What Constitutes Domestic Violence in Ohio?

What Constitutes Domestic Violence in Ohio?

October 9, 2019

We hear a lot about domestic violence in America today—it is a serious problem. Unfortunately, the legal system isn’t perfect, and you may find yourself facing what you believe is an unjust charge. Whether you were falsely accused or you need help explaining mitigating factors, hiring a skilled domestic violence attorney in Cincinnati, OH can be a boon to your case.

Relevant Ohio domestic violence laws

In Ohio, domestic violence is defined by Section 2919.25 of the Ohio Revised Code. Legally, domestic violence occurs when a person knowingly or recklessly causes physical harm to the victim, or threatens a family or household member to the extent the victim fears a physical attack.

To do something “knowingly,” for the purposes of the law, you must have done it intentionally. To do something recklessly is to act with disregard for the outcome. Even if you meant nothing by it, even slamming a door in someone’s face could be considered domestic violence if it causes injury.

Under the law, a “family or household member” could be any of the following persons who reside or have resided with the offender: spouse, former spouse or a romantic partner with whom the offender has resided in the last five years, the offender’s parent or foster parent, the offender’s child, an extended family member of the offender, a parent or child of the offender’s spouse, former spouse or romantic partner or an extended family member/former romantic partner of the offender’s spouse.

Penalties and sentencing for Ohio domestic violence convictions

Depending on a number of factors, a domestic violence charge can be either a felony or misdemeanor, and the severity of the penalties depends on the charges. Prior domestic violence convictions as well as the injuries caused will also have an impact on the punishment.

Penalties vary for first-, second- and third-degree misdemeanors and felonies. Punishments start at up to 60 days in jail and/or up to $500 in fines for a third-degree misdemeanor, and increase to nine months to three years in prison, and/or $10,000 in fines. Offenders may also be required to pay their victims restitution to cover any expenses resulting from the crime. This can include medical bills or property damage.

Some judges will impose a deferred or suspended sentence. These options reduce or eliminate incarceration time so long as the accused conforms with all post-sentencing requirements, such as counseling and probation.

Let us defend you against domestic violence charges in Cincinnati, OH

If you’re in the Cincinnati, OH area and have been charged with accusations of domestic violence in Ohio, you should hire an experienced attorney at once. Herzner Law, LLC is a trusted defense firm in Cincinnati that can help you no matter how complex your case may be. With years of experience in both prosecution and defense, and our desire to see justice served, we can help you handle simple charges as well as more complex cases. Contact us to discuss your case and learn more about how we can help.

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