who is residing or has resided with the offender:
(i) A spouse, a person living as a spouse, or a former spouse of the offender;
(ii) A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
(b) The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
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 it may involve verbal and/or sexual attacks as well. After a domestic violence claim is made, police will likely 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 made against the offender.
The Ohio courts also include same-sex couples that cohabitate 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, many charges fall into this category and range in severity and punishment. Several common domestic violence charges are:
- Child Abuse and Neglect
- Domestic Assault & Battery
- Domestic Sexual Violence
- Menacing & Stalking
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:
- Medical records documenting injuries
- Photographs of the alleged victim’s injuries
- The criminal record of the alleged offender showing previous domestic violence arrests or convictions
- Recording of the original 911 call
- Telephone records
- Text messages, emails, social media messages, or other communication between the alleged offender and victim
- Other physical evidence including weapons, clothing, broken items from the scene, etc.
This evidence can be compelling to a jury, so it’s important to work with an experienced criminal defense lawyer who can challenge this evidence.
Penalties for Domestic Violence in Ohio
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 First Degree— Aggravated menacing, menacing by stalking, simple assault, endangering children, and the violation of a protection order are all first-degree misdemeanor offenses. Convictions are punishable by up to 180 days in jail and/or a fine of 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 a 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.
Protective Orders and Legal Consequences
If you have been charged with any domestic violence charge, a protective court order will likely be placed against you. This court order prohibits the offender from contacting or approaching the victim and may include:
- Restriction from shared residences.
- Temporary child custody and support orders.
- Prohibition from possessing firearms.
After the victim completes a series of forms and alleges one or more instances of domestic violence, they file the forms with the local court. The court typically provides an ex-parte order, which means an order that it makes without hearing from the other party. The alleged victim may describe the domestic violence to the judge. The judge can then issue an emergency ex parte protection order.
The victim can then have you served with the order, at which point, law enforcement can physically remove you from a shared property. This is why it’s important to work with a lawyer who will defend you against such charges. Do not delay in reaching out to a lawyer.
After you are served, a full hearing must be held within ten business days. This is the first opportunity you will have to defend yourself. This hearing and case are separate from any underlying criminal charges. Because it is a civil case, the burden of proof is much lower. The standard is preponderance of the evidence instead of proof beyond a reasonable doubt. The alleged victim simply has to show that their version of events is more likely than not. If the alleged victim is awarded a protection order, there are severe consequences that can affect your life. The civil protection order can be imposed for up to 5 years and will remain on your permanent record. A civil protection order is not eligible for expungement.
If the alleged victim obtains a civil protection order against you, you may face many consequences, including:
- A civil finding that you are a domestic violence offender
- Having a court order you to stop abuse
- Losing your shared home and access to it and your possessions
- Being ordered to pay for alternative housing to the alleged victim
- Losing custody or visitation rights with your children or having only supervised visitation
- Being required to provide financial support to the alleged victim even if you are no longer romantically involved with them
- Having to attend court-ordered counseling
- Having to stay away from the alleged victim’s home, school, business, or place of employment
- Not being allowed to visit other properties where the alleged victim or their family members may be
- Having your personal property divided by the court
- Having to provide a motor vehicle to the alleged victim
Violating the terms of a protection order is a crime and can result in incarceration. Having a protection order against you can also impact your job or prevent you from obtaining security clearance.
Defenses
Under specific circumstances, a spouse may refuse to testify against the other spouse. Common exemptions include:
- Privilege Against Self-Incrimination: Under Ohio Revised Code Section 2919.25, no one should knowingly harm a family member.
- Spousal Privilege: This protects communications between a husband and wife during their marriage as long as that marriage is valid. Ohio Revised Code Section 2945.42.
- Competency: The court breaks competency down into three elements:
- The individual must understand impressions of facts.
- They must be able to remember those impressions.
- They must be able to truthfully relate those impressions.
In a domestic violence case, your attorney may use the following defenses.
- No physical harm – If the domestic violence allegations are based on physical violence, a lack of physical harm may help demonstrate that the alleged victim is lying or exaggerating.
- Lack of intent – Your attorney may be able to argue that you did not intend to intimidate or harm the victim.
- Self-defense – You have a right to defend yourself against physical harm. If the alleged victim was actually the perpetrator, your attorney can argue that you were simply trying to defend yourself at the time of the events in question.
- Defense of others – Likewise, you may have been defending your child or someone else from abuse at the time of the events.
- Retaliation – The alleged victim may be trying to get revenge because of a recent breakup, argument, or other matter. Your attorney can investigate the case and find why the alleged victim may be making false allegations against you.
- Upper hand in a family dispute – As indicated above, receiving a protection order against you can give your ex an upper hand in a family law dispute, so the alleged victim may be fabricating or exaggerating to try to gain custody, the rights to a family home, or other advantage in a family law dispute.
Jury Instructions
State v. Robinette (1997) established that domestic violence charges does not require that the victim be fearful for immediate harm unless the case requires it. For example, a violation of subsection B. However, a violation of subsection A, which requires specific physical contact, is not affected by the victim’s mental state.
118 Ohio App. 3d 450, 455-457 — In a domestic violence prosecution requiring proof of knowing conduct by the defendant, it was erroneous to instruct the jury that it was to consider the mental state of the victim. Consideration of the victim’s state of mind is appropriate only when the charge is premised on menacing.
Hire a Lawyer for Domestic Assault or Battery in Hamilton County, OH
The Cincinnati violent crimes defense lawyers at the Wieczorek Law Firm defends clients throughout the county area against domestic violence charges.
The Wieczorek Law Firm, LLC, led by Mark Wieczorek serves all of Ohio, including Hamilton County, Butler County, Clermont County, Brown County, Highland County, Clinton County, Preble County, Scioto County, Greene County, Montgomery County, and Warren County, and Southern Ohio. Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.