Top 8 Questions About Felony Domestic Violence Charges Answered

Felony domestic violence charges carry serious consequences in Ohio that can affect every part of a person’s life. Understanding these charges and their implications is critical for anyone facing accusations, their loved ones, or those simply seeking information. Here are the top 10 commonly asked questions about felony domestic violence charges in Ohio, answered in clear, compassionate terms.

1. What Qualifies Domestic Violence as a Felony in Ohio?

In Ohio, domestic violence involves knowingly or recklessly causing physical harm or threatening a family or household member.

Charges become a felony if the offender:

• Has prior domestic violence convictions
• Causes serious physical harm or uses a weapon
• Violates a protection order
• Commits violence against a pregnant victim, knowing about the pregnancy

Felony domestic violence charges represent more serious offenses and are punished more harshly than misdemeanors.

2. How Are Felony Domestic Violence Charges Different from Misdemeanor Charges?

Misdemeanor domestic violence charges typically involve first offenses without aggravating factors and carry lighter penalties like shorter jail time or fines. Felony charges result from repeated offenses or more severe circumstances and can lead to more extended imprisonment, higher fines, and lasting legal consequences.

3. What Are the Potential Fines and Prison Sentences for Felony Domestic Violence in Ohio?

Felony domestic violence charges in Ohio are divided into three primary degrees, each with differing potential prison sentences and fines. The degree depends on factors such as the severity of the offense, the offender’s prior record, and if aggravating circumstances exist (such as harm to a pregnant victim or use of a weapon).

Here's a clearer breakdown:

• Fifth-Degree Felony – This is the least severe felony level for domestic violence. If convicted, you could face 6 to 12 months in prison and fines up to $2,500. This charge often applies to repeat offenses or cases involving less severe injuries but still serious violations, such as violating a protection order.
• Fourth-Degree Felony – More serious than the fifth degree, convictions can result in 6 to 18 months in prison and fines up to $5,000. This applies to cases involving more substantial harm, repeat violations, or domestic violence involving stalking or aggravated assault.
• Third-Degree Felony – This is the most severe common domestic violence felony charge under Ohio law and may lead to 9 months to 3 years in prison and fines as high as $10,000. These charges typically occur when significant physical harm is inflicted or if the offender has multiple prior convictions.

Additionally, Ohio law has recently passed measures to increase penalties for certain felony domestic violence offenses, particularly emphasizing heightened sentences for repeat offenders and cases involving pregnant victims.

Other important considerations include:

• Sentencing Flexibility – Judges in Ohio have discretion within these ranges based on the specifics of the case, including any mitigating or aggravating factors.
• Mandatory Minimum Sentences – In some cases, particularly those involving harm to pregnant victims, courts are required to impose minimum prison terms, usually starting at six months.
• Probation and Alternative Sentencing – Sometimes, courts may impose probation or residential treatment as part of sentencing, but felony convictions almost always carry the possibility of incarceration.

The length of imprisonment and monetary fines imposed have long-term consequences beyond just the time served. They can impact future employment, personal freedoms, and legal rights, highlighting the severity of felony domestic violence charges in Ohio.

4. Can a Prior Domestic Violence Conviction Make a New Charge a Felony?

Yes. If a person has one or more prior domestic violence convictions—whether for domestic violence or substantially similar offenses involving family members—subsequent charges can automatically be upgraded to felony-level. Repeat offenders face harsher legal consequences.

5. How Does Ohio Law Treat Domestic Violence Against Pregnant Victims?

Ohio law imposes significantly stricter penalties when the victim of domestic violence is pregnant and the offender either knows or should reasonably know of the pregnancy. This enhanced treatment reflects the additional risk posed not only to the pregnant person but also to the unborn child, recognizing the vulnerability and potential for severe harm.

The legal consequences in such cases can elevate the charges to a felony with mandatory minimum prison sentences. Recent legislative changes, such as House Bill 111, passed in 2025, have further increased these penalties, emphasizing child protection and offender accountability.

Specific penalties include:

• Mandatory minimum prison terms – For third-degree felony domestic violence against a pregnant woman, Ohio law now mandates a minimum 12-month prison sentence, up from the previous six months. For serious physical injury to the unborn child or termination of the pregnancy due to the assault, the minimum sentence can increase to 18 months or more.
• Fines – Offenders may face fines up to $10,000, depending on the felony degree and case severity.
• Felony classification and sentencing tiers – The typical third-degree felony sentencing range of 9 to 36 months has been expanded to 12 to 60 months for repeat offenders or those committing violence against pregnant victims.

