Skilled Criminal Defense Attorneys for Domestic Violence Charges in Dayton, OH
Domestic violence charges carry serious penalties, stigma, and collateral damage. Gounaris Abboud works diligently to protect its clients from these outcomes and restore their lives. If you have been charged with domestic violence in Dayton or anywhere else throughout Montgomery County, give our team a call to get started on your defense. Remember, a charge is not the end of the story but only the beginning.
From the moment you contact our team, we get to work immediately to preserve your freedom and liberties. With a domestic violence charge, you face not only prison and fines but also damaging collateral consequences, such as loss of child custody, sex offender designation, and employment problems. We have extensive experience fighting tirelessly to get domestic violence charges dropped in Ohio. Call Gounaris Abboud to protect your future!
Understanding Domestic Violence Charges in Ohio
Section 2919.25 of the Ohio Revised Code defines domestic violence as knowingly or recklessly causing harm to a family or household member. It also goes about defining domestic violence as the threat of force used against a family or household member that causes them to reasonably be in fear of an imminent attack.
For domestic violence purposes, a family member or household member is defined as a person who has lived or currently lives with a person suspected of domestic violence.
They are either:
- A spouse or former spouse, including a person living as a spouse.
- A parent, foster parent, or other relative by marriage or blood.
- The parents and children of spouses and former spouses or of persons related by blood or marriage.
Unmarried parents are also considered to be household members or family because they share a child, even if they have never lived with one another.
What Qualifies as Domestic Violence in Ohio?
Domestic disagreements are part and parcel of all marriages. When violence occurs, the state may step in with criminal charges. But what actions can form the basis for domestic violence in Dayton, Ohio, cases and are arrestable?
The following may be used to form the basis of a domestic violence charge in Ohio:
- Pushing, pulling, and grabbing
- Striking, punching, and kicking
- Throwing objects
- Use of deception to cause harm
- Setting traps
- Hitting with an object
- Threatening violence as a consequence or in general
- Harm to a pregnant woman resulting in fetal harm
The state may also technically bring charges for domestic violence in cases involving corporal punishment, such as spanking. Although this is controversial, the law is clear on this matter and may conflict with certain established traditions and cultures of families in Ohio. A domestic violence case may be opened and lead to criminal charges. When this occurs, it is crucial to contact a defense lawyer to mount a strong defense to protect your freedom.
Evidence in Domestic Violence Cases
The evidence in your case can include anything that tends to prove or disprove the elements of the criminal charges. The following evidence may be gathered by the police and your legal team:
- Eyewitness testimony
- Professional testimony
- Photographs and video footage
- Medical records showing physical harm
- Police reports and officer testimony
- Written communications, such as texts or emails
- Social media posts
- Laboratory reports
- Phone records
Not all evidence is admissible. For example, your criminal history might not be admissible to prove you are a bad person, but it may be admissible to show a pattern of conduct.
Can Ohio Domestic Violence Lawyers Prevent Testimony in Domestic Violence Trials?
You have several privileges you can assert to limit testimony. Ohio law blocks the following types of testimony in criminal court:
Spousal Testimony
Spousal privilege normally blocks spouses from disclosing confidential communications. However, spousal privilege does not apply to cases where one spouse committed a crime against the other or their child.
Doctor Testimony
Your doctor, psychologist, or therapist cannot testify against you concerning any communication made while seeking or obtaining treatment.
Clergy Testimony
Your religious advisor cannot be compelled to testify about anything you say while seeking spiritual guidance.
Lawyer Testimony
Your lawyer cannot testify about any admissions you made during a confidential consultation for legal advice. This privilege includes your defense lawyer and any other lawyer with whom you established an attorney-client relationship, including a family law attorney you consulted about divorce or other family law matters.
Confessions
Prosecutors cannot force you to testify during your trial.
Penalties for Domestic Violence in Ohio
The severity of Ohio domestic violence penalties depends on the facts of each case and whether you’re a first-time or repeat offender. Domestic violence jail time in Ohio could range from little to no jail time to years in prison.
A Dayton, OH criminal defense attorney can help you determine what penalties might apply to your case.
First-Time vs. Repeat Offenders
The penalty for a first-time charge of misdemeanor domestic violence in Ohio is a $1,000 fine and six months in jail.
Ohio also has enhanced penalties for a second offense, even if it comes years later, meaning that 2nd-offense domestic violence in Ohio is a felony punishable by 18 months in prison and a $5,000 fine.
Factors That Affect the Severity of the Charge
Is domestic violence a felony in Ohio? Domestic violence in Ohio misdemeanor or felony charges depend on several factors. Factors that the State of Ohio takes into consideration when determining whether to charge a person with a misdemeanor or felony domestic violence include:
- Whether the alleged offender has prior domestic violence offenses
- The nature of the crime
- The severity of the victim’s injuries
- Whether the alleged offender knew the victim was a pregnant woman
- If the victim was pregnant, whether the unborn was harmed
A domestic violence lawyer can help defend against either a misdemeanor or a felony domestic violence charge. Be wary of hiring a cheap domestic violence lawyer. A conviction could result in a lengthy prison sentence.
Domestic Violence Penalties Overview
| Type of Offense | Description | Penalty |
|---|---|---|
| Fourth-Degree Misdemeanor |
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| Third-Degree Misdemeanor |
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| Second-Degree Misdemeanor |
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| First-Degree Misdemeanor |
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| Fifth-Degree Felony | Knew the family or household member was pregnant and either:
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Up to 12 months in prison, with a mandatory minimum of:
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| Fourth-Degree Felony | Has 1 prior domestic violence charge and:
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Up to 18 months in prison, with a mandatory minimum of:
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| Third-Degree Felony | Has 2 prior domestic violence convictions and either:
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Up to 3 years in prison, with a mandatory minimum of:
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Temporary Protection Orders After a Domestic Violence Incident
Judges automatically issue temporary protection orders (TPOs) when prosecutors file domestic charges, regardless of the severity of the allegations. Importantly, violating a TPO constitutes a criminal offense. Thus, you must observe the civil protection order’s restrictions to avoid further charges.
If your family or household situation requires you to have some contact, your lawyer can file a motion to modify the TPO. For example, if you have child custody and must take your child to your spouse’s home for weekend visits, your lawyer can seek an order that accommodates your family law issues. Just make sure you talk to your lawyer rather than trying to take matters into your own hands.
