Domestic violence charges are serious business in Ohio. Second or third offenses can result in sentences as high as 3 years in jail or a fine of up to $10,000. In Ohio, a domestic violence charge involves alleged physical harm, threats, or abuse between family or household members and can carry both criminal penalties and immediate court-ordered restrictions.
If you’re charged with domestic violence in Ohio, the first step you should take is to consult with a domestic violence defense attorney to discuss your case and plan your defense.
Whether the accusations are accurate or not, you are entitled to an experienced defense attorney committed to representing your interests and defending your rights as a defendant. So what are some of the ways that you can defend yourself against charges of domestic violence?
Read on for defense attorney Max Hiltner’s breakdown on how to defend yourself against domestic violence charges in Ohio.
What counts as domestic violence?
In Ohio, “domestic violence” is defined by the Ohio Revised Code Article 3113.31 and can include any of the following acts:
- Causing bodily injury
- Threatening someone with physical harm
- Any act that counts as “child abuse” under section 2151.031 of the Revised Code
- A sexually oriented offense
These acts are considered domestic violence if they are committed against a “family member,” which can mean any of the following people:
- Current or former spouses
- A partner the defendant has lived with in the last five years
- Parents or foster parents
- Children
- Extended family members
- A parent or child of the defendant’s spouse, former spouse, or romantic partner
- An extended family member of the defendant’s spouse, former spouse, or romantic partner
Common defenses against domestic violence
If you are charged with domestic violence, you may be wondering what you can do to protect yourself from getting serious jail time. The most important thing you can do is get in contact with a criminal defense attorney and discuss the details of your case.
Once you’ve hired a defense attorney, there are several common defenses that you and your attorney could pursue:
- Self-defense: Domestic violence situations are not always one-sided. If there is evidence you acted in self-defense, Ohio law requires the prosecution to prove beyond a reasonable doubt that you were not defending yourself.
- False allegations: In some cases, the events did not happen as alleged or did not happen at all. A defense may focus on inconsistencies in the accuser’s statements or evidence that contradicts their version of events.
- Insufficient evidence: The prosecution must prove the charge beyond a reasonable doubt. If the evidence is weak, inconsistent, or unsupported, the case may be dismissed or result in an acquittal.
- Accuser changes their position: While the state controls whether charges move forward, a lack of cooperation or a change in the accuser’s account can significantly affect how the case is prosecuted and resolved.
What do to if you’re charged with domestic violence in Ohio
All of these are valid options for defending yourself against domestic violence charges in Ohio. However, before you begin mounting your defense, you should reach out to an experienced criminal defense attorney to discuss your options.
At Hiltner Trial Lawyers, we have the experience and knowledge of the law necessary to defend our clients against any domestic violence charge. Whether you did commit an act of violence or not, we can represent your interests and make sure that the court comes to a conclusion that is best for everyone and respects your rights as a defendant. Contact us today to schedule a free consultation and discuss your case.
FAQ’s
What are the most common defenses to domestic violence charges in Ohio?
Common defenses include self-defense, lack of sufficient evidence, false or exaggerated allegations, and inconsistencies in the accuser’s statements. The right defense depends on the facts of the case.
Does Ohio place the burden of proof for self-defense on the prosecution?
Yes. If there is evidence supporting a claim of self-defense, Ohio law requires the prosecution to prove beyond a reasonable doubt that the defendant was not acting in self-defense.
What happens if the alleged victim changes their mind in a domestic violence case?
Once charges are filed, the state controls the case. However, if the accuser refuses to cooperate or changes their story, it can weaken the prosecution’s case and affect how the charges are handled.
Can domestic violence charges be dismissed in Ohio?
Yes. Charges may be dismissed if the prosecution lacks sufficient evidence, witnesses are unreliable, or constitutional or procedural issues arise during the investigation or arrest.
Do false accusations happen in domestic violence cases?
They can. In some cases, allegations stem from misunderstandings, emotional disputes, or custody and relationship conflicts. Defense attorneys often look for inconsistencies, timelines, and supporting evidence to evaluate credibility.
What evidence is used in Ohio domestic violence cases?
Evidence may include witness statements, police reports, medical records, photographs, recordings, text messages, and 911 calls. The prosecution must prove the allegations beyond a reasonable doubt.
Can a domestic violence charge affect protective orders or housing rights?
Yes. Even before a conviction, courts may issue temporary protective orders that limit contact, require someone to leave a shared home, or affect custody arrangements.
When should you contact a defense attorney after a domestic violence charge?
As early as possible. Early legal guidance can help preserve evidence, avoid damaging statements, and shape how the case proceeds from the beginning.
