Overview of Domestic Violence in Ohio
Under Ohio law, it is illegal for any person to:
- Knowingly cause or try to cause injury to a family or household member;
- Recklessly cause serious bodily injury to a family or household member;
- Threaten a family or household member with physical harm.
A family or household member includes a spouse, former spouse, child, or another relative that lives with the offender.
Domestic violence charges can arise from many different situations, including:
- Heated arguments;
- Child custody disagreements;
- Situations where the parties are under the influence of drugs or alcohol;
- Divorce disputes.
If you’ve been charged with domestic violence in Dayton, contact a criminal defense lawyer today.
Understanding Domestic Violence Penalties in Ohio
The severity of Ohio domestic violence penalties depends on the facts of each case and whether you’re a first-time or repeat offender.
A Dayton, OH criminal defense attorney can help you determine what penalties might apply to your case.
First-Time vs. Repeat Offenders
The penalty for a first-time charge of misdemeanor domestic violence is a $1,000 fine and six months in jail.
Ohio also has enhanced penalties for a second offense, even if it comes years later, meaning that a second domestic violence charge is a felony punishable by 18 months in prison and a $5,000 fine.
Factors that Affect the Severity of the Charge
Factors that the State of Ohio take 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 a pregnant woman;
- If the victim was pregnant, whether the unborn was harmed.
A domestic violence lawyer can help defend against either a misdemeanor or a felony domestic violence charge.
A first-degree misdemeanor domestic violence charge results in a maximum of six months in jail and a fine up to $1,000.
A second-degree misdemeanor charge results in a maximum of 90 days in jail and a fine up to $750.
A third-degree misdemeanor charge results in a maximum of 60 days in jail and a fine up to $500.
A third-degree felony domestic violence charge results in nine months to three years in prison and up to a $10,000 fine.
A fourth-degree felony charge results in six to 18 months in prison and up to a $5,000 fine.
A fifth-degree felony charge results in six to 12 months in prison and up to a $2,500 fine.