What is a Domestic Violence Case?
In Ohio, domestic violence includes any action between households or family members that results in:
● Intentional physical harm (purposely hurting another family member)
● Reckless physical harm (accidentally hurting another family member resulting in serious physical or psychological harm)
● A threat of immediate physical harm (the threat of danger was imminent and the victim believed that they were in danger of physical harm)
Read more about actions that can lead to charges of domestic violence.
What Happens in a Domestic Violence Case?
A domestic violence (DV) case can arise when a victim reports an incident to the police or files a restraining order against a person. Then, the accused is typically arrested and may be charged with a misdemeanor or felony.
The penalties for domestic violence charges depend on the circumstances/severity of the case. They can range from $500 to $10,000 in fines and 60 days to multiple years in jail. A domestic violence conviction could also impact your home, job, and child custody.
It is important not to discuss your case with the accuser or ask them not to press charges. This could be considered Intimidation of a Witness or Victim, which can be charged as either a First Degree Misdemeanor or a Third Degree Felony.
If the victim files a restraining order (a Temporary Protection Order - or TPO) you should not violate the terms. Failure to follow a restraining order could result in jail time, fines, loss of custody, eviction from your home, and negative outcomes at your trial.
What Happens If The Victim Doesn’t Want To Prosecute In A Domestic Violence Case?
Even if the victim does not want to press charges in a DV case, you can still be prosecuted. The decision is in the hands of the prosecutor, and they cannot drop the charges solely at the request of the victim. However, the prosecutor may take the victim’s wishes into account when evaluating the case.
If the victim does not wish to cooperate, the prosecution can use 911 calls, police and witness testimonies, medical reports, etc. as evidence in a domestic violence case. Read more about what Ohio prosecutors must prove to convict you of a crime.
If you are charged with DV, it is important not to confront the victim or violate any protection orders. It is also important to call an experienced team of attorneys to lead you through the process.
Are You Looking for a Criminal Defense Lawyer in Cincinnati, OH?
If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation.
