Ohio Theft Laws

Ohio theft law involves two general questions: Has a theft occurred, and if so, what penalty might apply? Because theft is a crime in Ohio, committing theft can lead to criminal penalties. These can include a fine, jail or prison time, or both. Contact an experienced defense attorney if you face a theft charge in Ohio. A defense attorney can help you understand the charges against you, potential penalties, and defense strategies. Did a Theft Crime Occur Under Ohio Theft Laws? First, it is important to understand what conduct is considered theft under Ohio’s theft law. Ohio theft law makes it a crime to knowingly obtain or exert control over another person’s property or services by unlawful means. Taking another’s property is unlawful when it is: Without the owner’s consent; Beyond the scope of the owner’s permission; By deception; By threat; or By intimidation Also, the Ohio theft law requires that the person take the property or service with the intent to permanently deprive the owner of that property or service. For example, it is not theft to take another person’s bicycle without their permission if you intend to return it after a short ride around the block. It is theft, however, to take the bike intending to ride off and never return. If a person unlawfully takes the property of another with the intent to deprive the owner of that property permanently, then that person committed a theft. What Criminal Penalties Apply Under Ohio Theft Laws? If a theft occurred, the next question to ask is, what penalties might apply upon conviction? The penalties that apply depend on the seriousness of the theft. The least serious class of theft is petty theft which is classified as a misdemeanor. More serious theft offenses are felony offenses. Ohio’s theft laws classify theft as petty theft or felony theft based on the value of the property or services stolen. The type of property can also determine the class of the offense. Ohio’s theft laws supply criminal penalties for each type of petty and felony theft offense. In general, the more serious the theft offense, the more severe the penalty. Ohio Petty Theft Laws Ohio theft laws outline when theft qualifies as petty theft. Petty theft occurs when the value of the property stolen is less than $1,000. Ohio petty theft laws make petty theft a misdemeanor offense. Petty theft is punishable by a maximum fine of $1,000 and up to 180 days in jail.  Ohio Felony Theft Laws In Ohio, theft is a felony if the value of the property stolen is more than $1,000. Felony theft can be in the first, second, third, fourth, or fifth degree. The least severe penalties apply to fifth-degree felony theft, which is the least serious type of felony theft offense. First-degree felony theft is the most serious type of theft offense, and it carries the most severe punishment. Fifth-Degree Felony Theft Theft is a fifth-degree felony when the value of the stolen property or services is between $1,000 and $7,500. Theft is also a fifth-degree felony when the property taken is: A negotiable instrument, such as a credit card, debit card, or check, or A vehicle license plate or temporary placard, a blank vehicle title form, or a blank driver’s license form. Fifth-degree felony theft is punishable by a fine up to $2,500 and a prison sentence between six and 12 months. Fourth-Degree Felony Theft (Grand Theft) Theft is a fourth-degree felony, also called grand theft, when the value of the property or services have taken between $7,500 and $150,000. Grand theft also results when the stolen property is a: Motor vehicle or Dangerous drug The penalty for grand theft includes a fine of up to $5,000 and a prison sentence between six and 18 months. Third-Degree Felony Theft (Aggravated Theft) Third-degree felony theft is theft of property that is worth more than $150,000 but less than $750,000. The theft is also a third-degree felony offense when the property was stolen is a: Firearm or Anhydrous ammonia. Penalties for third-degree felony theft include a maximum fine of $10,000 and between one and five years in prison. Second-Degree Felony Theft (Aggravated Theft) Second-degree felony theft results when the value of the stolen property is between $750,000 and $1,500,000. Felony theft in the second degree is punishable by a fine up to $15,000 and a minimum prison sentence between two and eight years. First-Degree Felony Theft (Aggravated Theft) When property or services taken are worth more than $1,500,000, the theft is a first-degree felony. Criminal penalties for felony theft of the first degree include a fine up to $20,000 and a minimum prison sentence between three and 11 years. Facing Theft Charges in Ohio? Contact a Defense Lawyer at Gounaris Abboud, LPA If you are facing a theft crime charge, your next step is to seek help from an experienced defense lawyer. At Gounaris Abboud, LPA, our job is to protect your rights. The theft crimes defense lawyers at Gounaris Abboud can help you understand the charges you face and explain how to present your best defense. To learn more about how the defense lawyers at Gounaris Abboud, LPA, can protect you, contact our office today at (937) 222-1515 to schedule a free initial case evaluation.

