Domestic Violence

Domestic Violence Attorney in Ohio

When a spouse or loved one presses charges against you, you could experience the ultimate feeling of betrayal. Whether you are innocent of the crime, didn’t know your actions were illegal, or had a lapse in judgment, police officers will tend to make an arrest without first properly investigating all claims in a domestic violence allegation.

Unfortunately, countless innocent individuals are wrongfully accused and prosecuted for domestic violence crimes that they didn’t commit. We have made it our mission to make certain that our clients do not suffer the repercussions of a wrongful arrest or falsified allegations. When you cannot afford to lose a case, you can depend on a criminal law attorney who has decades of experience defending people in Columbus, Delaware, Mt. Gilead and throughout Ohio.

If law enforcement has arrested you for domestic violence, contact our Ohio office for help. We offer a free, confidential legal consultation to help you understand your legal rights and what comes next.

What Is Domestic Violence?

Domestic violence is a broad term that can mean different things to different people. In some states, domestic violence is not a specific crime but an umbrella term that encompasses several types of crimes. Ohio law defines domestic violence as the act of knowingly injuring or threatening a family or household member. Domestic violence charges do not arise from accidents. Domestic violence is an intentional or reckless act that causes harm or bodily injury to a family member or loved one. Individuals that count as family or household members according to Ohio law include:

Current or former spouse
Cohabiting partner
Common-law partners
A parent or foster parent
Children
You or a spouse’s family members by blood or marriage
The natural parent of your child

Except in the case of co-parenting situations, to face domestic violence charges, you must knowingly inflict harm on a household member you currently or formerly cohabit with.

Even in Ohio, the phrase “domestic violence” paints these criminal offenses with a broad brush. Domestic violence does not always come down to physical harm or violence inflicted on another household member. Domestic violence can include physical abuse, sexual abuse, emotional abuse, and even financial abuse and manipulation. Bruises and broken bones may point to physical domestic abuse, but emotional or psychological abuse and economic abuse leave more subtle traces.

The broad definition of domestic abuse can make understanding family violence charges more challenging. Spousal abuse, assault and battery charges, and other criminal violations can potentially be classified as domestic violence.

If you are facing domestic violence charges in Ohio, you need a skilled domestic violence attorney to help you navigate the situation and build a compelling criminal defense strategy.

Domestic Violence Penalties In Ohio

If you have been accused of a domestic violence offense, you could be facing serious penalties. The prosecution and police will not take domestic violence allegations lightly. They may try to make you out as a ruthless criminal and will do everything in their power to obtain any evidence against you. Potential penalties for a domestic violence conviction can include:

Excessive fines
Lengthy jail or prison sentence
Payment of restitution
Probation service
Required attendance in treatment programs
Permanent criminal record

Domestic violence offenses can be charged as misdemeanors or felonies. Some penalties may increase or decrease depending on prior criminal convictions or the severity of the alleged crime. Like many other violent crimes, a domestic violence charge could be life changing and could have a direct impact on your plans for the future.

Most domestic violence charges range from fourth-degree misdemeanor to fourth-degree felony offenses. The penalties for a domestic violence conviction involving menacing, aggravated menacing, aggravated assault, and certain repeat domestic violence offenses can include:

Misdemeanor fourth degree

Fines up to $250
Jail time up to 30 days

Misdemeanor third degree

Fines up to $500
Jail time up to 60 days

Misdemeanor second degree

Fines up to $750
Jail time up to 90 days

Misdemeanor first degree

Fines up to $1,000
Jail time up to 180 days

Fifth-degree felony

Fines up to $2,500
Prison time between 6 and 12 months

Fourth-degree felony

Fines up to $5,000
Prison time between 6 and 18 months

There are violent domestic encounters that can rise to the level of second and first-degree felony offenses such as rape, felonious assault, and child abuse resulting in serious physical harm. A conviction for these offenses can carry significant fines and long-term prison sentences. In Ohio, convictions for assault on a pregnant woman and convictions for certain repeat violent offenders can result in mandatory prison terms, overriding standard penalties and sentences.

In addition to significant legal consequences, a domestic violence offense can also limit your job and housing opportunities upon your release from jail or prison. You can also face financial hardships as you attempt to combat the damage done to your personal and professional relationships. Other collateral consequences of a domestic violence conviction can include the loss of professional licenses, restrictions on some licenses, and the potential loss of child custody or visitation privileges.

