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There are two different domestic violence sections in Ohio. One is the threat to cause physical harm, such as a dispute between a husband and wife where one states they are going to harm or kill the other. A threat to cause physical harm is qualified as a domestic violence charge and a misdemeanor of the fourth degree. A situation in which you actually cause harm or attempt to cause physical harm will be considered as a misdemeanor of the first degree and a violence charge that could become a felony, especially if you have a prior conviction.
No. In Ohio, the State will prosecute the offender, as seen in case captions such as State of Ohio v. John Doe, so the state is the one who proceeds with the charges. Depending on the county and court, prosecutors may take the victim’s opinion into consideration when deciding how to proceed, but it will not dictate what the prosecutor does.
In a domestic violence call, police are required to make an arrest and to keep that person in jail overnight. Police officers are generally the ones to determine who is the aggressor in a domestic violence case, and it is usually the male.
There is not an automatic protection order put into place but the Prosecutor will request a protection order for the alleged victim. If children are in the household when the alleged incident takes place, they are also on the protection order. If the prosecuting witness shows up at the arraignment and requests that no orders be put into place, they likely won’t be. Many times, the witness will not want to put a protection order in place, because it would keep the other parent away from their kids.
If the alleged victim is not present at the arraignment, there will likely be a protective order put in place, including the children.
When someone is convicted of a domestic violence charge in Ohio, which is a fourth degree misdemeanor, they may be given up to 30 days in jail and up to a $250 fine. Additionally, they may be placed under probation, and may be given other punishment. A domestic violence charge cannot be expunged from your record, and it could affect your ability to own a firearm in the future.
A first-degree misdemeanor may carry a penalty of up to 180 days in jail and up to a $1,000 fine, among other consequences.
For more information on Domestic Violence Related Charges In Ohio, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (513) 532-5555 today.