Dayton Domestic Violence Defense Lawyers
Are you facing domestic violence charges? At Gounaris Abboud, our Dayton domestic violence lawyers work hard to protect you from the state and lessen the impact your charges have on your life.
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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 Dayton domestic violence attorney 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 domestic violence attorney 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 imminent harm.
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. Ohio’s domestic violence statute applies only when the relationship meets this legal definition. If the relationship does not qualify, the conduct may be charged under a different criminal offense, but not as domestic violence.
What Qualifies as Domestic Violence in Ohio?
Disagreements are part of all domestic relationships. When violence occurs, the state may step in with domestic violence 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.
Domestic disputes that result in injury are often escalated to criminal charges regardless of which party initiated the conflict. Defining domestic violence broadly means even non-physical acts like threats can qualify as criminal offenses under Ohio law. If you are facing domestic violence charges, contact a domestic violence defense attorney to build a strong defense and 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 domestic violence defense attorney 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. False accusations and false allegations are also issues that come up frequently in domestic violence cases, and a skilled criminal defense lawyer knows how to expose inconsistencies in the evidence used by the prosecution.
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:
Spousal privilege normally blocks spouses from disclosing confidential communications. However, spousal privilege does not apply to cases where one spouse committed a violent crime against the other or their child.
Your doctor, psychologist, or therapist cannot testify against you concerning any communication made while seeking or obtaining treatment.
Your religious advisor cannot be compelled to testify about anything you say while seeking spiritual guidance.
Your Dayton domestic violence attorney cannot testify about any admissions you made during confidential communications. This privilege includes your criminal defense attorney and any other lawyer with whom you established an attorney-client relationship, including a family law attorney you consulted about divorce or other family law matters.
Prosecutors cannot force you to testify during your trial, a protection afforded to you under the Fifth Amendment.
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. Mandatory prison time also applies when the alleged victim is pregnant and serious physical harm occurs to the fetus. Mandatory minimum sentences apply for harming pregnant victims under Ohio’s escalating penalty structure.
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.
A second or third domestic violence offense can result in a third-degree felony charge, which carries up to three years in prison. Domestic violence convictions cannot be expunged from your record, which makes fighting the charge from the start with an experienced domestic violence attorney even more important.
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
| Type of Offense | Description | Penalty |
| Fourth-Degree Misdemeanor |
Knowingly makes a family or household member fear immediate physical harm |
Up to 30 days in jail and/or up to $250 in fines |
| Second-Degree Misdemeanor |
Has 1 prior domestic violence conviction and knowingly threatens immediate physical harm against a family or household member |
Up to 90 days in jail and/or up to $750 in fines |
| First-Degree Misdemeanor |
|
Up to 6 months in jail and/or up to $1,000 in fines |
| Fifth-Degree Felony | Knew the family or household member was pregnant and either:
| Up to 12 months in prison, with a mandatory minimum of either:
|
| Fourth-Degree Felony | Has 1 prior domestic violence charge and:
| Up to 18 months in prison, with a mandatory minimum of either:
|
| Third-Degree Felony | Has 2 prior domestic violence convictions and either:
| Up to 3 years in prison, with a mandatory minimum of either:
|
Temporary Protection Orders After a Domestic Violence Incident
Judges automatically issue temporary protection orders (TPOs) when prosecutors file domestic violence charges, regardless of the severity of the domestic violence allegations. A temporary protection order may be issued without the alleged offender present, and temporary protection orders can be requested within 24 hours of a domestic violence arrest. Violating a temporary protection order can lead to six months in prison, which means the consequences compound quickly when an accused person makes contact with the alleged victim in violation of the order.
Violating a temporary protection order is treated as a criminal offense in Ohio and adds to any existing domestic violence charges. This applies even when the alleged victim initiates contact. The alleged offender can still be charged with violating the order regardless of who reached out first.
If your family or household member 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 child custody proceedings and other family law needs.
