Medina Domestic Violence Lawyers

Understanding Domestic Violence Charges in Ohio

Domestic violence charges carry profound legal and personal implications. Under Ohio Revised Code § 2919.25, domestic violence is broadly defined as causing or attempting to cause physical harm to a family or household member or even threatening to do so.

Family or household members include a range of relationships, such as:

• A current or former spouse
• A person who is living with or has lived with the accused
• A parent or foster parent of the alleged victim
• The other natural parent of the accused’s child 

The Legal Process for Domestic Violence Cases

Understanding the legal process for domestic violence charges is crucial in navigating the road ahead. Depending on the severity of the charges, your case may be handled by the Medina Municipal Court or the Medina County Court of Common Pleas. The offense level will determine which court has jurisdiction over the case.

The stages involved in these cases usually include the following:

• Arrest and initial appearance – If you are accused of domestic violence, law enforcement officers will typically arrest you and take you into custody. You will be informed of the charges against you during your initial appearance.
• Arraignment – Following the initial appearance, the next step is the arraignment. You will formally enter a guilty, not guilty, or no contest plea. It’s critical at this stage to have legal representation, as your attorney can guide you through your options and the potential consequences of each decision.
• Pre-trial motions – Before the trial, your attorney may file pre-trial motions. These motions are requests made to the court to address specific issues related to the case, such as the suppression of evidence or the dismissal of certain charges. In a domestic violence case, your defense attorney will take the time to review the evidence closely, paying special attention to details like witness statements and police reports, to build a strategy that could weaken the prosecution’s case.
• Trial – If your case proceeds to trial, the defense and the prosecution will present evidence and witness testimony. Your attorney will work to demonstrate flaws in the prosecution’s case, such as lack of evidence, unreliable witnesses, or mistaken identity.

It’s important to understand that in Ohio, the alleged victim of a domestic violence incident cannot simply “drop” the charges. Once law enforcement is involved, the prosecutor’s office takes over the case, pursuing it independently of the victim’s wishes. Even if the alleged victim decides not to press charges or recants their statement, the prosecution can continue with the case if they believe enough evidence exists. This process can be frustrating, but it’s important to remember that your defense attorney can still work to challenge the evidence and fight for your rights.

Possible Consequences of a Domestic Violence Conviction

A domestic violence conviction has serious consequences that impact your immediate future and your long-term well-being. Whether it’s a first offense or a repeat violation, the severity of the charges and penalties can vary based on the case's specifics.

A first-time violation of domestic violence that involves physical harm to a family or household member is a first-degree misdemeanor. 

If convicted, you could face:

• Up to 180 days in jail and/or 
• Up to $1,000 in fines

If the offense involved a threat of harm rather than physical injury, it would be a fourth-degree misdemeanor. 

The penalties for this charge are less severe but still impactful, including:

• Up to 30 days in jail and/or 
• Up to $250 in fines

The penalties for domestic violence charges can increase for each subsequent offense. Repeat offenders face the potential for felony charges, which carry far more severe penalties, including longer prison sentences and higher fines.

The impact of a domestic violence conviction reaches far beyond the initial legal repercussions. Your reputation may be permanently affected. Whether you’re facing a misdemeanor or felony conviction, the stigma tied to a domestic violence charge can profoundly affect personal connections, causing tension and distance between family, friends, and coworkers. This social and professional fallout can make securing employment, maintaining a stable home life, or rebuilding trust in personal relationships more difficult.