Don’t jeopardize your future by trying to take on the justice system on your own. Contacting a seasoned domestic violence lawyer is the best way to protect your rights and increase your chances of obtaining the most favorable outcome possible.

Potential Defenses to Ohio Domestic Violence Charges

At the Law Offices of Saia, Marrocco & Jensen, Inc., we recognize the value of personalized legal services. Domestic violence cases are unique and fact specific. Only by closely examining the facts of the case can your lawyer devise a robust strategic defense aimed at getting your charges reduced or dropped. Our domestic violence defense team never takes a one-size-fits-all approach to building your case. We get to know you and the details of your case before drafting a tactical defense plan.

While all domestic violence cases are unique, a few common defense strategies may apply to your situation. Potential defenses to Ohio domestic violence charges can involve:

False Accusations – Not all charges are based on facts. False accusations levied by a family member can change your life. However, a skilled defense attorney can expose false accusations and establish that you are the target of a potential smear campaign designed to hurt your reputation and get you in legal hot water.

Self-Defense – When law enforcement happens upon a domestic violence scene, and both parties appear injured, it can be hard to separate fact from fiction in the commotion. Self-defense is another possible defense strategy an attorney may use to show that you were only defending yourself against intentional harm inflicted upon you by another household member and you were not the aggressor.

Rights Violations — You have legal rights following an arrest. When law enforcement violates your rights or performs unlawful searches and seizures to secure evidence against you, an effective defense attorney can argue against the admission of that evidence or push for a reduction or dismissal of the charges.

Other defense tactics that may be effective in domestic violence situations can include:

Consensual activity
Lack of evidence
The prosecution failed to meet their burden of proof
Contamination or mishandling of the evidence

At the Law Offices of Saia, Marrocco & Jensen, Inc., we examine a case from all angles before determining which approach is most likely to produce a favorable result.

Do You Need an Ohio Domestic Violence Attorney?

In a word, yes. You must secure aggressive legal representation the moment you are charged with any Ohio domestic violence offense. Most people make the mistake of thinking that hiring a domestic violence attorney automatically makes them appear guilty in the eyes of law enforcement and the public. Appearances don’t matter when your freedom is at stake. You need immediate legal representation to protect your legal rights and help you navigate the confusing labyrinth of Ohio domestic violence violations.

If you attempt to represent yourself, you may miss a variety of legal deadlines. You could fail to observe correct court procedures, which could result in additional penalties. If you represent yourself, you have only your own knowledge of the legal system to rely on. You’ll miss out on having someone with more experience in the criminal law arena apply their experience and wisdom to the circumstances of your case to work out the best way forward.

We take family law and family violence cases seriously at the Law Offices of Saia, Marrocco & Jensen, Inc. We understand the stress and anxiety that can accompany a domestic violence charge. Our criminal defense attorneys treat you with compassion and understanding and work to support you during this challenging time, in addition to building a compelling defense strategy on your behalf. We can help you by:

Protecting your legal rights
Assessing your case
Developing appropriate defense strategies
Investigating the evidence and circumstances of your arrest
Negotiating a plea deal if possible
Representing you in court
Mitigating your sentence
Filing petitions for appeals and post-conviction relief

Now is not the time to attempt to talk your way out of the situation. Working with a knowledgeable Ohio criminal defense lawyer is the best way to protect yourself. Before you speak with family, friends, or law enforcement, you must speak with a skilled and resourceful criminal defense attorney.

We Can Defend You After A Domestic Abuse Arrest

At The Law Offices of Saia, Marrocco & Jensen Inc., we spend our days in court. We can carefully review the facts of your case, and we can do whatever is necessary within the boundaries of Ohio law to challenge the validity of any claims against you. We know how crucial a solid defense strategy is in a domestic violence case. We strive to provide strong, effective representation that can help protect your rights, your children, your reputation, and ultimately, your freedom.

When you are ready to discuss your domestic violence allegations, contact The Law Offices of Saia, Marrocco & Jensen Inc. to schedule a case evaluation. By preparing your case for trial and by researching all the possibilities in your case, a domestic violence lawyer from our firm can represent you in a way that can help maximize your opportunities for a positive outcome. Our phone lines are open 24 hours a day, 7 days a week, so call us now.