Facing Domestic Violence Accusations?
Domestic violence accusations can affect every part of your life, from your freedom to your relationship with your children. You need a trusted defense attorney on your side to protect your future. Contact us for a free initial consultation today.
Understanding and Preparing for the Court Process
Can domestic violence charges be dropped in Ohio? In some cases, your domestic violence attorney can persuade prosecutors to drop charges instead of taking them to court. If your lawyer cannot get the charges dropped, the court process for domestic abuse cases generally has three steps: the arraignment hearing, pre-trial hearing, and trial.
The state often prosecutes domestic violence charges alongside other violent crimes, which can increase the complexity and severity of the case. Dayton criminal defense attorneys who understand how Montgomery County prosecutors handle these matters are better positioned to negotiate favorable outcomes early in the legal process.
First, a person accused of domestic violence has an arraignment hearing within a reasonable time of their domestic violence arrest.
At the hearing, the judge informs the defendant of the crime they are charged with committing and asks them to enter a plea, which is usually either guilty or not guilty. The judge also sets bail at the arraignment hearing. Amy’s Law requires a danger assessment for domestic violence bail, meaning the court uses a 20-question hazard form to assess the defendant’s likelihood of reoffending before deciding on release conditions.
The next step in the legal process is the pre-trial hearing. During this step, the criminal defense attorney reviews the prosecutor’s evidence against the defendant.
Additionally, the defense attorney and prosecutor can discuss the admissibility of evidence. The admissibility of certain evidence is important because it can have a major impact on the outcome of the case.
In some domestic violence cases, the defendant has the opportunity to enter into a plea deal to avoid trial.
A domestic violence plea deal is an agreement between the prosecution and defense where the defendant agrees to plead guilty or no contest. In return, the prosecution drops or reduces one or more charges or agrees to recommend a particular sentence. A skilled Dayton domestic violence lawyer can often negotiate a plea deal that results in charges dismissed or reduced to a lesser criminal offense to avoid the most serious penalties.
If the defendant does not enter into a plea agreement, the case proceeds to trial.
At trial, both sides present their cases as to why the defendant is either guilty or not guilty.
What Are the Defenses an Attorney Can Raise Against Domestic Violence Charges?
If you are facing domestic violence charges in Dayton, OH, the domestic violence defense attorneys at Gounaris Abboud are ready to provide you with the defense you deserve. The state prosecutes domestic violence allegations vigorously, and you need a solid defense to rely on. Depending on the facts of your case, we may use one or more of the following defenses.
Sometimes, a cohabitant or family member might falsely claim that you harmed or attempted to harm them. False accusations like these may arise when someone wants to gain leverage in a child custody proceedings dispute or divorce. False allegations in domestic violence cases are more common than many people realize, and an experienced domestic violence attorney knows how to identify and expose them.
Sometimes, you might be accused of domestic violence when you use force to prevent a household member or family member from harming someone.
If this is the case, you may be able to argue that you were defending the other person. Our law office can help you understand whether this argument could defeat a domestic violence charge.
Additionally, you might be accused of domestic violence when using force to defend yourself against a family member.
Self-defense is a recognized protection under Ohio law, and Ohio’s Stand Your Ground law may apply in certain situations where you faced a threat of imminent harm from a household member. If you believe you acted in self-defense and have been charged with domestic violence, you should talk to our team today.
Evidence is an important piece of all criminal cases. Typically, the state must present various forms of evidence to get a conviction. However, if uncorroborated alleged victim testimony is all the prosecution has, the criminal defense lawyer of record may be able to effectively get the charges thrown out.
Other types of evidence the prosecution might use include witness testimony, video footage, and proof of injury. When law enforcement builds its entire case around witness testimony with no supporting evidence, your Dayton domestic violence attorney can challenge the reliability and credibility of that account to create reasonable doubt.
