Understanding Domestic Violence Laws in Ohio

The Ohio criminal justice system is notoriously tough on defendants charged with domestic violence crimes.

2011-09-16

September 16, 2011 (Press-News.org) The Ohio criminal justice system is notoriously tough on defendants charged with domestic violence crimes. The following provides an explanation of some of the basic issues you may encounter if you have been charged with domestic violence in Ohio.

Sentence Enhancements for Domestic Violence Convictions

The Ohio criminal code includes several provisions that can increase the penalty for a conviction of domestic violence when certain conditions are met. These are known as sentence enhancements. Sentence enhancements may be triggered by the circumstance of the offense itself or by the past behavior of the person charged with domestic violence.

When the offender has been convicted previously for domestic violence or certain other lesser offenses arising out of a domestic violence charge, in Ohio or any other state, all subsequent convictions for acts or attempted acts of physical domestic violence are treated as felonies rather than misdemeanors. This results in potential prison terms and much more severe community control sanctions.

Orders for Protection

Domestic violence charges are often accompanied by a Temporary Protection Order (TPO), more commonly known as a restraining order. Many of the same defenses that apply to domestic violence charges can also help defend against the issuance of an order for protection.

As with domestic violence crimes themselves, the penalties for violating a protection order become more severe with repeated offenses. The first violation of an order for protection is a first-degree misdemeanor punishable by up to six months in jail and/or a $1,000 fine. Any additional violation is a fifth degree felony, and may be punished by up to one year in jail and/or a $2,500 fine.

Defending Against Charges of Domestic Violence

If you have been charged with domestic violence, contact an experienced Ohio criminal defense attorney as soon as possible. An attorney can talk to you about your situation and can help stand up for your rights in court. There are a number of possible defenses to a charge of domestic violence, including but not limited to:
- Demonstrating that the charges against you are not supported by sufficient evidence to satisfy the legal burden of proof
- Exposing inconsistencies in the allegations made against you
- Proving that the person filing the charges against you had a motive to fabricate the charges, or that he or she threatened to do so
- Showing that the allegations against you are unacceptably vague and generalized
- Demonstrating that the alleged crime was a necessary and reasonable act of self defense

Article provided by Scott & Nemann Co., LPA
Visit us at www.ohiocrimelaw.com

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Understanding Domestic Violence Laws in Ohio

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