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High-Tier-OVI-in-Ohio

In Ohio, a person is guilty of driving under the influence (OVI) if they operate a motor vehicle with a blood alcohol content of 0.08 or higher. When someone’s blood alcohol content is significantly higher the offense becomes a “high tier” OVI. A “high tier” OVI, carries criminal penalties that are much more severe than the penalties for a typical OVI.  What is a High Test Result Under Ohio’s High Tier OVI Laws? When the police suspect a person of driving under the influence, they may ask that person to submit to a chemical test. This test measures the person’s blood alcohol content. If the test results show that the person has a blood alcohol content of 0.08 or more, the driver will likely face an OVI charge. If the test results show that the person’s blood alcohol content is equal to or greater than 0.17, the person faces a “high tier” OVI charge.  What test results qualify as a “high” under Ohio drug laws? Ohio law defines the following results as high, depending on the type of test: Breath test: 0.17 or greater Urine test: 0.238 or greater Blood serum or plasma test: 0.204 or greater Ohio considers these results excessively above the legal blood alcohol limit of 0.08. For the driver whose test returns a high result enhanced criminal penalties will likely follow if convicted.  Criminal Penalties for a High Tier DUI For a high tier OVI conviction, Ohio law imposes enhanced criminal penalties. The following are potential penalties that could result from a super DUI: Suspended driving privileges.  The Ohio Bureau of Motor Vehicles (BMV), through an Administrative License Suspension (ALS), will suspend a person’s driving privileges after a test over the legal limit. This means that you may not drive until your driving privileges are reinstated or if the Court grants driving privileges.  Suspended driver’s license. The court may suspend the individual’s license for one to three years following an OVI conviction.  Fines. The fines imposed for an OVI range anywhere from $375 to $1,075.  Ignition interlock device. The court will require that the driver install an ignition interlock device at the driver’s expense if convicted of a “high tier” OVI. Ignition interlock devices prevent the operator from starting the car until they pass a breath test. Some devices require a second breath test at random while the vehicle is in operation. If the court grants the person unlimited driving privileges, the person must install an interlock device. Restricted license plates. If the court allows the person to continue driving, the person will need to display restricted license plates if convicted of a “high tier” OVI. Restricted license plates are bright yellow with red lettering. The plates signal that the driver has limited privileges because of a driving under the influence conviction. Jail time. An individual usually must serve a mandatory 6 six days up to 180 days in jail if convicted of a “high tier” OVI.  For a second “high tier” OVI conviction, the sentence ranges from a mandatory 20 days to six months in jail. The punishment for a third “high tier” OVI conviction is at least 60 days in jail and up to one year. Probation. The court may require up to five years of probation for a “high tier” OVI conviction.  These penalties often affect the individual’s life significantly because of things like increased insurance rates, associated costs and expenses, and limited ability to travel. Because of the potentially severe consequences of a “high tier” OVI you should immediately seek legal representation to help you in your defense.  Contact an Experienced OVI Attorney in Ohio If you are facing OVI charges in Ohio, you need an experienced defense attorney on your side. At Gounaris Abboud, LPA, our experienced and distinguished defense lawyers will work hard to protect your rights at every stage of your case.  Contact our legal team today for a free case evaluation. Our lawyers can discuss how we can help you develop a strong legal defense and obtain the best possible outcome. 

