Cleveland Domestic Violence Lawyer
Talk to a Proven Defense Lawyer in Northeast Ohio
Domestic violence is often a heated, ugly, unplanned situation that simply went out of control. Often, the accusations are completely false, baseless, and are one party attempting to gain advantage over the other part. In fact, many times, one person is trying to get revenge upon another for completely petty reasons.
At Patituce & Associates, our Cleveland domestic violence lawyers are prepared to defend you from the accusations, or an arrest, for domestic violence (ORC 2919.25). We protect clients from these charges by always preparing our cases-from the start-as if we are going to go to trial. We understand the consequences associated with these allegations; however, many defense lawyers do not.
Contact us for a free consultationwith our Cleveland domestic violence attorneys today!
“Joe Patituce and his team worked tirelessly in my defense. Joe answered all of my questions – and there were many – in a timely manner, many within minutes. Joe was able to find errors in the prosecution’s evidence and get my case plead down significantly. If you need a strong defense, hire Joe Patituce.” - Dan
What Is Domestic Violence in the Ohio Revised Code?
Three different types of conduct committed against a family or household member constitute domestic violence under Ohio Revised Code § 2919.25.
Domestic violence offenses under this statute include:
- Knowingly causing or attempting to cause physical harm;
- Recklessly causing or attempting to cause physical harm; or
- Using threats to make a family or household member believe that they are in danger of imminent physical harm
At Patituce & Associates, we know there are two sides to every story. Our Cleveland domestic violence attorneys are ready to listen to yours. After we have an account of the incident from your perspective, we will begin building an aggressive defense to fight your charge.
Who Are Family and Household Members in an Ohio Domestic Violence Offense?
Under Ohio law, a person may be accused of domestic violence if they allegedly caused or attempted to cause harm to a family or household member.
The domestic violence statute of the Ohio Revised Code defines family and household members as the following individuals who live or lived with the alleged offender:
- Spouse, person living as a spouse, former spouse;
- Parent, foster parent, or child of the alleged offender;
- Any person related by blood or marriage to the alleged offender;
- Parent or child of the alleged offender’s spouse, a person living with them as a spouse, or former spouse
- Any person related by blood or marriage to the alleged offender’s spouse, a person living with them as a spouse, or former spouse
- Other natural parent of the alleged offender’s biological child
Ohio Domestic Violence Penalties
For most cases, domestic violence charges starts off as a misdemeanor; however, depending on your prior history with the law, they may become a felony.
First Offense Domestic Violence Charges
In Ohio, if a first-offense includes threat to use physical force, the domestic violence is charged as a second-degree misdemeanor incurring the following penalties:
- 30 days in jail
- A $250 fine
First-offense domestic violence charges where physical harm or the attempt of physical harm is the basis for the charge is considered a first-degree misdemeanor and may incur the following penalties:
- Up to 6 months in jail
- A fine up to $1,000
- Court costs
- Up to 5 years of probation on top of the jail time
On top of the criminal penalties that are imposed, the convicted will have several civil type of penalties. For example, they can never have possession of a firearm, cannot expunge the charge, and may be subject to a civil protection order.
Finally, domestic violence charges escalate depending on the number of priors that the defendant has. A second, third, or forth domestic violence can be a felony resulting up to 8 years in prison. And if you are in the military, or are a police officer, a conviction will end your career.
Restraining Orders and Domestic Violence in Ohio
One of the unique things about a domestic violence matter is that the alleged offender can suffer sanctions before the criminal case has concluded. That is because the alleged victim – or a person working on their behalf – can seek a protection order.
The individual seeking the order must file a petition with the court having jurisdiction over the case. Within 24 hours after receiving the request, the court will hold a hearing to determine whether to grant the order. The motion may be approved if the court feels that the alleged offender poses a risk to the alleged victim.
The protection order will contain conditions, including:
- Prohibiting the alleged offender from going to the alleged victim’s home, school, or place of employment
- Ordering the alleged offender to refrain from abusing or committing any sexually oriented offenses against the alleged victim
- Forbidding the alleged offender from taking or hiding the alleged victim’s companion animal
- Granting possession of a shared home to the alleged victim
- Temporarily restricting the alleged offender’s parental rights and responsibilities and allocating parenting time
- Prohibiting the alleged offender from possessing firearms or ammunition
The court can also issue an ex parte order of protection. This means that the alleged victim’s request may be granted without the alleged offender being in court to present their side of the story. If an ex parte order is issued, the court must hold a hearing the next day with the alleged offender present.
A temporary domestic violence restraining order is valid until either:
- The criminal case is complete, or
- A permanent protection order is granted
When a domestic violence protection order is in place, the alleged offender must be mindful of who they communicate with, where they go, and what they do. A violation of any of the conditions is a crime.
A first offense is a first-degree misdemeanor, punishable by:
- Up to 180 days of incarceration and/or
- Up to $1,000 in fines
A second or subsequent offense is a fifth-degree felony, punishable by:
- Up to 12 months of imprisonment and/or
- Up to $2,500 in fines
Can Domestic Violence Charges be Dropped in Ohio?
No. Since domestic violence is a crime, the victim is not the one who issued the charge and therefore doesn't have the authority to drop the charge. Once you have been charged, the case has been taken over by the prosecutor's office. They take all domestic violence charges seriously and ensure that the victim and the victim's rights are protected. It is ultimately up to the prosecuting attorney assigned to your case to determine if they will proceed with the charges against you.
Defense For Your Domestic Violence Case
Most people, even some defense attorneys, fail to recognize that when you are accused of committing this crime, it has to be handled appropriately. Only with the experience, do attorneys discover that these cases are all too often the result of raw nerves, tough situations, or events outside the control of the client. That is why some attorneys will try to force the alleged victim into recanting his, or her, story about what really happened. Our Cleveland domestic violence lawyers know that there is no point in trying to get a witness to change their story. Rather, our job is to defend our client and prepare the family for reconciliation after the case is over.
Call us today at (440) 709-8088 to setup a free consultation concerning your case. We are flexible regarding payment and accept cash, check, money orders, and all major credit cards.
We Offer No-Cost, Confidential Phone Consultations.
Our Team Has Over 70 Years of Combined Experience.
Our Lead Attorney Is A Board Certified Criminal Trial Attorney.
Our Attorneys Have Taken Cases to Jury Trials Over 200 Times.
We Are the Firm Other Attorneys, Police & Prosecutors Turn To.
We Are Available 24/7.