Ohio offers victims of sexually oriented offenses or stalking the ability to obtain a protection order that prevents the alleged offender from taking specific actions, such as: Contacting the alleged victim, Threatening the alleged victim, Going to the alleged victim’s home or workplace, or Physically assaulting the alleged victim. If you are facing a protection order in Dayton, Ohio, reach out to Gounaris Abboud, LPA as soon as possible. Different Types of Protection Order in Dayton, Ohio A judge can grant a temporary protection order (TPO), which lasts for only a short period until the court can hold a hearing on a full order. The judge can grant a TPO following allegations: Domestic violence, Aggravated assault, Felonious assault, Menacing by stalking, or Aggravated trespass. Violation of a TPO is a criminal offense. A civil protection order issued under Ohio Revised Code Section 3113.31 applies only to domestic violence situations. That means the alleged act of violence must have occurred toward the accused’s household or family member. A civil protection order can remain in effect from six months to five years. If the alleged victim is not a family or household member, the victim can request a criminal protection order if the accused faces charges for any of the following criminal offenses: Felonious assault, Aggravated assault, Assault, Aggravated menacing, Menacing by stalking, Menacing, or Aggravated trespass. The criminal protection order can apply to the alleged victim, as well as their family members, if they are in danger. Stalking or Sexually Oriented Offense Protection Orders in Ohio Stalking or sexually oriented offense protection orders (SSOOPO) are different from customary protection orders in Ohio. To file for an SSOOPO against someone 18 or older, the alleged victim has to file their petition in the court of common pleas in the county they live in. There is no cost to file the petition for an SSOOPO, get the order issued, or enforce the order. Additionally, law enforcement will serve the order free of charge. If the petitioner can show that the suspect engaged in conduct that would cause a reasonable person to believe that their health, welfare, or safety were at risk and that the suspect presents a continuing danger to them, the judge can order electronic monitoring. When someone files for an SSOOPO, the court will hold an ex parte hearing with the accuser and collect information about the circumstances. The judge will then decide whether to issue a temporary protection order until the full hearing occurs. The judge will schedule the full hearing within seven to ten days after the petition is filed. At the full hearing, both parties will have an opportunity to present their side of the case. After the hearing, the judge will decide whether to grant a final protection order, which can last up to five years. Civil Stalking Protection Order in Ohio A victim can apply for a civil stalking protection order in Ohio against anyone who has committed the crime of stalking or menacing by stalking. Menacing by stalking occurs when a person knowingly engages in a “pattern of conduct” that makes the victim believe the stalker will hurt them physically or causes them mental distress. Mental distress typically means any condition that would require counseling or therapy. Examples of stalking behavior include things like: Tracking the victim’s location with GPS or cell phone applications, Trespassing in the victim’s home or workplace, Threatening the victim or their family, Scrupulously monitoring the victim’s social media, and Following the victim home repeatedly. To constitute a “pattern of conduct,” the alleged victim needs to demonstrate at least two actions or incidents of concern by the suspect. Ohio Sexually Oriented Protection Order . A sexually oriented offense occurs when someone commits or attempts to commit: Rape, Sexual battery, Unlawful sexual contact with a minor, Gross sexual imposition, Importuning, Voyeurism, Prostitution, Pandering obscenity, or Menacing by stalking with sexual motivation. An arrest is not required for a sexually oriented offense protection order. Instead, the petitioner must show that the suspect committed one of the sexually oriented offenses listed above. Violating a Protection Order Violating a protection order is considered a misdemeanor of the first degree in Ohio. A first-degree misdemeanor in Ohio carries a maximum penalty of up to six months in jail and a fine of up to $1,000. If the named party violates a protection order while committing a felony, the violation is a felony in the third degree. A third-degree felony in Ohio carries a maximum penalty of sixty months in prison and a fine of up to $10,000. Should I Hire an Attorney for a Protection Order in Ohio? When the court grants a protection order, they will do so after hearing evidence from both parties to the order. During the hearing, you can dispute the petitioner’s allegations against you and offer your own statement. Having an attorney to represent you during the hearing can prove a valuable benefit to your case. Protection orders often arise in high-stress, complicated situations and can impact your life in many negative ways. Gounaris Abboud, LPA, can provide the information you need to navigate this process and fight a protection order in Ohio. Contact our office today to discuss your case.Read More
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I found Gounaris and Abboud through good online reviews. Mr. Abboud handled my cases very professionally for two years. He truly takes his cases to heart and cares about his clients. He keeps you informed and has all the answers to all your questions. You really feel safe with Mr. Abboud as your lawyer. I would highly recommend him to anyone needing professional family law representation.Patty M.
Attorney Nick Gounaris handled my case and he did a wonderful job. I am very pleased with this law firm. I have never been in the situation I found myself in ever before and it was scary and confusing, but Nick and his staff were wonderful with answering my many questions and they were very sympathetic and understanding, always quick to respond when I would call. I am happy with the outcome of my case. If you find yourself in a situation that needs legal help, these are the guys to call!Melinda Q.
