Ohio Domestic Violence Law
There are significant ramifications involved with a charge of Domestic Violence. The first time an individual is charged with domestic violence it is generally a misdemeanor of the first degree. This means that the person faces a possible county jail time of six months and a fine of up to $1000. However, if the person is charged with a second, third, or fourth domestic violence charge the person faces a felony count of domestic violence which can range from a felony of the fifth degree to a felony of the third degree. This means you could go to prison for up to five years. You could face a fine of up to $10,000.
If you are charged with domestic violence and plead to any crime under those facts then Federal Law prohibits you from owning or possessing a firearm. This means that if you have a career in law enforcement or security, you have essentially ended your career.
This area of law is much more complicated than one expects. I have years of experience handling these kinds of cases. I know how to properly approach and interview witnesses, police officers and prosecutors. I will look into all of the evidence that the prosecutor alleges to be ready to use against you. I will look into and interview each and every witness that you might have.
The below give some information on typical issues that come up in a domestic violence arrest. PLEASE! YOU NEED AN ATTORNEY TO DETERMINE ISSUES THAT PERTAIN TO YOUR CASE. CALL ME! The below is just a sampling of the involved issues!
Because of recent court decisions, going to trial may be your only option. Not going to trial, making a plea bargain, regardless what that plea bargain is, will almost certainly result in a "Brady Disqualifier". A "Brady Disqualifier" means that you can no longer possess weapons. You cannot hunt. You cannot become a police officer. For this reason many people charged with domestic violence must fight the charge. Please see the weapons page below.
There is another case that suggests Ohio law won't disqualify. See the weapons page below.
Felony Domestic Violence
Many prior convictions can result in domestic violence being escalated to a felony. See below! Call me!
I spent a great deal of time in numerous pretrials laying the groundwork for a husband and wife to come back together as a couple. Ohio's domestic violence laws work well when violence is an issue. Otherwise it works to keep couples apart; providing protection but splitting marriages. Married forty years, K.W. and J.W. never realized the problems that would occur when they called the police. I managed to convince the court they belonged together. From a possible six months in jail and a $1000 maximum fine, K.W. had to do forty hours of community service and pay $122 in court costs. Afterward, I worked to seal the record.
Enabled daughter brings domestic violence charges against Father
Dad provided well for his 21 year old daughter. He provided her with room and board, paid for her college, paid for her car, paid for the daughter's 2 year old child's room and board, diapers, clothes and other items. Daughter was collecting over $500.00 in child support that Dad never saw. Dad's pay-back? An allegation of domestic violence that cost him three days in jail until he could be arraigned. Dad hired me. Dad had the support of the entire family and I used that support to describe to the prosecutor why the case should not be tried. The case was dismissed at the first pretrial.
Jury: Not guilty of assault
My client was attacked by her boyfriend's aunt. There was a cultural component to this case as the aunt wanted someone of her own descent dating her nephew. I was able to convince a jury that between the aunt's changing story and the horrible police work, my client was not guilty. It was only a few minutes in the jury room before they all agreed my client should go free.