Domestic Violence Lawyer in Cincinnati, OH

Under Ohio Revised Code 2919.25, you can face a domestic violence charge for conduct involving a “family or household member.” The statute prohibits:

• Knowingly causing or attempting to cause “physical harm” to a family or household member;
• Recklessly causing “serious physical harm” to a family or household member; or
• Using a threat of force to knowingly cause a family or household member to believe you will cause imminent “physical harm.”

The first two offenses are generally first-degree misdemeanors for a first offense. Domestic violence based on a threat of force is generally a fourth-degree misdemeanor. Prior qualifying offenses can increase the degree of a later domestic violence charge.

Assault

Under Ohio Revised Code § 2903.13, assault can happen in any situation where another individual was hurt or threatened with harm. This would include domestic situations even if you did not intend for harm to occur.

Sexual Battery

Domestic violence situations can result in sexual battery charges under Ohio Revised Code § 2907.03 when someone has been accused of intentionally and knowingly coercing someone into sexual conduct or participating in sexual conduct with another person when they cannot give their consent.

Rape

Under Ohio Revised Code § 2907.02, a person can be charged with rape in a domestic violence situation if they forced someone to engage in sexual conduct or have sexual contact with someone who was significantly impaired.

Violating a Protection Order

Violating a protection order under Ohio Revised Code § 2919.27 is a separate criminal offense. A conviction can carry misdemeanor or felony penalties depending on the circumstances and your prior record.

Telephone Harassment

Telephone harassment can become a related charge when communications connected to a domestic dispute violate Ohio law. Our telephone harassment page explains the charge and potential penalties in more detail.

Menacing and Stalking

Under Ohio Revised Code § 2903.211, menacing or stalking occurs if you repeatedly behave in a way that has convinced another person that you are going to cause them mental or emotional distress or physical harm or urged someone else to engage in such behavior.

People often think of stalking as the following someone or sneaking around spying on them while intending to harm or put them in danger. While this can constitute stalking, stalking can also involve not being physically present or even having the intent to harm someone.

Child Abuse and Neglect

Domestic violence-related child abuse/neglect is charged under Ohio Revised Code § 2151.031. These allegations, and other crimes against children, often stem from complicated and emotionally difficult experiences, so it is important to consult with an experienced domestic violence attorney as soon as possible.

Child Endangerment

Child endangerment charges address conduct that allegedly endangered a child’s health or safety. Our child endangerment page explains when Ohio law applies and the penalties a conviction can carry.

The degree of a domestic violence charge under the statute depends in part on the conduct alleged and your record of qualifying prior offenses:

• First-degree misdemeanor: Knowingly causing or attempting to cause “physical harm,” or recklessly causing “serious physical harm,” is generally a first-degree misdemeanor for a first offense.
• Fourth-degree misdemeanor: Using a threat of force to knowingly cause a family or household member to believe you will cause imminent “physical harm” is generally a fourth-degree misdemeanor for a first offense.
• One qualifying prior offense: A later physical-harm offense generally becomes a fourth-degree felony, while a threat offense generally becomes a second-degree misdemeanor.
• Two or more qualifying prior offenses: A later physical-harm offense generally becomes a third-degree felony, while a threat offense generally becomes a first-degree misdemeanor.

The degree of the charge can also increase if you knew the alleged victim was pregnant. ORC 2919.25 also requires minimum jail or prison terms for certain domestic violence offenses involving a pregnant victim.

The fourth-degree misdemeanor classification also matters if you later seek to clear your record. Ohio law treats some lower-level domestic violence convictions differently for record sealing, but eligibility depends on the conviction. Our domestic violence expungement resource explains those rules in more detail.

A domestic violence case often begins with statements made during a tense encounter, but the accusation does not establish what the evidence will prove. We can investigate the circumstances surrounding the allegation and determine whether the available evidence supports the alleged conduct.

We can also examine whether the prosecution can prove the required mental state and level of harm. A physical-harm charge requires proof that you knowingly caused or attempted to cause physical harm, while serious physical harm can support a charge based on reckless conduct. If the evidence does not establish an element of the offense, we can use that problem when negotiating with the prosecutor or defending the charge in court.

The defense strategy should come from the evidence rather than the accusation alone. Our Cincinnati domestic violence lawyers can determine what the prosecution can prove and explain the defense we recommend based on the specific charge and evidence against you.

People in Hamilton County can find themselves charged with domestic violence in several ways. Regardless of how the police arrived, they will come to your door and try to determine what occurred.

Police can make an arrest based largely on statements and observations gathered at the scene before all available evidence has been reviewed. Officers may arrest the person they believe was the primary aggressor, even though the defense later identifies evidence that gives a different account of what occurred.

If you are arrested for domestic violence in Cincinnati, Ohio, you can expect to be:

• Taken into custody
• Fingerprinted
• Photographed
• Processed
• Booked into jail

Related Reading: What to Expect if You’re Being Arrested for the First Time.

Bail, Release & Protective Orders for Domestic Violence

Before being released, you may need to be arraigned by a judge to secure a bond. The court handling your criminal case may issue a temporary protection order that limits or prohibits contact with the alleged victim.

This protective order could even bar you from returning to your home. This can be difficult, but violating a protection order can mean additional charges and time in custody. Also, you might have to surrender firearms while your domestic violence charges are pending.

Contact a local domestic violence attorney immediately if you are accused of domestic violence or arrested and charged. Police may ask you to explain the allegation before you have had a chance to review the evidence, and your statements can later become evidence in the case.

Our domestic violence lawyers understand this can be difficult when you want to clear up a misunderstanding, but a domestic violence charge is too serious to take risks.

Luftman, Heck & Associates can review the accusation and the evidence police collected before deciding how to respond. We can also communicate with police and prosecutors for you so you do not make statements that the state later uses against you.

A false domestic violence allegation can lead to an arrest even when you know you did not threaten or harm anyone. We can investigate whether the accuser’s account is consistent with the other available evidence and identify contradictions that undermine the allegation. Those discrepancies can become important when we challenge the charge with the prosecutor or present your defense in court.

Someone may also accuse you of domestic violence in retaliation during a family or household dispute. Do not contact the accuser to argue about what happened or ask them to withdraw the accusation, especially if the court has ordered you to stay away. Give your Cincinnati domestic violence attorney the information that contradicts the allegation so we can use it in your defense.

The answers to these common questions can help you understand what can happen while a domestic violence charge is pending and after the case ends.

If you have been arrested for domestic violence or learned that someone made an accusation against you, contact Luftman, Heck & Associates before you discuss the allegation with police. Brad Groene and our criminal defense team can review the charge and begin representing you in the Cincinnati court handling your case.

Call (513) 338-1890 or contact us online for a free consultation with a Cincinnati domestic violence lawyer.

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