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According to the National Highway Traffic Safety Administration (NHTSA), the United States saw 11,654 fatalities in alcohol-involved car accidents in 2020. In fact, the number of fatalities in alcohol-involved crashes increased by 14.3% from 2019 to 2020. In Ohio, approximately 36% of all traffic fatalities occurred in alcohol-involved accidents. If you are facing charges for operating a vehicle impaired (OVI) in Dayton, contact an OVI attorney at Gounaris Abboud, LPA today. We offer all of our clients the one-on-one attention they deserve. Our attorneys take the time to listen to your needs and address all your concerns about your case. A Dayton OVI lawyer can help you navigate your criminal proceedings and advocate on your behalf. Contact the team at Gounaris Abboud to start your free initial consultation. What Is OVI in Dayton? Ohio law prohibits motorists from operating a vehicle while under the influence of alcohol, drugs, or any combination of the two. Ohio refers to this violation as OVI or DUI. For drivers age 21 or older, the legal limit for your blood alcohol concentration (BAC) is .08%. If you are under 21, the legal limit is .02%. Ohio considers a first-time OVI conviction a first-degree misdemeanor. A first-degree misdemeanor carries a minimum 3-day jail sentence, a maximum sentence of 6 months in jail, a fine of up to $1,075, and mandatory attendance of a driver’s intervention program for three days. A second OVI conviction within ten years is still considered a first-degree misdemeanor. However, the mandatory jail time increases to ten days, and the maximum possible fine increases to $1,625. The third OVI conviction carries the following potential penalties: Between 30 days and one year in jail, A fine of up to $2,750, Vehicle forfeiture, and Mandatory participation in a community addiction program. Only OVI convictions received within the past ten years count to enhance your penalty. OVI Resources: Ohio Driver Intervention Program The Ohio Driver Intervention Program (DIP) offers individuals arrested for OVI an alternative to the mandatory three-day jail sentence, at the court’s discretion. The DIP includes small group discussions and traffic safety education on alcohol, drug abuse, and addiction. The educational curriculum offered by the DIP includes the following information: Physical, psychological, and social consequences of alcohol and other drug use; Physiological and psychological effects of alcohol and other drugs on driving performance; BAC, drugs, and the definition of legal impairment; Symptoms of alcohol and other drug abuse; Progressive nature of alcohol and other drug dependence; Levels of license suspension and revocation; Fines and levels of incarceration; and Treatment and self-help resources for alcohol and other drug addiction. DIPs involve a two- or three-day process of education and screening. All DIPs are certified by the Ohio Department of Mental Health and Addiction Services, and they are usually held at hotels. Locations, dates, and hours of operation are available at most courthouses. A list of DIP locations in Ohio is available online. How Can an OVI Attorney Help My Case? Hiring an attorney to defend yourself against OVI charges can make a significant difference in your case. We have decades of experience defending OVI cases and have picked up a lot of knowledge and experience along the way. You can rest assured that we will: Prepare a strong legal strategy to present to the prosecutor; Advocate to have your charges reduced or dismissed; Investigate the circumstances of your case and ensure we have a thorough understanding of what occurred; and Offer the highest level of legal representation that we can achieve. Do not accept an unfavorable plea agreement before you have a chance to consult with an OVI lawyer. Otherwise, you might face stiffer penalties. Instead, consult with an experienced attorney at Gounaris Abboud, LPA for OVI help in Dayton. Contact Gounaris Abboud Today to Learn About More OVI Resources An OVI conviction can result in serious consequences. Of course, each case is different. However, in many situations, it will be beneficial to obtain an attorney to help you defend your case. Collectively, our team has more than 30 years of experience in the courtroom. One of our managing partners, Nicolas G. Gounaris, is a seasoned attorney with experience as a prosecutor, magistrate, and acting judge—a background that gives him a unique outlook on defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. When it comes to fighting OVI charges in court, no case is too complex for our skilled defenders. From start to finish, the experienced and awarded Dayton DUI attorneys at Gounaris Abboud, LPA can help you preserve your liberties.Read More
The legal system is harsh when you’ve been arrested for the same crime multiple times. According to Ohio’s laws on Operating a Vehicle Impaired (OVI), punishments increase for a second drunk driving conviction, a third, and so forth. You can fight the charges to get a favorable outcome in your case. To do so, you’ll need an Ohio DUI defense attorney to represent you and fight for your rights. You should also review some critical information about the proceedings. Summary of Multiple Offenses Under Ohio DUI Laws Regardless of how many previous convictions are in your criminal history, the standards for OVI are the same. You can be arrested under two different circumstances: Police pulled you over and asked you to take a chemical test, in which you registered a blood alcohol content (BAC) of .08% or more; or, Officers stopped you and had reasonable suspicion that you were impaired by alcohol. There is a statute about high BAC amounts, which could affect your sentence in a drunk driving case. Any BAC amount of .17% or higher may implicate more penalties. Penalties Increase for a Third DUI Conviction If you’re convicted for a third drunk driving offense for impairment or a BAC over .08 through a chemical test, the criminal punishment is severe. For purposes of the law, keep in mind that the look-back period is ten years. Mandatory sentencing applies for a conviction: A judge may sentence you to 30 days to one year in jail. Upon release, the court may impose at least three months of electronic home monitoring. You’ll receive a mandatory fine of at least $850. Your driver’s license will be suspended for at least 24 months and up to 10 years. Other consequences may also apply in your case. Though you may have limited driving privileges to get to and from school, your job, and other essentials, you’re not eligible for at least 180 days after your arrest. You’ll need to install an ignition interlock device (IID) on your vehicle during this time, and you must attend a substance abuse program. Retain an Ohio OVI/DUI Lawyer Who Will Defend Your Interests There are severe consequences for a third DUI offense, including higher fines, longer terms of incarceration, and other penalties. Don’t put your rights at risk by trying to represent yourself in such a case. Trust one of our attorneys at Gounaris Abboud, LPA to advocate on your behalf. Please contact us to set up a consultation, where we can review your circumstances and determine how to proceed with your defense.Read More