Ohio prosecutors take crimes against the family very seriously. Even misdemeanor charges can result in months of jail time, restraining orders, fines, and other penalties. At the felony level, a conviction can result in prison time of at least six months and often many years.
You may have had a protection order filed against you, or you have been charged with a crime like Child Abuse or Endangerment in the midst of the divorce process. Now, you’re concerned about how you’ll protect your freedom and your reputation.
That’s where a Cleveland family crimes lawyer comes in. This kind of lawyer can assist you with navigating criminal cases that involve sensitive family issues. Such matters may range from reported alleged mistreatment of children to abortion trafficking and even violating protection orders issued by a court of law.
If you have been charged with a crime against the family or a related criminal matter, a criminal lawyer from Patituce & Associates can help. We are committed to making your custody, divorce, and/or any related family criminal matter as effortless and fair as possible.
Contact our law firm today at 440-471-7784 to schedule a free consultation and learn more about our family crimes defense process in Cleveland, Ohio.
Examples of Crimes Against Family in Ohio
Here are some of the more common family crimes in Ohio:
Bigamy is a term used to define the process of entering into a marriage while still being married to another person. If somebody is married to one person and tries to enter into another marriage to a different person, this is considered bigamous. The second marriage is considered null and void and can be used as grounds for divorce.
In Ohio, bigamy is considered a first-degree misdemeanor, and if you are found guilty, you could face up to 6 months in jail. Bigamy is different from polygamy as the latter is defined as the custom or practice of having more than one wife.
If you honestly believed that your previous married had been annulled, then you didn’t intend to commit bigamy, and you can make a case for yourself if “intent” cannot be proven.
Abortion is legal in the state of Ohio until a fetus is viable. After this point, abortion is only allowed under the law where it is necessary to safeguard the well-being of the mother. Abortion is a currently a highly contentious and sensitive topic in the U.S with very passionate advocates on both sides of the debate.
Ohio has a “fetal heartbeat” law that outlaws almost all abortions if a fetal heartbeat can be detected (usually 5 to 6 weeks). When you’re faced with an unwanted pregnancy, the last thing you have energy or time for is deconstructing complex legal texts and documents.
An experienced lawyer in such matters knows the law and its consequences for your case. It’s recommended that you contact an Ohio family crimes attorney today if you are facing an accusation of unlawful abortion.
Another crime that involves abortion in the state of Ohio is a felony known as “abortion manslaughter” or “abortion murder.” This is a first-degree felony that makes it a crime for anyone to have or procure abortions. A person can only be charged with abortion manslaughter if they are found to have intentionally taken the life of an unborn child who was alive when removed from the womb of a pregnant woman through an unlawful abortion.
This crime has some really punitive consequences as anyone found guilty of this crime could face up to 15 years in prison. With that in mind, it’s important to talk to a competent and experienced attorney when dealing with such cases.
Ohio’s abortion trafficking law prohibits anyone from experimenting upon or selling an unborn baby who was a product of abortion. Experiments do not include medical autopsies that are conducted by a licensed medical practitioner.
In Ohio, abortion trafficking is a first-degree misdemeanor offense that is mostly targeted at doctors and abortion clinics who participate in activities related to the trafficking of fetal tissue and organs, including transportation and storage.
Partial Birth Feticide
A partial birth feticide is a form of partial abortion ban that prohibits late termination of pregnancy and is sometimes referred to as “intact dilation and extraction” or “partial-birth abortion”. Under this law, any person who purposefully performs a later termination of a pregnancy and thereby kills an unborn baby shall be charged in a court of law and could face up to two years in prison.
Partial-birth abortion usually takes place in the second trimester, from 15 to 26 weeks. The law only prohibits a method of abortion, as opposed to preventing a woman from having an abortion.
Terminating/Attempting to Terminate Human Pregnancy After Viability
Post-viability abortions are illegal in the state of Ohio. Viability is defined as the chances of a fetus staying alive outside the uterus. Viability increases as the gestational period increase. A medical practitioner is required under the law to inform a pregnant woman of the probable gestational age of a fetus before performing an abortion.
Under Ohio law, if a fetus is viable, an abortion can only be performed if a licensed physical believe that it is necessary to preserve your health or prevent your death.
