Domestic Violence as Defined in Ohio
Under Ohio law, domestic violence is generally defined as knowingly causing, or attempting to cause, physical harm to a family or household member.
Misdemeanor Domestic Violence
Domestic violence is normally a First Degree misdemeanor. However, Ohio law sets forth numerous factual scenarios where Domestic Violence charges could be categorized at different penalty levels. Domestic Violence is a Third Degree misdemeanor in cases where the harm is only threatened, as opposed to attempted or actually caused. If the accused person knows that the victim is pregnant at the time of the threat, then the Domestic Violence rises to a Third Degree Misdemeanor. Add in the fact that the defendant has a prior conviction and the Domestic Violence charge becomes a Second Degree Misdemeanor. Two or more prior convictions make a Domestic Violence by Threat a First Degree Misdemeanor.
Felony Domestic Violence
Domestic Violence resulting from causing, or attempting to cause, physical harm is normally a First Degree misdemeanor unless the accused person knows the victim is pregnant, which makes it a Felony of the Fifth Degree. One prior conviction makes it a Felony of the Fourth Degree, while two or more prior convictions make the Domestic Violence a Felony of the Third Degree.
Prior Convictions Enhance Domestic Violence Charges
A prior conviction of a Fourth Degree Misdemeanor Domestic Violence can be used to enhance a subsequent Domestic Violence charge to a higher level. Prior convictions for other offenses will also enhance a Domestic Violence charge. These include Negligent Assault, Criminal Damaging, Criminal Mischief, Burglary, Aggravated Trespass, Child Endangerment and any other offense of violence where the victim of that offense was a family or household member.
Domestic Violence Protection Orders in Ohio Courts
It is the policy of most judges in domestic violence cases to restrain the accused person from having contact with any alleged victims, and it is not unusual for the judge to order the accused person out of the residence, even if the he or she owns the residence. This is called a TPO, or Temporary Protection Order. Ohio law allows an alleged victim in a Domestic Violence case to appear at the arraignment and ask the judge or magistrate for a TPO. Alternatively, the alleged victim also has the option of seeking a CPO, or Civil Protection Order, through the Domestic Relations Court.
At the initial court appearance in a Domestic Violence case, the judge will usually ask the alleged victim if he or she desires a protection order against the defendant. When granted, the order often will include minor children.
Additional Domestic Violence Issues in Municipal Court
•· Most jurisdictions have adopted a policy requiring officers to make an arrest in a domestic violence scenario any time police officers are called out, regardless of who called the police.
•· Prosecutors will rarely dismiss charges, even when the alleged victim expresses a desire not to pursue the case and asks that the charges be dismissed.
•· Prosecutors take the viewpoint that it is their decision to prosecute, not the alleged victim's decision.
•· Accordingly, prosecutors will often attempt to compel the testimony of the alleged victim, often by issuing a subpoena to the alleged victim compelling him or her to appear in court and testify.
Get straight Answers to your Domestic Violence Questions now!
If you have questions concerning a criminal charge of Domestic Violence in Ohio contact Attorney Dan Weisenburger right now for a free initial consultation. Mr. Weisenburger is a Board Certified Criminal Defense Specialist with more than 28 years experience in the field of criminal law, and can readily answer any questions you may have.
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