Domestic Assault and Domestic Battery are two sides of the overarching crime of domestic violence. While they do not have their own specific charge, they are specific acts within the category of domestic violence crimes that come with the same social and parental consequences as other violations of Ohio Revised Code (ORC) Section 2919.25 (Domestic Violence).
Being charged with a domestic violence crime can be confusing and, once the gravity of the situation sets in, terrifying. It can feel like no one believes you, including your closest friends, and you may begin to worry for your place as a parent.
Cincinnati Lawyer for Domestic Assault / Battery Charges
Domestic abuse charges are serious business. Whether they occur during a messy divorce or as the result of slander, domestic violence charges can lead to losing not just your children, but your friends. You cannot afford to “let things smooth over.” If you have been charged with domestic violence, or if your significant other has threated 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 Assault & Battery?
Domestic assault 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 Battery 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.
This subsection requires the offender to make physical contact (or to attempt to do so) with the child. Striking, hitting, slapping, shaking and other actions that are intended to hurt the family or household member are considered battery and therefore carry harsher punishments.
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.
Penalties for Domestic Assault / Battery in Ohio
In general, domestic assault / battery charges are prosecuted as misdemeanor offenses. This is because domestic violence charges are typically tied to another crime like assault and child neglect. However, repeat offenses may result in the charge being elevated to a felony degree.
Threats of Violence
Violations of Subsection C (threats of violence) are a fourth-degree misdemeanor, punishable as:
- Up to 30 days in jail
- Fine of up to $250
However, if the offender has at least 2 prior domestic violence convictions, or convictions of crimes that are similar to domestic violence, the crime is instead a second-degree misdemeanor. This is punishable by:
- Up to 2 months in jail
- Fine of up to $750
If the offender knew the victim was pregnant at the time of the offense, then the crime is a first-degree misdemeanor, punishable by:
- Up to 3 months in jail
- Fine of up to $1,000
Battery
Battery charges, defined under subsections A and B, are misdemeanors of the first degree. However, if the offender has any prior domestic violence conviction, the crime is a fourth-degree felony, punishable by:
- 6 – 18 months in prison
- Fine of up to $5,000
If the offender has two or more prior convictions, however, the crime is a third-degree felony, punishable by:
- 9 – 36 months in prison
- Fine of up to $10,000
If the offender has knew the victim was pregnant, the offense is a fifth-degree felony, regardless if the action injured the unborn child. This is punishable by:
- 6 – 12 months in prison
- Fine of up to $2,500
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.
Violating a protective order is a separate criminal offense with additional penalties.
Additional Penalties
If you are convicted of any domestic violence charge, including domestic assault or battery, you will likely be required to pay for and attend anger management courses. These courses can be expensive, but are considered by the court to be a necessary tool for reducing recidivism.
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.
Additional Resources
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. 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.