April 10, 2016

Ohio Domestic Violence Charges

Written by Erb Legal LLC

Category: Criminal Defense

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(330) 446-3606

Aggressive defense against Ohio domestic violence charges

Because Ohio domestic violence charges involve people who are related, living together or in a relationship of some sort, they are usually emotionally charged and stressful situations. A minor disagreement over something insignificant can erupt into a shouting match that becomes even worse when the police are called. A call to the police in Medina, Brunswick, Wadsworth or any community in Ohio usually ends with one of the participants being placed under arrest.

Domestic violence laws can be complex in Ohio. If you have been charged with domestic violence, you need an attorney who has experience handling these types of charges and understands how to cut through the emotions surrounding the case. You need the attorneys at Erb Legal LLC who are ready to take on police and prosecutors in order to clear your name.

Domestic Violence Charges in Medina, Brunswick and Wadsworth

The law defines Ohio domestic violence as the use or threatened use of violence against a family member or a member of the household. Violence means the knowing or reckless infliction of harm upon a victim. Threatening to use force against a family member or against a member of the household is also an act of domestic violence if the victim is placed in fear of imminent physical harm.

Charges Not Limited to Just Spouses

Medina, Brunswick and Wadsworth police agencies are not limited to filing domestic violence charges against spouses. Victims of Ohio domestic violence may include all of the following:

  • A spouse, former spouse or romantic partner with whom the accused resided with the past five years
  • Parents or foster parents of the accused
  • Children of the accused
  • A parent, extended family member or child of the spouse, former spouse or domestic partner of the accused
  • Extended family members of the accused

The parent of a child of whom the accused is also a parent is included in the definition of family member for purposes of identifying potential victims under Ohio domestic violence laws.

Serious Charges and Harsh Punishment in Medina, Brunswick and Wadsworth

An accused without a prior record of domestic violence may be charged with a first degree misdemeanor based upon an allegation of physical violence or attempted physical violence against a victim. If convicted, a judge may sentence a person to six months in jail and a fine up to $1,000 or both. A second domestic violence conviction is a felony of the fifth degree punishable by up to 12 months in jail and a fine up to $2,500 or both.

The domestic violence charges and penalties for threatening to use physical force are also severe in Medina, Brunswick and Wadsworth. A first offense is a misdemeanor of the fourth degree punishable by up to 30 days in jail and a $250 fine or both. A second conviction is a misdemeanor of the second degree punishable by up to 60 days in jail and a $500 fine or both.

How a Medina Domestic Violence Attorney Might Help

Courts have options other than fines and imprisonment when sentencing a person accused of domestic violence in Medina, Brunswick and Wadsworth. A skilled and knowledgeable domestic violence defense attorney such as Thomas Erb Jr. may be able to challenge the prosecution evidence to obtain a dismissal or a reduced charge.

Judges have the option to impose deferred or suspended sentences and a period of probation supervision on an accused in place of incarceration. A person who satisfies conditions imposed by the court, such as community service, counseling or treatment, the case might be dismissed.

Contact a Medina, Brunswick and Wadsworth Domestic Violence Attorney

Ohio domestic violence laws protect victims. If you have been charged with domestic violence in Medina, Brunswick or Wadsworth, you need an aggressive, knowledgeable and compassionate attorney working on your behalf. If you have questions or concerns about Ohio domestic violence charges in Medina, Brunswick or Wadsworth, contact Erb Legal LLC at {P:P3:SUB:PHONE}.

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