The state offers additional protection for pregnant women threatened by domestic violence. Domestic violence is defined under Ohio Statute Section 2919.25 as knowingly causing or attempting to cause physical harm to a family or household member, making threats of harm, or acting in a way that creates fear of imminent harm. When the victim is pregnant, the legal consequences and penalties are more significant due to the added vulnerability of the victim and potential harm to the unborn child.
Cincinnati Domestic Violence Defense Attorney
Domestic violence charges involving a pregnant female often stem from highly emotional situations, including arguments, misunderstandings, or escalations of conflict. If you are facing such charges, it is crucial to secure experienced legal representation.
The Wieczorek Law Firm has extensive experience defending clients against domestic violence allegations in Ohio. Call (513)-317-5987 today for a free consultation.
Domestic Violence Against a Pregnant Female Overview
Domestic Violence Against a Pregnant Female under Ohio Law
Domestic violence against a pregnant female involves acts of physical violence, threats, or coercion against a pregnant woman in the context of a domestic relationship. These relationships may include spouses, intimate partners, co-parents, or family members living together. Ohio Revised Code § 2919.25 provides enhanced protections for pregnant victims, recognizing the serious risks posed to both the mother and the unborn child. The statute states as follows:
(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
(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.
Examples of domestic violence against a pregnant female may include physical assault, such as striking or pushing a pregnant partner; issuing threats that create fear of harm; using intimidation or coercion to control a pregnant partner’s movements or relationships; or escalating verbal abuse into physical violence.
Penalties for Domestic Violence Against a Pregnant Female in Ohio
Penalties for domestic violence vary based on the severity of the offense, the defendant’s prior convictions, and whether the victim was pregnant at the time of the incident. Courts often impose harsher penalties in cases involving pregnant victims to reflect the seriousness of the crime.
- First-Degree Misdemeanor:
- Up to 180 days in jail and
- Fines up to $1,000.
- Fourth-Degree Felony:
- Up to 18 months in prison and
- Fines up to $5,000.
- Third-Degree Felony:
- Up to 36 months in prison and
- Fines up to $10,000
Beyond criminal penalties, defendants may face restraining orders, mandatory counseling, or loss of parental rights.
Defenses Against Domestic Violence Charges
If you are facing charges of domestic violence against a pregnant female in Ohio, it’s essential to understand that being charged does not automatically result in a conviction. There are several legal defenses that an experienced attorney can use to challenge the charges and protect your rights. Below are common defenses in domestic violence cases:
Self-Defense
A person may argue that they acted in self-defense if they reasonably believed they were in imminent danger of harm and used only the necessary amount of force to protect themselves. To succeed with this defense, it must be shown that the force used was proportional to the threat faced.
False Allegations
Domestic violence accusations can sometimes stem from false or exaggerated claims. This is common in situations involving contentious divorces, custody disputes, or relationship breakdowns. An attorney may gather evidence, such as text messages, witness statements, or prior inconsistent accounts, to demonstrate that the allegations are fabricated.
Lack of Evidence
The prosecution must prove the charges beyond a reasonable doubt. If there is insufficient evidence to substantiate the claim, the case may be dismissed or result in an acquittal.
Accidental Harm
Sometimes, injuries may result from accidents rather than intentional acts. The defense may argue that the harm was unintentional and lacked the intent necessary for a domestic violence conviction.
Hire a Domestic Violence Defense Lawyer in Hamilton County, Ohio
Domestic violence charges involving a pregnant female require swift and skilled legal representation. This is why hiring a Cincinnati domestic assault and battery attorney to be your legal representative can be beneficial. An attorney can formulate the best strategy based on the available information.
When arrested on domestic assault charges, contact The Wieczorek Law Firm. Our dedicated and experienced team will fight to ensure you receive a fair trial and the best outcome possible.
We have experienced success in handling domestic violence cases across Ohio because of our uncompromising principles. Call us at (513) 317-5987 or complete our contact form for a free consultation today.