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ohio drug laws controlled substances

What You Should Know About Ohio Drug Possession Laws Ohio drug possession laws is codified by Ohio Revised Code Section 2925.11 and it indicates that the definition of possession of controlled substances as “knowingly obtaining, possessing, or using a controlled substance”. Ohio drug laws classify controlled substances into five “schedules.” These schedules range from the most serious (Schedule I) to the least serious (Schedule V). Possession of more serious drugs carry more severe penalties, while the penalties for possessing less serious drugs are not as harsh. Criminal penalties for possessing a controlled substance can include prison sentences, fines, or both. Ohio Drug Laws on Controlled Substances Ohio drug laws follow federal classifications of controlled substances into five “schedules”: Schedule I. Schedule I drugs are those that have a high potential for abuse and have no accepted medical uses. Examples of Schedule I drugs include heroin, LSD, and marijuana.   Although now the Ohio Legislature has enacted laws providing for medical use of marijuana with an approved license. Schedule II. Schedule II drugs are drugs with a high potential for abuse but with limited accepted medical uses. These drugs are considered dangerous and can lead to severe mental and physical dependence. Cocaine, methamphetamine, oxycodone, and fentanyl are some examples of Schedule II drugs. Schedule III. Schedule III drugs are drugs with a moderate to low potential for abuse or dependence and have accepted medical uses. Ketamine and anabolic steroids are examples of Schedule III drugs.  Schedule IV. Schedule IV drugs have a low potential for abuse or dependence. These drugs also have known medical uses. For example, Xanax, Valium, and Ambien are Schedule IV drugs. Schedule V. Schedule V drugs have the least potential for abuse and the most common medical uses. Antidiarrheal and cough suppressants are examples of Schedule V drugs. Whether a drug is a Schedule I or II controlled substance or a Schedule III, IV, or V controlled substance is important for criminal charges, penalties, and sentencing. Ohio Penalties for Possessing Controlled Substances Penalties for possession of controlled substances depend on factors such as the type and the amount of the substance. For example, possession is more severely punished when it involves possession of Schedule I and Schedule II controlled substances.  The penalties for possessing a controlled substance also depend on how much of the substance the accused possessed. Some controlled substances, including marijuana, LSD, heroin, and cocaine, are measured by weight. Other controlled substances are measured by what Ohio drug laws call a bulk amount. Each controlled substance is assigned a bulk amount by statute. Penalties depend on whether the defendant possessed less or more than the bulk amount. Note that possession is not a crime if the person has a valid prescription for the controlled substance. Many controlled substances, particularly Schedule III, IV, and V controlled substances, have accepted medical uses. Possessing a controlled substance without a valid prescription, however, can lead to misdemeanor or felony possession charges. Possession of Controlled Substances in Ohio Possession of most Schedule I or II controlled substances is aggravated possession of drugs under Ohio drug laws. However, possession of some Schedule I and II drugs will not result in aggravated possession charges. These drugs include, for example, marijuana, heroin, cocaine, and LSD. Aggravated possession of drugs is a felony but can vary in degree based on the amount in possession: Less than bulk amount is a fifth-degree felony. Bulk amount or more, but less than five times the bulk amount, is a third-degree felony. Five times the bulk amount or more, but less than 50 times the bulk amount, is a second-degree felony. 50 times the bulk amount or more, but less than 100 times the bulk amount, is a first-degree felony. 100 times the bulk amount or more is a first-degree felony. A person in possession of a Schedule III, IV, or V controlled substance may be charged with possession of drugs under Ohio drug possession laws. Possession of drugs can result in a first-degree misdemeanor charge or a felony of the fifth, fourth, second, or first degree depending on how much of the substance was in the defendant’s possession. Less than bulk amount is a first-degree misdemeanor. Bulk amount or more, but less than five times the bulk amount, is a fourth-degree felony. Five times the bulk amount or more, but less than 50 times the bulk amount, is a third-degree felony. Fifty times the bulk amount or more is a second-degree felony. Regardless of the schedule of the controlled substance, the offense (as determined by bulk amount or weight) ordinarily carries the same penalty. Sentences for Violating Ohio Drug Possession Laws Ohio law supplies suggested sentencing, but the penalties can vary depending on the particular facts and circumstances of each case: A first-degree misdemeanor is punishable by a fine of up to $1,000 and 180 days in jail. A fifth-degree felony carries a maximum fine of $2,500 and between six and 12 months in prison. A fourth-degree felony may result in a fine of up to $5,000 and a prison sentence between six and 18 months. A third-degree felony is punishable by a fine up to $10,000 and between one to five years in prison. A second-degree felony may result in a fine of up to $15,000 and a prison sentence of between two and eight years. A first-degree felony may involve a maximum $20,000 fine and between three and 11 years in prison. If the quantity is extremly large, a person may be labled as a major drug offender (MDO) and the penalty would include a mandatory minimum sentence of 11 years. The sentences listed here are the penalties suggested by Ohio law. Sentences imposed in a possession case may deviate from these guidelines. Because criminal sentencing depends on the circumstances, speak with an experienced attorney about the specifics of your case. Contact an Ohio Criminal Defense Attorney If you have been arrested or are under investigation for possession of a controlled substance, turn to the defense...

