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The Law Office of Stephen W. Wolf, LLC

26777 Lorain Road Suite 709

North Olmsted, Ohio  44070


Domestic Violence:  Sometimes the defendant is actually the victim

The charges against my client were dismissed on the morning of the jury trial.

Prior to my involvement, my client was charged with domestic violence which was plead down to disorderly conduct.  She was not represented by an attorney.  Big mistake.  She indicated to anyone who would listen that she was the victim, not the boyfriend who had brought the domestic violence charges.  No one believed her.  She had to do anger management, mental health assessments, probation meetings, pay a fine, pay costs, etc.

She was again arrested.  This time she hired me.  I was able to prove to the city that her boyfriend was abusing her.  The abuse was horrific.  By the time the case was brought to trial everyone involved either believed she was the victim or, unable to acutally say that, stated "we can't win this case so we are dismissing it".

PROVE IT, DON'T JUST CLAIM IT!

It is vital that you keep records, recordings, photographs and whatever other documents you can come up with to PROVE your claim.  Most cellular phones will record and in Ohio you can record any discussion as long as you are part of that discussion.

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!

Brady Disqualifier

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 penalty page below.

Felony Domestic Violence

Many prior convictions can result in domestic violence being escalated to a felony.  See below!  Call me!

 

About the arrest - click here

About Protection Orders - click here

What is a family or household member?

Domestic Violence as a Felony

Domestic Violence Penalties - click here

Domestic Violence and Weapons

Withdrawing a complaint - click here

My friend was arrested - click here