Cleveland Domestic Violence Lawyer

Under the domestic violence statute of the Ohio Revised Code, a person may be accused of domestic violence if they allegedly caused or attempted to cause harm to a family or household member.

Family and household members are defined as the following individuals who live or lived with the alleged offender:

• Spouse, person living as a spouse, former spouse;
• Parent, foster parent, or child of the alleged offender;
• Any person related by blood or marriage to the alleged offender;
• Parent or child of the alleged offender’s spouse, a person living with them as a spouse, or a former spouse
• A person related by blood/marriage to the alleged offender’s spouse, a person living with them as a spouse, or a former spouse
• Another natural parent of the alleged offender’s biological child

For most cases, domestic violence charges start off as a misdemeanor; however, depending on your prior history with the law, they may become a felony.

A first offense involving a threat to use physical force is a second-degree misdemeanor punishable by:

• 30 days in jail
• A $250 fine

A first offense involving physical harm or the attempt to cause harm is a first-degree misdemeanor punishable by:

On top of the criminal penalties that are imposed, the convicted will have several civil types of penalties. For example, they can never have possession of a firearm, cannot expunge the charge, and may be subject to a civil protection order.

Finally, domestic violence charges escalate depending on the number of priors that the defendant has. A second, third, or fourth domestic violence can be a felony resulting in up to 8 years in prison. And if you are in the military, or are a police officer, a conviction will end your career.

Our Cleveland domestic violence attorneys protect clients from these charges by always preparing our cases from the start as if we are going to go to trial. We understand the consequences associated with these allegations; however, many defense lawyers do not. Having an experienced lawyer by your side to defend you is critical for ensuring that you have all of the guidance and support that you need during this time. Without a reputable attorney, you may be risking your future and your reputation.

One of the unique things about a domestic violence matter is that the alleged offender can suffer sanctions before the criminal case has concluded. That is because the alleged victim–or a person working on their behalf–can seek a protection order.

The individual seeking the order must file a petition with the court having jurisdiction over the case. Within 24 hours after receiving the request, the court will hold a hearing to determine whether to grant the order. The motion may be approved if the court feels that the alleged offender poses a risk to the alleged victim.

The protection order will contain conditions, including:

• Prohibiting the alleged offender from going to the alleged victim’s home, school, or place of employment
• Ordering the alleged offender to refrain from abusing or committing any sexually oriented offenses against the alleged victim
• Forbidding the alleged offender from taking or hiding the alleged victim’s companion animal
• Granting possession of a shared home to the alleged victim
• Temporarily restricting the alleged offender’s parental rights and responsibilities and allocating parenting time
• Prohibiting the alleged offender from possessing firearms or ammunition

The court can also issue an ex parte order of protection. This means that the alleged victim’s request may be granted without the alleged offender being in court to present their side of the story. If an ex parte order is issued, the court must hold a hearing the next day with the alleged offender present.

A temporary domestic violence restraining order is valid until either:

• The criminal case is complete; or
• A permanent protection order is granted.

When a domestic violence protection order is in place, the alleged offender must be mindful of who they communicate with, where they go, and what they do. A violation of any of the conditions is a crime.

A first violation of a restraining order is a first-degree misdemeanor, punishable by:

• Up to 180 days of incarceration
• Up to $1,000 in fines

A second or subsequent restraining order violation is a fifth-degree felony, punishable by:

• Up to 12 months of imprisonment
• Up to $2,500 in fines

Having an experienced lawyer by your side to protect and defend you is important for ensuring that you have all of the support and guidance that you need during this challenging time. Don’t go through a domestic violence charge on your own. Let our attorneys help protect your rights, your future, and your reputation.

A domestic violence lawyer can help you in the following ways:

• Providing you with objective legal guidance: Having objective legal guidance during this time is critical for ensuring that your rights and future are protected. It’s important that you know all of your legal options, and the best route to take. Any decisions that you make will directly impact your case, and your lawyer will provide you with clarity on the best way to proceed.
• Offering you emotional support: Having an experienced lawyer by your side during this time is important for ensuring that you have all of the support and emotional reassurance that you need during this difficult time.
• Collecting important evidence: Your lawyer will have worked with many other individuals facing a similar struggle to you. He or she will be able to collect the necessary evidence to support your case and defend you.
• Investigating your charges: Your lawyer will thoroughly examine and investigate your charges. This is important to ensure that you have a realistic evaluation of the case prospects and that you are guided on the best route to take.
• Protecting your future: Without a reputable lawyer by your side, you may be risking your future and your reputation. Your attorney will be by your side to guide and support you through each step of the process and help prevent you from making any costly mistakes.
• Effectively representing you in trial: If your case gets taken to court, having a reputable lawyer to represent you is extremely important. Your lawyer will effectively negotiate your sentence and help to protect your rights and your future.

Yes, in Ohio, physical harm is not always required for a domestic violence charge. Threats of physical harm or engaging in behavior that causes someone to fear for their safety can also result in domestic violence charges. This can include verbal threats, gestures that imply harm, or actions that make a family or household member feel they are in imminent danger. Ohio law recognizes that emotional abuse and threats can be just as damaging as physical violence.

Yes, domestic violence charges can have a significant impact on child custody decisions in Ohio. Courts consider the safety and well-being of the child as the highest priority when determining custody arrangements. If a parent is convicted of domestic violence, the court may limit or deny custody and visitation rights. In some cases, supervised visitation may be ordered. Even allegations of domestic violence, without a conviction, can influence custody decisions if the court believes the child’s welfare is at risk.

Yes, a domestic violence conviction in Ohio can have serious consequences for gun ownership. Under federal law, individuals convicted of a misdemeanor or felony domestic violence offense are prohibited from owning or possessing firearms. This restriction is permanent and applies regardless of how long ago the conviction occurred. In some cases, this prohibition may be lifted through a legal process, but it generally remains in effect unless the conviction is overturned or expunged.

In Ohio, domestic violence laws apply not only to married couples but also to intimate partners who are not married. If two people are living together or have previously lived together as a couple, they are considered household members under the law, making domestic violence charges applicable. Additionally, if the individuals share a child, domestic violence laws apply even if they were never married or cohabitating. This means that Ohio’s domestic violence statutes protect a broad range of intimate relationships.