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ohio felony sentencing

Ohio felony sentencing laws classify felony crimes into five categories, or degrees, ranging from most serious to least serious. Felonies can be first, second, third, fourth, or fifth-degree offenses. Felonies can be first, second, third, fourth, or fifth-degree offenses. First-degree felonies are the most serious class of felony, and fifth-degree felonies are the least serious. Felony sentencing laws in Ohio also include unclassified felony offenses. Unclassified felonies are not categorized by degree. These are very serious offenses. Felony Crimes by Class & Sentence Each felony category corresponds to a specific sentencing range. The sentence is proportional to the seriousness of the offense. More serious felonies get longer prison sentences. Ohio felony sentencing laws may also require mandatory minimum sentences for certain felony offenses. First- and Second-Degree Felonies First-degree felonies are the most severe category of offenses. For example, first-degree felonies include: Voluntary manslaughter, Kidnapping, and Rape The minimum Ohio felony sentences for a first-degree felony range from three to 11 years in prison. Second-degree felonies are the next most serious level of offenses. These offenses include, for example: Aggravated arson, and Felonious Assault Second-degree felonies can result in minimum prison sentences from two to eight years. Indefinite Sentences for First- and Second-Degree Felonies A new Ohio felony sentencing law requires indefinite sentencing for certain first- and second-degree felony offenses. First- and second-degree felonies committed on or after March 22, 2019, and that are not subject to life in prison are punishable by indefinite sentencing. Indefinite sentencing means that a judge will select a minimum sentence from the specified range of penalties. The judge will then determine the maximum term by adding 50% of the minimum term. For example, if a defendant is convicted of kidnapping, a first-degree felony, the judge may select a minimum term of six from the specified sentencing range. The maximum term, in this case, would be nine years. Find Out More Information From Our Blog This is because 50% of the minimum term of six years is three years, which is then added to the minimum term for a total of nine years. The defendant, thus, will serve six to nine years in prison. Third-Degree Felonies Some third-degree felonies are subject to longer sentences ranging between one and five years. Offenses subject to the longer sentencing include, for example: Aggravated vehicular assault or homicide, Unlawful sexual conduct with a minor, and Assisting suicide. However, most third-degree felonies are punishable by shorter sentences ranging between nine months and three years. Are You Being Charged with a Felony? Fill out the confidential form below describing the details of what you are being charged for and then we can begin to evaluate your case. Fourth-Degree Felonies Crimes classified as fourth-degree felonies include, for example: Aggravated assault, Vehicular assault, and Grand theft of an automobile. Felony sentencing in Ohio for fourth-degree felonies can range between six and 18 months in prison. Fifth Degree Felonies Fifth-degree felonies are considered the least serious felonies. Examples of fifth-degree felony offenses include: Breaking and entering, Forgery, Gambling, and Receiving stolen property. In Ohio, felony sentences for fifth-degree offenses range between six and 12 months in prison. Unclassified Felonies Unclassified felonies are felonies that are not classified by degree. Unclassified felonies include, for example: Murder, and Aggravated murder. Ohio law supplies specific sentences for unclassified felonies. Sentences for aggravated murder, for instance, can include death, life without the possibility of parole, or life with the possibility of parole after 20 years. In Ohio, felony sentences for murder range from 15 years in prison to life in prison. Mandatory Sentences Ohio felony sentencing laws may also impose mandatory prison terms in some cases. For example, Ohio requires mandatory sentences for aggravated murder, murder, rape, or attempted rape of a child under the age of 13, and first- or second-degree felony drug trafficking. In these cases, a court must impose a sentence or sentence range specified for the offense. Contact an Experienced Ohio Felony Sentencing Lawyer Ohio felony sentencing is complicated and depends on the specific circumstances of each case. If you face a felony charge, it is imperative to your defense that you speak with a lawyer experienced in felony sentencing in Ohio. At Gounaris Abboud, LPA, we have over 50 years of combined experience in criminal defense. The defense lawyers at Gounaris Abboud, LPA, can help you understand your case and can discuss possible defenses to overcome your charges. We offer a free initial case consultation. To schedule yours, contact our legal team today at (937) 222-1515. TLDR; Quick Reference Section First-degree felonies include: Voluntary manslaughter, Kidnapping, and Rape Second-degree felonies include: Aggravated arson, and Felonious Assault Third-degree felonies can include: Aggravated vehicular assault or homicide, Unlawful sexual conduct with a minor, and Assisting suicide Fourth-degree felonies can include: Aggravated assault, Vehicular assault, and Grand theft of an automobile Fifth-degree felonies can include: Breaking and entering, Forgery, Gambling, and Receiving stolen property.

