Domestic Violence

How serious is a conviction for domestic violence in Ohio?

Domestic violence (“DV”) is an age-old, persistent problem in our world. According to the National Insitutes of Health, 33% of adult women and 10% of adult men have experienced some form of domestic violence. Moreover, various sources report that DV-related fatalities have spiked in recent years.

These statistics may not be surprising, considering that the definition of DV encompasses a broad swath of scenarios. DV includes, for example, such incidents as assault, sexualized violence,and intimidation/threats, any of which may cause physical, emotional, and/or psychological harm. Furthermore, Ohio law defines DV as something more than what has become known as “intimate partner violence” (IPV). Indeed, Ohio DV law applies to the broader family (e.g., children, parents, grandparents, siblings) and even household members who aren’t otherwise related to the accused.

In short, DV charges are taken VERY seriously in Ohio–as they should be. However, it is also true that false accusations of DV do occur. Once made, they may be difficult to retract. In fact, once police are called to the scene of an alleged DV incident, it is very likely that the accused will be arrested. Once that happens, the State can move forward with charges, even if the alleged victim wishes otherwise.

Whether or not there is a basis for a DV accusation, such charges should be taken very seriously by all involved–especially the accused–as charges can range from 4th degree misdemeanor to a 3rd degree felony. Moreover, such charges can have painful consequences for family, friends, and loved ones. For the accused, a conviction can also affect, for example, such matters as employment, child custody/visitation, and the right to contact the alleged victim as the case moves forward.

How could I be charged with DV in Ohio?

You can be charged with DV if you cause:

• Or attempt to cause, physical harm to a family or household member, or
• Serious physical harm to a family or household member by some reckless act, or
• By threat of force, a family or household member to believe you will cause that person imminent physical harm

Because there are many scenarios in Ohio’s DV law, the charges and penalties can be confusing. As always, the charges and penalties listed are for informational purposes only.

What are the possible charges for a DV in Ohio?

Charges and penalties for DV can range from 4th degree misdemeanors to 3rd degree felonies.

Misdemeanors

• 4th degree misdemeanor
  • Causing a family or household member, by threat of force, to believe you will cause that person imminent physical harm
  • Note:
    • This can be a 3rd degree misdemeanor, if you knew the victim was pregnant at the time
    • This can be a 2nd degree misdemeanor, if you have one prior DV conviction at the time
    • This can be a 1st degree misdemeanor, if you had two or more prior DV convictions at the time

• 1st degree misdemeanor (besides the one just above)
  • No prior DVs
    • Knowingly causing or attempting to cause, physical harm to a family or household member, OR
    • Recklessly causing serious physical harm to a family or household member

Felonies

• 5th degree felony
  • If you know the alleged victim is pregnant at the time, and you:
    • Knowingly cause or attempt to cause, physical harm to a family or household member, OR
    • Recklessly cause serious physical harm to a family or household member
  • Note: This charge comes with a mandatory prison term, which is longer if you caused serious physical harm to (or loss of) the unborn.

• 4th degree felony
  • If you had a prior DV conviction at the time and you:
    • Knowingly cause or attempt to cause, physical harm to a family or household member, OR
    • Recklessly cause serious physical harm to a family or household member
  • Note: This charge comes with a mandatory prison term, which is longer if you knew the victim was pregnant at the time and/or you caused serious physical harm to (or loss of) the unborn.
• 3rd degree felony
  • If you
    • Had two or more prior DV convictions at the time, and
    • You knew the victim was pregnant at the time, and
  • You either:
    • Knowingly caused or attempted to cause, physical harm to a family or household member, OR
    • Recklessly caused serious physical harm to a family or household member
  • Note: This charge comes with a mandatory prison term, which is longer if you knew the victim was pregnant at the time and/or you caused serious physical harm to (or loss of) the unborn.

How can Attorney Tovanche help me?

Avoiding a conviction of any sort would be the over-arching approach. There are any number of ways to look at the large variety of charges listed above. Because the law requires the State to prove exactly what the statute prohibits, there are many ways to undermine the State’s case. For example:

• Did you act in self-defense or defense of another? In Ohio, you do have the right to such defensive action–within limits.
  • In 2019, Ohio shifted the burden of proof in favor of defendants. Although it is still up to the defense to raise the issue, once that is done, the burden shifts to the State to prove that you did not act lawfully in defending yourself.
  • “Defense of others” can also excuse your actions.
• Did you not know or have reason to believe your actions would cause physical harm?
• Is any witness’s testimony based on bias, mistake, or animosity?
• Has the alleged victim ever made any false reports to police?
• Did officers jump to conclusions when investigating the scene?
  • Did they not investigate thoroughly?
  • Did they interview everyone at the scene? Did they hear and look into more than one side of a story?
• Are there photos, videos, or medical reports that actually corroborate any claims of physical injury?
• Is there police bodycam of the scene?
  • Are any statements recorded?
  • How is the alleged victim behaving in the video?
• Did police violate your rights when they collected evidence?

What if a conviction seems likely?

Remember that a case that seems like a “slam dunk” for the prosecution may not actually go very far. We’ll look at the whole picture to see whether dismissal is possible, from the very beginning. If not, and a conviction seems likely, I will tell you so. In that case, I would work with you to lessen the impact on your life by negotiating a plea deal and arguing for the best sentence under the circumstances.

Factors that the State may consider in offering a plea deal and a favorable sentencing recommendation:

• There is evidence of self-defense or some other justification defense.
• The alleged victim gives more than one account of the incident.
• The alleged victim wishes to not testify and/or wishes to retract the complaint.
  • Note: A court will very likely order you to have no contact with the alleged victim–directly or indirectly. It is important to adhere closely to a judge’s order.
• There is evidence of “mutual combat.”
• There is evidence that any claimed injury was actually caused by someone or something else.

Will I have to go to trial? (click here)