Accidents and injuries do indeed happen among household members and family members. However, an accident is not enough to warrant a domestic violence charge. Without reckless or intentional actions, the domestic violence defense attorney can argue to get the charges dropped.
For example, negligence that leads to serious physical harm to a child may result in a child abuse or neglect charge, but not a domestic violence charge. Understanding the distinction between accidental harm and considered domestic violence under Ohio law is where an experienced domestic violence attorney makes a real difference.
What Is the Domestic Violence Statute of Limitations in Ohio?
The state must bring domestic violence charges within two years for misdemeanors and six years for felonies under the domestic violence statute. If the state brings charges after the deadline, your Dayton domestic violence lawyer can file a motion to dismiss them.
Ohio’s domestic violence statute applies strict timelines, but these deadlines can be affected by when the alleged incident was reported or discovered. This makes it important to consult with a domestic violence attorney as soon as domestic violence allegations surface, even if you believe the incident happened too long ago for charges to stick.
What Should I Do If There Is a Warrant for My Arrest for Domestic Violence Charges?
Arrests typically occur in two ways. First, someone might call the police during or immediately after the domestic violence incident. If officers witness a crime in progress or develop reasonable cause to believe a crime occurred based on the evidence, they can arrest the primary aggressor.
Second, someone might file a police report after the alleged incident. Officers or detectives will follow up on the report by interviewing both parties, as well as any witnesses. They may gather evidence, such as photos of any injuries, DNA, and torn clothing.
The officers will typically write a probable cause statement and seek an arrest warrant from a judge. If you have an arrest warrant, consider taking the following steps:
- Contact legal counsel to advise you and communicate with the police and prosecutors.
- Turn yourself in.
- Speak to the police only with your domestic violence defense attorney present.
- Request for your lawyer to get a pretrial release on bail or bond.
Most importantly, follow your lawyer’s instructions. Do not attempt to flee or contact the alleged victim. Instead, work with your Dayton domestic violence lawyers to develop your defense.
How Can Our Criminal Defense Lawyers Help You?
When you hire Gounaris Abboud to represent you, we do everything in our power to get you a favorable resolution. Whatever you face, you can rely on our team of Dayton domestic violence defense lawyers to fight hard to defend you.
Provide Personalized Strategies
We listen closely to your version of events to build the most appropriate defenses for you against your domestic violence charges.
Conduct a Comprehensive Investigation
We perform thorough investigations of the domestic violence incident and allegations in question and collect exculpatory evidence.
Employ Robust Legal Defenses
We interview and cross-examine witnesses in your case during investigations, depositions, and at trial to get to the truth of the incident.
Negotiate in Your Favor
We work diligently during negotiations with the prosecution to obtain favorable outcomes, such as charges dismissed, reduced charges, and reduced penalties. We also know how to handle domestic violence resources and program referrals that courts may consider as part of a resolution.
Offer Aggressive Legal Representation
We provide strong legal representation in court, whether your case is heard by a judge alone or by a judge and jury, and we guide you through the appeals process when needed.
Fight in Defense of Your Future
We help you avoid some or all of the collateral damage associated with domestic violence charges, such as employment and housing issues. A domestic violence conviction cannot be expunged from your criminal record in Ohio, which means avoiding a conviction entirely is the goal from day one.
Why Choose Gounaris Abboud?
50+ Years of Experience
With over five decades of experience, our law office is ready to help you with exceptional skill and dedication. Our Dayton domestic violence attorneys are deeply familiar with Montgomery County courts and have built a reputation for results in domestic violence defense cases throughout the region.
Client-Centered Approach
We have a strong commitment to providing personalized attention and tailored strategies for each client.
Track Record of Success
We have a long history of success in achieving favorable outcomes for clients facing domestic violence charges.
Compassionate Support
We know how sensitive this matter can be, and we offer compassionate support throughout the legal process.