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assault in ohio

Battery VS Assault: What Is The Difference Between Assault And Battery In the state of Ohio, assault and battery are two separate offenses that oftentimes go hand in hand. Ohio assault laws define assault as the act of causing or attempting to cause harm to another person or unborn child, while battery involves negligently or intentionally causing bodily harm or offensive physical contact.  Assault can either be considered simple, negligent or aggravated. While simple and negligent assault are charged as misdemeanors, aggravated assault can be a felony offense if committed against a protected party such as a police officer, firefighter, teacher, or another public servant. Related: How to Defend Against Assault Charges Ohio Assault Laws – Types Of Assault Charges in Ohio Simple Assault Simple assault, oftentimes plainly referred to as just “assault,” is a first-degree misdemeanor offense in Ohio and can carry penalties up to six months in jail and $1,000 in fines. Simple assault involves knowingly or recklessly causing harm to another person or their unborn child. Under this definition, a person does not need to have the intent to harm in order to be found guilty. Negligent Assault A person can be charged with negligent assault in the event that a person should cause physical harm to another person through the negligent handling of a deadly weapon. Negligent assault is a third-degree misdemeanor, carrying up to 60 days in jail and fines up to $500. Negligent assault is oftentimes charged in relation to hunting accidents or accidental shootings. Felony Assault In serious cases where a person causes or attempts to harm another person with the use of a deadly weapon or firearm, they may be charged with felony assault – the most serious type of assault. Felony assault in Ohio can carry the following consequences: For a first degree felony, up to eleven years in prison and fines up to $20,000. For a first degree felony committed against a police officer, up to eleven years in prison, fines up to $20,000, and a mandatory minimum sentence of at least three years in prison. For a second degree felony, up to eight years in prison and fines up to $15,000. Similarly, aggravated assault is charged when a person commits an assault in a fit of rage after being provoked by the victim. Aggravated assault is often charged as a fourth-degree felony, though it can be escalated to a second-degree felony if committed against a police officer. A conviction of aggravated assault can carry up to six years in prison and $5,000 in fines. Is Pushing Someone Assault In Ohio? Pushing in associated with assault can vary from state to state. Some states consider physical attack an assault, which would include slapping or even slightly pushing or shoving another person. This could be regarded as a simple assault. Other states consider assault to be any sort of action that threatens another person, such as threatening to push or punch someone. Under Ohio assault laws, pushing or shoving someone would be considered a simple assault. Related: Case Results: Assault and Domestic Violence Charges Dismissed Charged with Assault? Contact Us If you have been accused of any type of assault, a skilled Dayton criminal defense attorney from Gounaris Abboud, LPA, can protect your rights in court and provide the aggressive defense you need during this time. Having earned an Ohio Super Lawyers® inclusion and a ranking on The National Trial Lawyers: Top 100 list for our excellence, we have what it takes to fight and win on your behalf. Find out more about what our award-winning lawyers can do for you during a free consultation. Frequently Asked Questions Regarding Assault Charges in Ohio

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  • November 07, 2019
  • OVI
what happens if you refuse a breathalyzer in ohio

