Mark Wieczorek is a domestic violence lawyer in Hamilton County, Ohio.
Domestic Violence is codified in the 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 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.
Penalties for Domestic Violence in Ohio
In general, domestic violence charges are prosecuted as misdemeanor offenses. 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 90 days in jail
- Fine of up to $750
- Period of probation
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
Definition
Domestic Violence, 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, 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.
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.
Call Mark Wieczorek at (513) 317-5987 for a free consultation or complete our contact form.