FAQs About
Domestic Violence Defense in Ohio
In Ohio, domestic violence arrests are like any other arrest and require probable cause to be valid. Probable cause can come from statements made by the parties to the domestic violence incident or any other legally obtained evidence.
If both parties refuse to make statements, the police may still proceed with an arrest with the proper evidence. Generally speaking, officers tend to seek out the primary aggressor when responding to a domestic violence call.
Sometimes, people who should not be arrested get taken into custody, and civil rights can be violated during a domestic violence arrest. In these and every other case involving a domestic violence arrest, arrestees are strongly encouraged to seek legal counsel as soon after the arrest as possible.
A criminal defense lawyer can accomplish important work at the early stages of the criminal justice system. For example, they can help ensure that you make bail early on so you won’t spend unnecessary time in jail.
Amy’s Law addresses bail in criminal cases involving domestic violence. The basic underlying purpose of the domestic violence laws, which was passed in 2005, is to prevent certain alleged offenders from making bail. Amy’s Law requires a danger assessment for domestic violence bail.
The law is named after Amy Jones, who was severely beaten by her husband and then almost killed by him after his release on bail. With the passage of Amy’s Law, police must fill out a hazard assessment form consisting of 20 questions relating to the alleged offender and the domestic violence incident in question. The information gleaned from the 20 questions is used by a judge to assess bail and the defendant’s likelihood of committing another violent crime.
Yes. Domestic violence charges may indeed be dropped. However, the domestic violence victims do not decide whether this occurs or not. Only the prosecution or a judge has the authority to drop or dismiss a charge. Even if the alleged victim chooses to recant their testimony, the state can still prosecute based on other available evidence.
For example, if a domestic violence victim refuses to testify but video evidence exists, the prosecution will likely use the video evidence instead of dropping the case. A Dayton domestic violence attorney can negotiate aggressively for charges to be dismissed, but success depends on the specific facts and the strength of the prosecutor’s evidence.
A domestic violence conviction affects more than your freedom. The court may order you to pay fines and restitution to the alleged victim, and you may be ordered to stay away from them. You will have a criminal record that can block you from owning firearms. Some employers may refuse to employ you, and landlords may refuse to rent to you. Domestic violence convictions cannot be expunged from your criminal record in Ohio, making it one of the most permanent consequences of a criminal offense in the state.
Every case is unique. Our law office can get the charges dismissed or work out a favorable plea deal with prosecutors within a few months. Alternatively, you and the prosecutor’s office may have such divergent positions that you go to trial. Pre-trial and trial could take a year or longer.
Yes. Ohio domestic violence laws include threats that cause a family or household member to reasonably fear imminent harm, even without any physical harm occurring. A verbal threat, a menacing gesture, or harassment that makes someone fear for their safety can all be considered domestic violence under the domestic violence statute. This means domestic violence charges can arise from a domestic dispute even when no one was physically touched.
Domestic Violence Resources in Dayton
If you have questions about domestic violence charges, you can get answers from an experienced domestic violence attorney who will protect your best interests. The Dayton criminal defense attorneys at Gounaris Abboud have represented hundreds of clients against domestic violence allegations and have helped victims access resources. Call today to get help.
Resources about domestic violence laws are available to help Dayton victims of domestic violence and their loved ones protect themselves and others in harm’s way and deal with the many issues and legal consequences associated with domestic violence.
Dayton Domestic Violence Services and 24-hour Domestic Violence Hotline
The national domestic violence hotline number is (937) 461-4357 (HELP).
RAINN
The National Sex Assault Hotline number is 1(800)-656-4673.
Ohio Domestic Violence Network (ODVN)
ODVN offers resources and educational materials about domestic violence.
Dayton Domestic Violence Shelters
DomesticShelters.org lists shelters where domestic violence victims can find refuge.
The Sexual Assault Response Network of Central Ohio (SARNCO)
SARNCO maintains a round-the-clock hotline that addresses sex crimes with an ER response team and other resources.