Why Are Penalties Stricter?

Pregnancy presents unique concerns because physical violence can directly harm both the parent and the unborn child. Injuries may have lasting, irreversible consequences. Ohio’s enhanced penalties aim to deter domestic violence during pregnancy and serve as a strong message that these offenses will be prosecuted seriously.

6. Can Felony Domestic Violence Charges Affect Child Custody or Visitation Rights?

Domestic violence convictions often impact family law cases. Courts consider charges when ruling on custody or visitation to protect children and other family members. Convictions can lead to restrictions or denial of custody and supervised visitation requirements.

7. What Defenses Are Commonly Used Against Felony Domestic Violence Charges?

Felony domestic violence charges are serious, but having a strong defense can make all the difference in the outcome of the case. Experienced defense attorneys rely on a variety of strategies tailored to the unique facts of each case.

Here’s an expanded look at some of the most common defenses used in Ohio felony domestic violence cases:

• Challenging the Accuracy of Evidence or Witness Statements – Domestic violence cases often rely heavily on witness testimony, 911 calls, or police reports. Defense attorneys carefully examine all evidence for inconsistencies, contradictions, or errors. Witnesses may have conflicting memories or motives that affect their credibility. Officers’ reports might contain inaccuracies or procedural errors. Scrutinizing every detail can expose reasonable doubt, which is essential for the defense.
• Arguing Lack of Intent or Mistaken Identity – For a felony domestic violence conviction, the prosecution generally must prove the accused intentionally or recklessly caused harm. Showing there was no intent to injure, or that the accused was mistakenly identified as the offender, can counter charges. In cases where multiple people were present or involved, witnesses might confuse who caused harm.
• Presenting Evidence of Self-Defense – If the defendant acted to defend themselves or another person from imminent harm, this can be a powerful defense. Self-defense requires demonstrating a reasonable belief that force was necessary to prevent injury. When the accused was protecting themselves from aggression or abuse, even if force was used, it may negate criminal liability.
• Questioning the Legitimacy of Protection Orders – Many felony domestic violence charges stem from violations of protection orders. These civil court orders limit contact with the alleged victim. Defense attorneys may challenge whether a valid protection order was in place, if the terms were properly communicated, or if the defendant knowingly violated the order. Sometimes orders are issued in error or based on false allegations, and legal defense can address these issues.
• Addressing False or Exaggerated Accusations – Unfortunately, false accusations or exaggerations can arise from personal disputes, custody battles, or misunderstandings. Presenting evidence that disputes the accuser’s claims—such as text messages, video footage, witness statements, and alibis—can help demonstrate that the allegations lack credibility. A skilled defense attorney investigates all angles to uncover motive and inconsistencies.
• Procedural and Constitutional Defenses – Defense teams also review whether law enforcement followed proper procedures during arrest, interrogation, and evidence collection. Violations of constitutional rights—such as failure to read Miranda warnings or illegal search and seizure—may lead to suppression of critical evidence, weakening the prosecution’s case.
• Accidental Injury or Lack of Harm – In some situations, injuries may have been accidental or less severe than claimed. Showing there was no intent to cause harm or that the injury was not caused by the defendant can reduce or dismiss charges.

No two cases are alike. An attorney will review every fact and piece of evidence, interview witnesses, and sometimes consult experts to craft a defense strategy suited to the client’s circumstances. Early and strategic action is critical—defense attorneys often emphasize preserving evidence, documenting everything from the incident, and avoiding damaging communications.

8. How Can an Experienced Ohio Criminal Defense Attorney Help with Felony Domestic Violence Cases?

Legal counsel is crucial. Experienced defense attorneys guide clients through Ohio’s complex criminal justice system, clarify legal rights, and aggressively defend against charges. They negotiate plea deals, advocate at trial, and help clients understand potential long-term effects on life and liberty.

How Patituce & Associates Can Help

Navigating felony domestic violence charges is daunting, but Patituce & Associates offers experienced, compassionate support every step of the way. Our team develops personalized defense strategies based on thorough investigation and deep knowledge of Ohio criminal law. Whether challenging weak evidence, negotiating reduced charges, or preparing for trial, our attorneys focus on protecting your future.

We also assist clients with post-conviction issues such as expungement and understanding the impact on child custody, employment, and housing. With hundreds of jury trials and decades of combined experience, Patituce & Associates stands ready to advocate for your rights while supporting you through difficult circumstances.