Endangering Children (Child Abuse/Endangerment)
An adult who is responsible for a child has a legal duty to make sure that the child is free from facing unreasonable dangerous scenarios. When an adult who is responsible for a child fails to properly protect a child, the state may opt to punish this as a crime referred to as “endangering children” or more commonly “child abuse/endangerment”.
Child endangerment happens whenever an adult caregiver, guardian, or parent allows a child to be placed or remain in an inappropriate, unhealthy, or dangerous situation.
Parental Education Neglect
Parental educational neglect occurs when an adult caregiver or parent fails to enroll a child of mandatory school age in a learning institution or to offer appropriate special education training or homeschooling’. Under Ohio’s “mandatory education laws” all children between the ages of 6 and 18 are required to attend school. This law was put in place to reduce the number of children who skip school.
Both truants and their legal guardians can face serious legal consequences, including juvenile court proceedings if found guilty of educational neglect.
Misrepresentation Relating to the Provision of Child Care
Misrepresentation relating to the provision of childcare shows that an individual or an entity involved in childcare has given false or misleading information about the services or other vital information to individuals or entities that would be required to know/have such information. Moreover, failure to give the same information can be viewed as misrepresentation relating to the provision of child care.
This law specifically targets daycare centers, daycare workers, and nannies who fail to provide parents with crucial information regarding their children.
Interference With Custody
Interference with the custody of a minor is the deliberate coaxing, enticing, or taking away of a child by a parent or guardian who does not have the right of custody, with the intent of concealing or detaining such child from a parent who has the right of custody given to them by a court of law.
In Ohio, interference with custody is a crime. This issue typically arises when a person fails to return her child to you. This sometimes happens with friends or relatives who try to assert their wishes of wanting to spend more time with a child of who they don’t have legal custody.
Interfering With Action to Issue or Modify Support Order
An order to pay child support can be modified or changed by the court that issued the order if the circumstances of either parent change in the aftermath of the order. Interfering with the process of issuing or modifying child support orders is a crime in the state of Ohio. Until an order is vacated, terminated, or changed. The amount and nature of support ordered is owed and legally enforceable
Contributing to Unruliness or Delinquency of a Child
When kids are arrested for committing crimes, their guardians or parents could face criminal charges as well. Ohio law makes it a crime for adult caregivers to contribute to the delinquency or unruliness of a minor and many parents often find themselves facing criminal prosecution of their own.
Like many Ohio family crimes, this one is very broad and can cover actions that may appear trivial or innocent to most individuals. If your child has been accused of a crime, contact Patituce & Associates on 440-471-7784 today.
Motion for and Hearing on Protection Order
A protection order is granted by a judge and orders the defendant to stay away from the alleged victim of domestic violence. If the defendant goes against the protection order, a new charge could be brought. This order can have a significant impact on your life, limiting your access to your home, work, school, and job.
While judges tend to err on the side of protecting alleged victims, it’s important that you get experienced legal help right away when facing a temporary protection order. Our Cleveland family crimes lawyers can represent you in proceedings related to protection orders.
Violating Protection Order
All protection orders issued in the state of Ohio are legally binding. Anyone who violates such orders is considered to have committed a crime and can face the full force of the justice department.
Protection Order Issued By a Court of Another State
If an alleged victim of domestic violence has a valid protection order issued in another state, she/he doesn’t need to get a completely new order. Comparable protection order issues in other states may also be deemed to be valid in Ohio.
How a Family Crimes Lawyer Can Help
Crimes against family can cause a lot of devastation and distress within a family. Allegations can also ruin your reputation even if you’re not convicted.
Patituce & Associates is home to some of Cleveland’s most experienced family crime defense attorneys. We are former prosecutors from right here in Ohio, so we have extensive knowledge of how criminal cases are built and prosecuted.
We know how to manage every aspect of your case, from protecting your privacy and reputation to fighting the charges against you every step of the way.
Call Our Cleveland Family Crimes Lawyers Today to Discuss Your Case
When you choose Patituce & Associates as your family crimes defense attorneys, you can rest assured that you are getting the best legal representation available. Our Cleveland criminal defense attorneys have over 70 years of combined experience and a track record of success.
We personally tailor a defense for each case and aggressively fight for your rights. Don’t hesitate to contact us at 440-471-7784 today to schedule a free, confidential consultation with our Cleveland family crimes lawyers.