In Ohio, domestic violence charges are addressed under Ohio Revised Code Section 2919.25, which outlines the legal definition of the offense, the process for filing charges, and the steps involved in prosecution. This section of the law plays a central role in how cases are handled, and violations can lead to serious legal consequences for those accused.
Legal professionals can recognize how stressful and confusing it can be to face a charge under the domestic violence ORC, or to support a loved one who is. However, before you reach out to any of them, read this blog and learn how these cases are handled in Ohio and what steps are typically involved from arrest to resolution.
What Does the Ohio Revised Code Say About Domestic Violence?
Domestic violence is addressed in ORC Section 2919.25. It outlines the behaviors that qualify as domestic violence and the penalties associated with them. The law covers acts of physical harm, threats of harm, and certain forms of intimidation or coercion involving household or family members.
Under this section, a person can be charged with domestic violence for:
- Intentionally inflicting or trying to inflict physical injury on a household or family member.
- Causing significant physical injury through reckless behavior toward a family or household member.
- Threatening a family or household member with force, causing them to believe they are in imminent danger.
A “family or household member” includes not just spouses, but also former spouses, parents of a shared child, cohabitants, and certain other relatives living in the same home.
See also: What Happens After You’re Arrested in St. Louis?
Levels of Domestic Violence Charges Under the ORC
The level of a domestic violence charge in Ohio is influenced by multiple elements, such as the nature of the alleged actions and any prior offenses on the defendant’s record. Charges can range from misdemeanors to felonies.
Here’s how the ORC categorizes them:
1. First-Degree Misdemeanor:
This is a common charge for first-time offenders accused of threatening harm. It can carry up to 180 days in jail and fines of up to $1,000.
2. Fourth-Degree Misdemeanor:
Applies to situations involving threats without a prior domestic violence conviction.
3. Felony of the Fifth Degree:
This charge often applies when someone has prior domestic violence convictions or the alleged act caused serious harm.
4. Felony of the Third Degree:
In severe cases—especially when the accused has multiple prior convictions—the charge can escalate to a third-degree felony, with the potential for several years in prison.
How Are Domestic Violence Cases Prosecuted in Ohio?
Once a domestic violence accusation is reported, here’s what typically happens under Ohio law:
Initial Investigation and Arrest
Law enforcement will investigate the situation, which may include interviewing witnesses, documenting injuries, and collecting evidence. If they believe a domestic violence offense occurred, they can arrest the suspect without a warrant.
Filing of Charges
The prosecution will review the police report and determine what charges to file under the ORC. In many cases, the state moves forward even if the alleged victim no longer wishes to press charges.
Protection Orders
A temporary protection order (TPO) may be issued shortly after arrest. This restricts contact between the accused and the alleged victim and is often a condition of release.
Court Hearings and Trial
The case proceeds through arraignment, pretrial hearings, and potentially a trial. Suppose the case proceeds to trial without a plea agreement. In that case, the prosecutor is required to prove the allegations beyond a reasonable doubt, based on the definitions and standards outlined in the applicable domestic violence section of the ORC.
Can Domestic Violence Charges Be Dropped in Ohio?
Domestic violence allegations are often pursued by the state regardless of the victim’s wishes. The prosecution has the authority to continue the case if they believe there is sufficient evidence. However, the strength of the victim’s testimony—or their unwillingness to cooperate—can impact the outcome.
It’s also possible to negotiate reduced charges or alternative sentencing, especially for first-time offenders or in cases with limited evidence.
Possible Penalties if Convicted
Consequences resulting from a domestic violence conviction in Ohio may include:
- Jail or prison time
- Fines
- Probation
- Mandatory counseling or anger management classes
- Loss of firearm rights
- A permanent criminal record
In addition, a conviction can affect child custody, employment opportunities, housing, and immigration status.
Defenses Against Domestic Violence Charges
Each situation is different, and the appropriate legal defense will depend on the specific facts and context of the case. Some possible strategies include:
- Self-defense
- False accusation or mistaken identity
- Lack of evidence
- Accidental injury rather than intentional harm
The Importance of Legal Guidance
Domestic violence accusations can have lasting effects on your reputation, rights, and future. Because the Ohio Revised Code takes these offenses seriously, having dedicated legal counsel is crucial. An attorney can help you understand your options, navigate each stage of the legal process, and work toward the most favorable outcome.
Closing Thoughts
Facing charges under Ohio’s domestic violence statutes is undoubtedly challenging, but it doesn’t have to determine the course of your life. Whether you’re dealing with charges personally or supporting someone who is, knowing how the legal system operates is a critical first step in moving forward with confidence.
You need legal professionals like the Botnick Law Firm that stand by your side. If you’re involved in a domestic violence case, contact us to schedule a confidential consultation. We’ll help you navigate the legal system with clarity, compassion, and determination.
