Ohio Domestic Violence Lawyers
Ohio has mandatory arrest provisions for domestic disturbances. If police officers are called to the scene of a domestic dispute, someone will be arrested when the officer has probable cause to believe domestic violence has occurred. This arrest is based upon the split-second evaluation of police officers, who generally have very limited knowledge of the entire situation, and therefore frequently make mistakes.
At the law firm of Rittgers Rittgers & Nakajima in Warren County, Ohio, we provide aggressive criminal defense representation for people accused of domestic violence or assault. The firm has successfully handled numerous domestic violence cases. With more than 200 years of combined experience, our criminal defense attorneys have the knowledge and skill necessary to effectively handle these cases.
What Is Domestic Violence?
In Ohio, domestic violence is defined under Ohio Revised Code § 2919.25. It involves:
- Knowingly causing or attempting to cause physical harm to a family or household member
- Recklessly causing serious physical harm to a family or household member
- Knowingly causing, by threat of force, a family or household member to believe that they are in imminent danger of physical harm
The law is designed to protect spouses, former spouses, persons living as spouses, parents, step-parents, step-children and children. It can also cover others related by blood or marriage who live with or have lived with the offender.
Not Guilty Verdict
Teacher and Mother of Two Charged with Domestic Violence (M1); Faced Six Months in Jail and Loss of Teaching Certificate
Our client hit her ex-husband on the back as he was removing the keys from her car. Client found NOT GUILTY.
Domestic Violence Penalties In Ohio
The penalties for domestic violence in Ohio vary based on the severity of the offense and prior convictions. There are also mandatory prison sentences, not listed below, when the alleged victim is pregnant. Here is a breakdown:
Offense | Penalty |
Fourth-degree misdemeanor | Up to 30 days in jail and a fine of up to $250 |
First-degree misdemeanor | Up to 180 days in jail and a fine of up to $1,000 |
Fifth-degree felony | Up to six to 12 months in prison and a fine of up to $2,500 |
Fourth-degree felony | Up to six to 18 months in prison and a fine of up to $5,000 |
Third-degree felony | Up to nine months to three years in prison and a fine of up to $10,000 |
These penalties are harsh and reflect the seriousness with which Ohio treats domestic violence offenses. Having knowledgeable legal representation is critical to facilitate the most favorable outcome.
Violation Of Protection Orders
In Ohio, violating a protection order is a serious offense that can pose significant repercussions. Since these orders are issued to prevent further harm or harassment, violating them can result in criminal charges. The penalties for violating a protection order often include jail time, steep fines, and additional charges related to the underlying domestic violence case.
Rittgers Rittgers & Nakajima can assist you in understanding your rights and exercising them in your defense amid allegations that you violated an Ohio protection order. Our experienced attorneys will work to protect your interests and provide guidance throughout the legal process.
FAQ: Ohio Domestic Violence Laws
When someone accuses you of domestic violence, it is natural to feel apprehensive and have many concerns and questions. Below are our answers to three of the most frequent questions we hear from those facing domestic violence allegations in Ohio.
When is domestic violence a felony in Ohio?
Domestic violence generally becomes a felony under Ohio law when there is a prior conviction for domestic violence or similar offenses. Additionally, if the alleged victim is pregnant and the harm caused leads to serious physical injury, it can be charged as a felony.
How long does a domestic violence conviction stay on your record?
A domestic violence conviction in Ohio remains on your record permanently. However, certain misdemeanor convictions may be eligible for sealing under specific conditions. For example, a fourth-degree misdemeanor conviction involving threats may be eligible for sealing.
What are the collateral consequences of a domestic violence conviction?
They can be severe and pose restrictions on your life. The collateral consequences of a conviction in Ohio can include loss of firearm rights, difficulty finding employment, damage to personal relationships, and potential impacts on child custody and visitation rights.
Experienced Defense Lawyers For Domestic Violence Cases In Ohio
The state of Ohio has taken a strong position on family violence, resulting in overzealous prosecution of these claims. Even people who are clearly not guilty are frequently charged and prosecuted — often against the wishes of the alleged victim.
Because the government takes such an aggressive approach to prosecuting these cases, it is particularly important to work with an experienced defense lawyer.
As a result of our extensive experience handling criminal defense matters in Warren County, our attorneys are able to effectively negotiate with prosecutors. We understand the likely outcomes of these cases, and can use this knowledge to the advantage of our clients.
Many domestic violence cases are resolved through plea bargaining, but sometimes accepting a plea bargain is not the best option. When necessary, our experience allows us to effectively present cases to judges and juries.
Contact Our Skilled Defense Team
When you don’t know where to turn, we are here to help. To discuss your representation with one of our experienced criminal defense lawyers at our Cincinnati, Lebanon and Oxford, contact our firm by calling 513-496-0134.