Cleveland Family Crime Lawyer

Parents have a duty to take appropriate actions to protect and support their children. Failure to live up to that standard can have serious consequences. When parents neglect their children, physically abuse them, or engage in conduct like drunk driving with a young child in the car, they can be charged with endangering children by Cleveland prosecutors. The grade of the charge has to do with your specific conduct and the consequences of it.

For instance, driving drunk with a minor child in the car will be charged as a first-degree misdemeanor unless the child was injured. Depending on the severity of the injuries to the child, endangering children, in that case, will be charged as a fifth or fourth-degree felony. You could face 180 days, 12 months, or 18 months in prison for drunk driving with a child in the car, and your exposure to jail time has everything to do with the results of the conduct. In cases of child abuse, torture, or extreme disciplinary actions that result in harm to the child, you can face charges as serious as a second-degree felony and up to 8 years in prison.

Parents of children who are suspended or expelled from school or who are excessively absent or truant may be subject to mandatory parental education classes by the local school board. Failure to attend these classes can result in criminal charges against the parent. Parental education neglect is charged by Cleveland prosecutors when the parent of a suspended or expelled student fails to meet the requirements set forth by the local school district.

Parental education neglect is a fourth-degree misdemeanor, and conviction can result in up to 30 days in jail. Parents work hard to provide for their children—and some are forced to work multiple jobs with little or no support. Maintaining a stable roof over the family’s head and putting food on the table shouldn’t subject you to harassment from Cleveland prosecutors.

Daycares and other childcare facilities operate under a strict regulatory regime intended to protect children, ease the minds of parents, and ensure high standards of safety and security. When a childcare provider misrepresents facts about their facility, staff, or other elements of their operation to a parent, guardian, police officer, inspector, or investigator, they can be charged with misrepresentation relating to the provision of child care. This is a first-degree misdemeanor charge that can result in six months in jail. Because these cases so often hinge on a he-said, she-said type of allegation, it’s vital that you work with experienced Cleveland family crime attorneys who know how to rebut the charges against you and challenge the testimony from the other side.

While interference with custody charges is usually applied when a non-custodial parent refuses to abide by a court order and fails to return their child to the custodial parent, there are other circumstances. For instance, removing a child from juvenile detention or a mental health facility is also an interference with custody, as is aiding or enticing a child to leave their custodial residence. Penalties vary based on the specifics of the case.

For removing a child from an institution they’re ordered by law to be in, you’ll face a third-degree misdemeanor charge and up to 60 days if convicted. Keeping a child away from his or her custodial parent is a first-degree misdemeanor, with a six month sentence possible if convicted. If the child is taken out of state, the charge is a felony of the fifth degree, with a maximum sentence of six to 12 months. If the child is injured as a result of the violation, the charge is a fourth-degree felony, and you could go to jail for as long as 18 months if convicted.

When legal action is pending between actual or alleged parents, it is against the law to use threats, harassment, or violence to try to stop the other party from pursuing or modifying an existing order. The law is strongly interested in ensuring that all members of the community have access to the courts to resolve their disputes.

People who engage in conduct designed to impede that access may be in violation of the law. As a base charge, this is a first-degree misdemeanor, and you could spend up to six months in jail. If you’ve been convicted under the statute in the past, you’ll be charged at the fifth-degree felony level and face up to a year behind bars.

O.R.C. 2919.24 charges that a parent has contributed to a child’s unwillingness to submit to authority, to attend school as required by law, or that a parent has otherwise encouraged conduct in a child that could harm their morals or health, can be devastating to an entire family. Prosecutors can charge contributing to unruliness or delinquency of a child against people who aren’t parents as well; however, most often, the allegations are that a parent or guardian is encouraging behavior that puts a child’s welfare at risk.

The charge is a first-degree misdemeanor, but importantly, each day of violation can be charged separately. For instance, if your child refuses to attend school on separate occasions and you are aware of the behavior and not taking reasonable actions to rectify the situation, you can be charged for each of those occasions. Each count can lead to a six-month jail sentence. These are extremely serious charges that you have to protect yourself and your family from.

In cases where the victim of certain crimes is a family member or member of a defendant’s household, the victim may ask for a temporary protection order to be issued by the court as a condition of your release from jail. This order can have a significant impact on your life, limiting your access to your home, work, school, and job.

The rules governing how protection orders are issued are covered in the statute. 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. Aside from the charges you’re facing, you’ll also have to contend with hearings related to the protection order and dealing with possible allegations of violations, even if inadvertent.

In certain cases, defendants in criminal matters can be ordered to undergo an evaluation of their mental state by a psychiatrist, psychologist, or social worker in order to establish a clearer understanding of the thought processes that led to situations like violation of a protection order, stalking behaviors, and related conduct.

The defendant will pay for the examination as part of the court costs applied to the criminal case. Under the statute for the evaluation of the mental condition of the defendant, the mental health professional tasked with the evaluation can even request info from family members and others in your household if they feel they need it. However, those people are not obligated to provide anything. In complex criminal cases where mental state is considered a factor, you must work with the most experienced Cleveland family crimes lawyers you can find.

If you are subject to a protection order issued by a family court in a state outside of Ohio, that order can be registered with the courts in this state, and local law enforcement and prosecutors can hold you accountable to its terms. A protection order issued by the court of another state provides the framework by which an out-of-state protection order can be registered here and stipulates that any costs associated with the filing can be assessed to you.

People who’ve been involved in criminal cases in another state may believe that moving away will give them a chance to start fresh, but when protection orders are in the mix, you may find your trouble has followed you.

Patituce & Associates is home to some of Cleveland’s most experienced family criminal 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’ve seen it all from the other side, and the level of support and insight we can provide our clients when it comes to pushing back against the charges they’re facing is simply unavailable at other firms in the area.

The intimate nature of many family offenses charges means that your attorneys have to be able to protect your reputation as well as your freedom. In a high-profile case or a case that’s gained notoriety in the community, you don’t have to be convicted to face serious repercussions from the allegations against you.

You need an experienced trial lawyer with in-depth knowledge of both criminal and family law. Experienced Cleveland family crime lawyers such as the ones at our firm 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. When you’re facing charges for family crimes, call a criminal and family law attorney at Patituce & Associates right away at (440) 771-1175.