The state of Ohio takes domestic violence very seriously. Not only can individuals found guilty of the charge face steep penalties, but the victims of domestic violence are also granted extensive rights to protect themselves from the defendant.
This can lead to outcomes that involve many years of jail time for defendants, as well as protective orders that substantially alter their lives and the lives of their families.
Experienced defense attorneys, like those at Hiltner Trial Lawyers, can help reduce these penalties and protect their clients’ rights regardless of the circumstances. However, it’s important to be aware of the potential consequences of a domestic violence charge before your case even begins.
Read through this blog for a breakdown of the criminal penalties and civil protective orders that can result from a domestic violence charge in Ohio.
What Counts as a Domestic Violence Charge in Ohio?
According to Ohio law, “domestic violence” refers to any of the following acts committed against a family member (Ohio Rev. Code § 3113.31):
- Causing bodily injury
- Attempting to cause bodily harm
- 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 actions qualify as domestic violence if committed against any of the following individuals:
- 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
Criminal penalties for domestic violence in Ohio
Domestic violence might be considered a misdemeanor or a felony, depending on several factors, including whether the defendant has been convicted of domestic violence before and whether the victim was pregnant.
If the domestic violence results in physical harm or an attempt to physically harm the victim, the crime is considered a 1st-degree misdemeanor by default but may be classified as a felony if it’s a second or third offense or if the victim was pregnant.
If the alleged domestic violence solely involves a threat to cause harm, it’s considered a 4th-degree misdemeanor by default but may be classified higher if it’s a second or third offense or if the victim was pregnant.
Here’s what the penalties and jail time for domestic violence could look like depending on how the crime is classified:
- 3rd-degree misdemeanor: up to 60 days in jail or a fine of up to $500
- 2nd-degree misdemeanor: up to 90 days in jail or a fine of up to $750
- 1st-degree misdemeanor: up to 6 months in jail or a fine of up to $1000
- 5th-degree felony: 6 to 12 months in jail or a fine of up to $2500
- 4th-degree felony: 6 to 18 months in jail or a fine of up to $5000
- 3rd-degree felony: 9 months to 3 years in jail or a fine of up to $10,000
Protective orders for domestic violence in Ohio
In addition to the criminal penalties that defendants face when accused of domestic violence, judges may also grant “protective orders” when a family member claims they have been a victim of domestic violence.
- Nature of Protective Orders: A protective order is an official court document that grants legal protections to the person who requested it, known as the petitioner. These protections can function like a restraining order but may also include provisions related to child custody or exclusive use of the family’s residence.
- Civil Action: Protective orders are a civil action, meaning they do not carry any criminal penalties for the person accused of domestic violence. However, there are penalties for violating them.
Consequences of Violation:
- Violating a protective order is a 1st-degree misdemeanor, punishable by up to six months in jail or a $1,000 fine.
- If the defendant has previously been convicted of violating a protective order or has been convicted of domestic violence twice before, the crime escalates to a 5th-degree felony, punishable by 6 to 12 months in jail or a $2,500 fine.
Statute of Limitations on Domestic Violence in Ohio
In Ohio, the statute of limitations for crimes varies depending on the crime category. For domestic violence, the time limits for filing charges are generally aligned with those for felonies and misdemeanors, unless specific exceptions apply.
- Misdemeanors: Charges must be filed within two years.
- Felonies: Charges must be filed within six years.
The classification of a domestic violence incident as either a misdemeanor or a felony depends on the details of the case. Notably, there is no statute of limitations for murder in Ohio, allowing these cases to be filed at any time.
Reasons to Hire a Criminal Defense Attorney in Ohio
Domestic violence is a very serious charge that can have lasting consequences on the lives of everyone involved. In cases with high stakes like these, it’s important that the defendant’s rights are respected and that they receive the most vigorous representation possible.
Hiltner Trial Lawyers can offer that kind of vigorous representation. Contact us today to schedule a free consultation.
- Experience in Legal Defense: Criminal defense attorneys are skilled in navigating the complexities of the law and can provide a strong legal defense that non-specialists may not be able to offer.
- Protection of Rights: An attorney ensures that the defendant’s rights are protected throughout the legal process, helping to prevent any unlawful or unfair treatment.
- Negotiation Experience: Experienced lawyers often have significant negotiating skills that can be crucial in reaching favorable plea bargains or reducing potential penalties.
- Support and Guidance: Navigating the legal system can be overwhelming; a defense attorney offers not only legal representation but also emotional support and guidance.
- Strategic Planning: Attorneys can develop a strategic approach to the case based on their knowledge and experience, which can be vital in achieving a favorable outcome.
Our Hiltner Trial Lawyers can offer that kind of vigorous representation and will answer all your queries.
Reasons to Hire a Criminal Defense Attorney in Ohio
Don’t let the stress of a criminal charge overwhelm you. Get the representation you deserve by working with Hiltner Trial Lawyers, where protecting your rights is our top priority. Contact us today!
