Experienced Domestic Violence Defense Lawyers in Dayton

Skilled Criminal Defense Attorneys for Domestic Violence Charges in Dayton, OH

Ohio domestic violence charges carry serious penalties, stigma, and collateral damage, such as loss of child custody and employment problems. At Gounaris Abboud, we work diligently to protect our clients from these outcomes. If you have been charged with domestic violence in Dayton or anywhere else throughout Montgomery County, give our team a call to start your defense.

From the moment you contact our team, we get to work immediately to preserve your freedom and liberties. We have extensive experience getting domestic violence charges dropped in Ohio. Having an experienced lawyer on your side can make a significant difference in the outcome of your case. Call Gounaris Abboud to protect your future.

Understanding Domestic Violence Charges in Ohio

Section 2919.25 of the Ohio Revised Code defines domestic violence as knowingly or recklessly causing harm to a family or household member, as well as using the threat of force against a family or household member that causes them to reasonably be in fear of an imminent attack.

A family member or household member is either:

• A spouse or former spouse, including a person living as a spouse
• A parent, foster parent, or other relative by marriage or blood
• The parents and children of spouses and former spouses or of persons related by blood or marriage

Unmarried parents are also included because they share a child, even if they have never lived with one another.

What Qualifies as Domestic Violence in Ohio?

Disagreements are part and parcel of all domestic relationships. When violence occurs, the state may step in with criminal charges. But what actions can form the basis for domestic violence cases, and which are arrestable?

Prosecutors may use the following to form the basis of a domestic violence charge in Ohio:

• Pushing, pulling, and grabbing
• Striking, punching, and kicking
• Throwing objects
• Use of deception to cause harm
• Setting traps
• Hitting with an object
• Threatening violence as a consequence or in general
• Harm to a pregnant woman resulting in fetal harm

The state may also technically bring charges for domestic violence in cases involving corporal punishment, such as spanking. In any such case, the prosecution must prove beyond a reasonable doubt that the alleged offense did not fall under the concept of reasonable parental discipline. The accused is presumed innocent until proven guilty.

If you are facing this charge, it is crucial to contact a defense lawyer to mount a strong defense to protect your freedom.

Evidence in Domestic Violence Cases

The evidence in your case can include anything that tends to prove or disprove the elements of the criminal charges.

The police and your legal team may gather the following evidence:

• Eyewitness testimony
• Professional testimony
• Photographs and video footage
• Medical records showing physical harm
• Police reports and officer testimony
• Written communications, such as texts or emails
• Social media posts
• Laboratory reports
• Phone records

During pre-trial hearings, the defense will carefully review the prosecutor’s evidence to challenge its admissibility and reliability.

Not all evidence is admissible. For example, your criminal history might not be admissible to support claims about your character, but it may be admissible to show a pattern of conduct.

Can Ohio Domestic Violence Lawyers Prevent Testimony in Domestic Violence Trials?

You have several privileges you can assert to limit testimony. Ohio law blocks the following types of testimony in criminal court:

Criminal Charges and Penalties for Domestic Violence in Ohio

The severity of Ohio domestic violence penalties depends on the facts of each case and whether you’re accused as a first-time or repeat offender. Domestic violence jail time in Ohio could range from little to no jail time to years in prison.

Some domestic violence convictions in Ohio carry mandatory prison time due to statutory sentencing requirements, meaning certain charges require judges to impose unavoidable prison sentences.

Our domestic violence defense attorneys can help you determine what potential penalties might apply to your case.

First-Time vs. Repeat Offenders

The penalty for a first-time charge of first-degree misdemeanor domestic violence that involves physical harm is a fine of up to $1,000 and six months in jail.

Ohio also has enhanced penalties for a second offense, even if it comes years later, meaning that 2nd-offense domestic violence involving harm is a fourth-degree felony punishable by up to 18 months in prison and up to a $5,000 fine.

Factors That Affect the Severity of the Charge in Criminal Cases

Factors that the State of Ohio takes into consideration when determining whether to charge a person with a misdemeanor or felony domestic violence include:

• Whether the alleged offender has prior domestic violence offenses
• The nature of the crime
• The severity of the victim’s injuries
• Whether the alleged offender knew the victim was pregnant
• If the victim was pregnant, whether the fetus was harmed or not

A domestic violence lawyer can help defend against either a misdemeanor or a felony domestic violence charge. Be wary of hiring an inexperienced domestic violence lawyer. A conviction could result in a lengthy prison sentence.

Domestic Violence Penalties Overview

Temporary Protection Orders After a Domestic Violence Incident

Judges automatically issue temporary protection orders (TPOs) when prosecutors file domestic charges, regardless of the severity of the allegations. Importantly, violating a TPO constitutes a criminal offense. Thus, you must observe the civil protection order’s restrictions to avoid further charges.

If your family or household situation requires you to have some contact, your Dayton domestic violence attorney can file a motion to modify the TPO. For example, if you have child custody and must take your child to your spouse’s home for weekend visits, your lawyer can seek an order that accommodates your family law issues.