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When facing a charge as serious as domestic violence, wild uncertainty and fear might engulf your thoughts. These charges can turn your life upside down, leaving a trail of havoc in both your personal and social life. Protecting your rights and safeguarding your freedom in such challenging times requires strategic measures and swift actions. Your first crucial step should be to secure the sound counsel and steadfast representation of a skilled Cincinnati domestic violence attorney.

At Patituce & Associates, LLC, our experienced attorneys are versed in domestic violence laws and dedicated to fighting tirelessly for your rights and freedom. We believe that everyone deserves skilled legal advocacy and fair representation under the law.

Our Cincinnati criminal defense attorneys are well-equipped to defend you from accusations or from an arrest for domestic violence. For each and every client, we prepare our cases as if they were going to trial. Where many defense lawyers are not familiar with the consequences resulting from these allegations, our Cincinnati domestic violence attorneys are backed by decades of experience. To learn more about your legal options, contact a Cincinnati domestic violence lawyer for a free case evaluation today. 

Understanding Domestic Violence Cases in Cincinnati

Domestic violence is an offense often intertwined with layers of complex emotions and coupled with severe potential consequences. In Ohio, understanding the specifics of domestic violence goes beyond acknowledging the abuse. As per the Ohio Revised Code (O.R.C) Section 2919.25, domestic violence is defined as knowingly causing or attempting to cause physical harm to a family or household member or recklessly causing serious harm to them.

The spectrum of domestic violence is broad and can envelope a wide-ranging list of behaviors. This might include physical abuse such as hitting, shoving, or harmful restraint. However, the charges classified under domestic violence are not confined merely to physical transgressions. Emotional abuse that involves intimidation, threats, and purposeful infliction of emotional distress forms a considerable part of domestic violence incidents in Cincinnati and Ohio at large.

The Cincinnati police department and the Ohio justice system expend considerable effort to prevent and punish instances of domestic violence. Charges of domestic violence are taken seriously, with the enforcement of immediate protection orders as stipulated under O.R.C Section 2919.26, which serves to guard victims from their abusers.

While the primary goal of the legal system is to ensure the safety and well-being of victims, it is also necessary to remember that false accusations of domestic violence do occur. In such situations, the accused is thrown into a tumultuous whirlwind of social stigma, legal complications, and personal distress. Regardless of the circumstances surrounding your incident, enlisting the services of a seasoned Cincinnati domestic violence attorney is a decisive factor in your journey toward justice.

Penalties for Domestic Violence in Ohio

Cincinnati Domestic Violence Attorney

Ohio law treats any form of domestic violence with stern severity, and a conviction can drastically alter the course of your life. The penalties for a domestic violence conviction vary depending on whether it’s a first-time offense or if the accused has prior convictions. 

Most domestic violence charges begin as a misdemeanor. In some cases, they could become a felony if you have a certain previous criminal history already established. If you are in the military or serve as a police officer, a conviction of domestic violence will end your career. A domestic violence misdemeanor can be brought on by something as small as a scratch.

Penalties for misdemeanor charges include:

  • A maximum of 6 months in jail
  • Significant fines
  • Costs of going to court
  • A maximum of 5 years probation in addition to time in jail

In addition to these penalties, the convicted may never be able to possess a firearm, never be able to have the charge expunged, and may have to be subject to a civil protection order. The severity of domestic violence charges escalates according to the number of prior charges that a defendant has. 

However, a subsequent offense or one involving physical harm can substantially elevate the penalties imposed, and a second charge of domestic violence is considered a felony.

Cases that involve minor children, weapons, or severe injuries can also escalate the offense to a felony. In the case of a fourth-degree felony, penalties can include up to 18 months in prison and substantial fines.

Penalties are not the only consequences you may face when convicted of domestic violence. A protective order could affect your living arrangements and restrict your rights of property access, custody, or visitation. A conviction can also have profound effects on your future endeavors, impacting future employment, college admissions, and housing applications. Worst of all, the social stigma attached to a domestic violence conviction can affect your relationships and social standing in profound ways.

The relentless fight against these severe repercussions justifies the need for a knowledgeable Cincinnati domestic violence attorney. Having an experienced attorney by your side can arm you with a robust defense, fighting tirelessly to preserve your rights and freedoms while minimizing the potential legal consequences.

What a Cincinnati Domestic Violence Attorney Can Do For You

Facing a domestic violence charge can be an intimidating experience. This experience can become exponentially more overwhelming when considering the complexities of the legal system and its implications for your future. A seasoned Cincinnati domestic violence attorney can stand as your ally, defending your rights and helping you navigate through this tumultuous journey.

Your attorney can advise you at every critical juncture of your case. Starting from the initial police interviews, where every comment made can profoundly impact the direction of your case, to scrutinizing the evidence and challenging the prosecution’s narrative, the guidance of an experienced attorney is instrumental.

An attorney well-versed in domestic violence cases will dedicate time to understanding your unique situation entirely — exploring every detail, no matter how minute it may seem, to construct a robust defense strategy. This investigation might include speaking with witnesses, examining police reports, and challenging the prosecution’s evidence.

