Facing domestic violence charges in Ohio? Get the legal help you need right away. Consulting a domestic violence lawyer is a way to protect your rights and your future. Call the Law Offices of Steven R. Adams for a free case review.
Domestic violence is a term that refers to various criminal charges involving aggressive, abusive, or violent behavior by one person in a domestic relationship against another. This can include spouses, cohabitants, and family members, among others. Domestic violence can take many forms, and may not necessarily involve physical force. For example, the threat of physical harm can, in some cases, constitute a domestic violence offense.
Although circumstances vary from case to case, domestic violence is always a serious charge – and one that poses serious penalties. In Ohio, law enforcement and prosecutors are aggressive when handling these cases and seeking convictions. To protect your rights and future when you stand accused of a domestic violence offense, you need to act quickly and seek our help at The Law Offices of Steven R. Adams, LLC.
In Ohio, a first-time domestic violence conviction is punishable by the following:
- Up to 180 days in jail
- Three years of probation
- A $1,000 fine
- A stay-away order from the victim
- Temporary protective orders
In some cases, a sheriff’s department and/or other probation departments may utilize electronic surveillance to determine how close in proximity an accused person is from the alleged victim’s residence.
When children are involved or witness the incident, the police may contact Children Services and report the incident. Investigations may be initiated, with the possibility that the children will be removed from the home. If convicted, you will never be able to own, carry, or have access to a firearm. A domestic violence conviction also prevents employment opportunities in certain professions, including schools and police work. A domestic violence conviction cannot be expunged from your criminal record.
If you need proven criminal defense, contact us for a free consultation.
Our domestic violence attorney in Cincinnati will review your case and prepare an effective defense strategy for you.
How Arrests Are Made
Ohio has a mandatory arrest policy when there is probable cause a domestic violence incident has occurred. An arrest happens even if both parties decline to prosecute each other. A common misconception is the person who started the fight is always the person arrested. When investigating a domestic violence incident, police make a determination as to the primary aggressor in the fight. Cross complaints or dual arrests occur depending on the circumstances.
Amy's Law and Domestic Violence Cases
Ohio House Bill 29, also known as “Amy’s Law,” changed the way domestic violence cases are viewed and handled in Ohio. The law was written after a domestic violence victim, Amy Rezos, was brutally attacked on two separate occasions by her estranged husband. House Bill 29 requires a judge to consider several factors when making a determination as to bond amounts.
Risk assessment factors include:
- The dangerousness of the offender
- Mental health and substance abuse issues
- History of domestic violence and stalking
- Access to firearms
Has a Temporary Protection Order Been Issued Against You?
A Temporary Protection Order (TPO) is immediately placed in effect following a domestic violence arrest. This order prevents the offender from having any contact with the victim, even though the offender has not been convicted of the crime.
The offender cannot contact the victim in the following ways:
- Telephone calls
- Text messages
- Personal contact
- Through third parties
The order usually remains in effect for the duration of the criminal case, even if the parties reconcile. The offender may be forced to leave the marital residence and seek shelter elsewhere for the remainder of the case. Additionally, children can be listed on the protection order. Violating a protection order is an additional and separate criminal offense and may cause the Judge to revoke bail.
The TPO expires upon completion of the court case. If convicted, the judge might order the defendant to stay away from the victim. The victim can file for a Civil Protection Order at this time. These orders last for up to five years and violation of the order is a crime. With so much on the line, it is important to speak with a knowledgeable attorney who can protect your rights and access to property and children.
Discuss Your Case With Our Cincinnati Criminal Defense Attorneys
Domestic violence is considered a serious offense. Due to the long-lasting ramifications of a conviction, it is important to discuss your case with our experienced and knowledgeable criminal defense attorneys who understand the complexities of domestic violence law and will fight on your behalf. Steven R. Adams is a former prosecutor who has been named to the 2016 Best Lawyers in America® list by U.S. News and World Report. He and our entire legal team have the experience to handle the complexities of domestic violence cases – and we’re ready to see how we can help you.
For more information about how we can help you defend against your charges, give us a call as soon as possible.