Domestic Violence
Domestic Violence charges can be complicated. There are two sides to every story and unfortunately, whoever calls the police tends to get their story told first. We do our best to unravel false narratives and let the truth come to light.
Often the alleged “Victims” have something to gain from the case. Sometimes it’s revenge on a cheating spouse. In others, a Domestic Violence allegation gives them the upper hand in a custody battle. We take all of this into consideration to figure out what the police couldn’t: the truth.
What is Domestic Violence?
Section 2919.25 of the Ohio Revised Code states a person commits Domestic Violence when they do one following:
No person shall knowingly cause or attempt to cause physical harm to a family or household member;
No person shall recklessly cause serious physical harm to a family or household member; or
No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member
A family or household member means any of the following who is residing or has resided with the offender:
A spouse, a person living as a spouse, or a former spouse of the offender;
A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
Alternatively, it can be the natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
What are the Penalties for a Domestic Violence Conviction?
Maximum sentences for each grade of crime in Ohio and some examples of domestic violence offenses that fall into such categories are as follows:
Misdemeanor of the Fourth Degree— Convictions are punishable by up to 30 days in jail and a fine of up to $250. For example: Menacing.
Misdemeanor of the Third Degree— Convictions are punishable by up to 60 days in jail and a fine of up to $500. For example: negligent assault and sexual imposition.
Misdemeanor of the Second Degree— Convictions are punishable by up to 90 days in jail and a fine of up to $750. For example: Repeat domestic violence in which the alleged offender threatened and caused a family or household member to believe that the alleged offender would cause imminent physical harm.
Misdemeanor of the First Degree— Convictions are punishable by up to 180 days in jail and a fine up to $1,000. For example: aggravated menacing, menacing by stalking, simple assault, endangering children, and violation of protection order.
Felony of the Fifth Degree— Repeat violations of a protection order are a fifth-degree felony. Convictions are punishable by up to one year in prison and a fine of up to $2,500.
Felony of the Fourth Degree— Convictions are punishable by up to 18 months in prison and a fine of up to $5,000. For example: repeat menacing by stalking, aggravated assault, repeat endangering children, and unlawful sexual conduct with a minor.
Felony of the Third Degree— Convictions are punishable by up to five years in prison and a fine of up to $10,000. Endangering children resulting in serious physical harm to the child, violation of protection order while committing a felony, and sexual battery.
Felony of the Second Degree—Convictions are punishable by up to eight years in prison and a fine of up to $15,000. For example: felonious assault, child abuse resulting in serious physical harm to the child, and sexual battery when an alleged victim is less than 13 years of age.
Felony of the First Degree— Convictions are punishable by up to 11 years in prison and a fine of up to $20,000. For example: Rape.
What are the Collateral Consequences of a Conviction of Domestic Violence?
There are many collateral consequences to a conviction of Domestic Violence such as:
Loss of employment/inability to obtain employment
Loss of housing/inability to obtain housing
Child Custody issues
Loss of Professional Licenses
Immigration status
Loss of firearms rights
May be unable to seal/expunge