Domestic violence cases are trying and emotional.
If you’ve been charged with or even accused of domestic violence, you have probably been ordered to stay away from your family and you could be facing jail time.
At Hiltner Trial Lawyers, our attorneys have successfully defended people charged with domestic violence all over the United States.
The term “domestic violence” refers to violent acts, threats, or stalking taking place between people who have a particular kind of relationship. Most frequently, the types of relationships where we see domestic violence charges include couples who are:
The phrase is also sometimes used to refer to abuse against children, as well.
If you’re accused of domestic violence, more often than not you’ll also be charged with another crime, such as assault or even rape. Due to your relationship with your alleged victim, the court may include special circumstances, including a restraining order or a mandatory jail sentence.
A young man was charged with domestic violence a misdemeanor of the 1st degree. After fully preparing for trial, Max Hiltner and his client showed up the morning of trial. Instead of proceeding to trial, the State dismissed the charges.
Max Hiltner was retained to represent a man who caught his fiancé in a compromising position in their home with another person, allegedly strangling his fiancé and assaulting her. Due to the seriousness of the allegations, he was charged with domestic violence. The case could have massive consequences for the man, as he was on felony probation. After revealing numerous weaknesses in the prosecutor’s case, they dismissed all charges against the man.
We were trusted with a domestic violence case between a mother and her mentally ill daughter. The daughter allegedly pulled a gun on her mother during a mental break from reality, and the police were called to control the daughter while she could be helped for her mental condition. Instead, the prosecutors and police decided to charge the daughter with domestic violence and take her to jail instead of the hospital. Max Hiltner spent months demanding that this was a case of a medical emergency, not a crime. Eventually, the prosecutors finally dismissed all charges against the daughter.
Hiltner Trial Lawyers was hired to represent a step-father accused of committing an act of domestic violence against his 10 year old son. The step-father had acted as the child’s father since birth, raising him and providing for him. The son referred to his step-father as “Dad.” However, the child’s biological father saw a bruise on the child’s eye during a scheduled visitation and filed for temporary custody, despite the fact that the boy, the mother, and the step-father all attested that the bruise was from the boy roughhousing with his brother. Through thorough preparation of the case, including witness statements, subpoenas, and expert opinions, we were able to convince the prosecution to dismiss all charges on the day of trial.
In Canton, Ohio, a hard-working young father was falsely accused by his ex-wife of assaulting her, and he was charged with domestic violence. If convicted, he stood to lose his job, custody over his son, and his reputation. At a jury trial, Max Hiltner cross-examined the supposedly neutral eyewitness to reveal that the defendant’s ex-wife had staged the whole incident and planted witnesses in an attempt to gain full custody of their child. After less than five minutes of deliberating, the jury found the client not guilty of all charges.
Under Ohio law, domestic violence generally means knowingly causing, attempting to cause, or threatening physical harm to a family or household member. This includes spouses, former spouses, dating partners, parents, children, and others living in the same household.
No. Domestic violence can be charged as a misdemeanor or a felony depending on prior convictions, the severity of the alleged conduct, and whether serious physical harm is involved. Repeat offenses are more likely to result in felony charges.
Penalties may include:
A conviction can also result in loss of firearm rights and lasting consequences for employment, housing, and family relationships.
A protection order can restrict contact with the alleged victim, require you to leave your home, and limit access to children or personal property. Violating a protection order is a separate criminal offense and can lead to additional charges.
Yes. Domestic violence charges may be reduced or dismissed if the evidence is weak, witness statements are inconsistent, or constitutional rights were violated. Even if the alleged victim does not wish to proceed, the state can continue prosecuting the case.
Yes. False or exaggerated accusations can occur during emotionally charged situations such as divorces, custody disputes, or heated arguments. A defense attorney carefully evaluates evidence, credibility, and potential motives behind the allegation.
No. You should not speak with law enforcement without an attorney present. Early statements can be misinterpreted or used against you, even if you believe you are explaining your side.
A defense attorney can challenge the prosecution’s evidence, represent you in protection order hearings, negotiate with prosecutors, and work to protect your freedom, your family relationships, and your future.
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