Furthermore, your attorney can represent you efficiently in court. This experience extends to presenting persuasive arguments, cross-examining witnesses, and protecting your rights ardently, helping ensure that your side of the story is heard and understood. They’re also effective negotiators, mitigating potential ramifications through plea deals when applicable.

In the volatile circumstances that a domestic violence case often entails, the guidance of a Cincinnati domestic violence attorney can serve as the steadying force you need. With our deeply experienced attorneys at your side, you can confront these charges with the confidence that your rights are being staunchly defended.

Our Approach to Domestic Violence Cases

At our firm, we acknowledge the profound gravity and complexity of domestic violence cases and are committed to offering compassionate and competent legal representation to our clients. Our approach to each case combines diligent investigation, strategic planning, and tenacious advocacy.

Our attorneys will then strategize, leveraging their deep understanding of Cincinnati’s legal landscape and domestic violence laws under Ohio statutes. This strategic plan is tailored uniquely to your situation, focusing on highlighting the strengths of your case and countering the prosecution’s allegations.

We are resolute in our commitment to our clients, ensuring confidentiality, understanding, and relentless representation throughout the legal process. We respect the sensitivity of these cases and strive to maintain open, clear communication to help alleviate your worries and answer any questions you might have.

Facing a domestic violence charge can feel like standing against a tidal wave. In these challenging times, you can trust us to stand by your side, to fight for your rights, and to work tirelessly towards the most favorable outcome. 

Our Proven Track Record in Domestic Violence Cases

Our firm’s ethos is rooted in our relentless pursuit of successful client outcomes, regardless of the complexities inherent to the case. Here are some notable case results where our legal services were instrumental to the client outcomes:

  • In one case, our client was charged with domestic violence, facing a misdemeanor of the first degree under Ohio law. A conviction could have resulted in up to six months in jail, loss of employment, and an incapacity to provide for their family. The prosecution proposed a plea to an assault count. However, we decided to take the case to trial, a decision that proved fortuitous when our client was found not guilty.
  • In another instance, our client was accused of felonious assault, a second-degree felony under Ohio law. A conviction could have led to between two and eight years in prison and severe personal consequences, including loss of job, an inability to support the family, and reputational impact. We presented a staunch defense at trial, leading to an acquittal and a jury finding that our client acted in self-defense.
  • In a particularly challenging case, our client was accused of the rape of a stepchild. Charges involving sexual offenses carry profound social stigmatization and substantial legal implications. However, our firm got all sex counts dismissed, and the client received probation, ensuring a future devoid of the heavy ramifications of an unfounded conviction.

These case results are representative of our firm’s commitment to protecting our clients’ rights and freedoms. Our Cincinnati domestic violence attorneys strive tirelessly to present an effective defense, putting our extensive knowledge and experience of Ohio’s legal system to good use, and achieving the most favorable outcomes.

What Are Potential Defense Strategies in a Domestic Violence Case?

Every domestic violence case is unique, and the defense strategies must be tailored to your specific circumstances. Some potential defense strategies include:

  • Claiming self-defense if you reasonably believed you were in immediate danger of physical harm and responded with an appropriate level of force.
  • Providing evidence of a false accusation. Regrettably, false accusations of domestic violence can occur, often during heated child custody disputes or separations.
  • Challenging the sufficiency and legality of the prosecution’s evidence. If their evidence is inadequate or unlawfully obtained, it may get dismissed, weakening their case.

How Is a Restraining Order or Protection Order Handled in Domestic Violence Cases?

Under Ohio law, a victim of domestic violence can request a protection order that restricts the alleged abuser’s actions. This could mean limiting contact with the victim, relinquishing firearms, or temporarily losing custody of children. Violations of these orders carry severe consequences, so it’s crucial to understand and adhere to them fully.

What Are the Consequences of Violating a Restraining Order or Protection Order in a Domestic Violence Case?

Violating a protection order in Ohio is regarded as a serious offense. Disregarding the terms stipulated in the order, such as contacting the protected person, entering their residence, or not respecting custody orders, could lead to serious penalties. These may range from fines to jail time and could escalate the domestic violence charges you’re facing.

How can a Domestic Violence Charge or Conviction Affect Child Custody or Visitation Rights in Ohio?

In Ohio, one of the most significant factors courts consider when determining child custody is the best interest of the child. A domestic violence charge or conviction can heavily weigh against the best interests criterion. Courts may hesitate to award custody to a parent with a history of violence. They may view it as a risk to the child’s safety. In severe conditions, the parent might lose custody entirely or only be allowed supervised visitation.

Contact a Cincinnati Domestic Violence Lawyer

Joesph C patituce
Joseph C. Patituce, Cincinnati Domestic Violence Attorney

At Patituce & Associates, LLC, we believe that our job is to defend our client and fight for the family to be able to reconcile once the case is over. Contact a Cincinnati criminal defense lawyer today for a free consultation. 

Patituce & Associates, LCC – Cincinnati Office

212 W. 8th St., 
Suite 300
Cincinnati, OH 45202