One look at Ohio’s statute on Operating a Vehicle Impaired (OVI), and you’ll know that getting pulled over for drunk driving is a big deal. If convicted for even a first-time offense, you face jail time and a driver’s license suspension. If your blood alcohol content was .08% or above, mandatory minimum sentencing kicks in. This means that you’ll spend anywhere from 72 hours to six days in jail. There are also fines, court fees, the costs of taking an alcohol abuse course, and license reinstatement expenses, so you’re looking at losing thousands of dollars. Based on these penalties, you may think that refusing a breathalyzer in Ohio is a good idea. In truth, declining the chemical test is not a wise move. Some answers to these common questions may help you understand the key issues. What does implied consent mean? In Ohio, you consent to a chemical test to measure your blood alcohol content (BAC) when asked by police. The test may be through samples of your breath, blood, or urine, but the breathalyzer is the most common. If you refuse the breathalyzer in Ohio, the penalties can be severe. When can officers request me to take a breath test? Police can ask you to take a chemical test after you’ve been arrested for drunk driving. You must be under arrest before the police can make the request. If they ask you to take a portable breath test at the scene, you’re within your rights to refuse to blow. These devices are often inaccurate and are usually not administered by a specially trained law enforcement officer, so the results cannot be used as evidence. What are the penalties I refuse to blow? The first time you refuse a breathalyzer test, you’ll get a one-year driver’s license suspension. Per Ohio’s DUI laws, the punishment increases with subsequent offenses. Therefore: A second refusal could lead to a two-year suspension of your driving privileges; License suspension for three years for a third refusal; and, A five-year suspension applies for more offenses. What happens to the DUI charges against me? Refusal to blow is a separate offense from drunk driving, so you could be sentenced to the above punishment regardless of the outcome in our DUI case. Are there any defenses to OVI refusal to blow? The details vary according to your circumstances, but you may have grounds to fight the charges. One of the more common defenses is that the police officer didn’t tell you your rights about refusal to blow. Set Up a Consultation with an Ohio OVI/DUI Lawyer Right Away If you have more questions about refusing a breathalyzer in Ohio, please contact Gounaris Abboud, LPA today. We can schedule a case evaluation to review your circumstances and determine the best strategy for defending your rights.

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Have you or a loved one been charged with a felony in Ohio? If so, you’ll want to know what to expect from your preliminary hearing. When a defendant is charged with a felony in Ohio, a preliminary hearing will be scheduled in the local municipal court. According to the United States Department of Justice (DOJ), a preliminary hearing determines if there is probable cause to hold the defendant. This hearing also determines if the criminal case should move forward in the legal process. Here, our criminal defense team answers questions about what to expect at a preliminary hearing in Ohio. Ohio Preliminary Hearing: Understanding the Basics What is a Preliminary Hearing? A preliminary hearing is a type of screening procedure. At the hearing, there will be a review of the prosecution’s evidence to ensure that there is reasonable cause to hold a defendant in jail or apply bond conditions. What is the Timeline for a Preliminary Hearing? When a preliminary hearing is used instead of a grand jury, it will occur right after an arrest. Prosecutors must hold a preliminary hearing within ten days if the defendant is being held in custody or within fifteen days if the defendant was released from custody. To protect your rights, consult with an experienced Dayton, OH criminal defense lawyer before your preliminary hearing. What Actually Happens at a Preliminary Hearing in Ohio? A preliminary hearing proceeds in the same way as a trial. First, the prosecution has an opportunity to lay out its evidence. For the defendant, this is a critical first look at the prosecution’s case. Under Ohio law (Ohio Revised Code § 2937.12), the prosecution must prove probable cause. If they fail to do so, they defendant can petition for discharge after the hearing. How Should I Prepare for a Preliminary Hearing? If you have a preliminary hearing in Ohio, seek representation from an experienced criminal defense lawyer. Your attorney will be able to build a proper defense strategy for the trial. Get Help From Our Dayton, OH Criminal Defense Attorneys Right Away At Gounaris Abboud, LPA, our Ohio criminal defense lawyers are strong advocates for our clients. If you or your loved one was charged with a crime, we are here to help. To set up a free, no-obligation analysis of your case, please contact our law firm today. With offices located in Dayton and Springboro, we represent defendants throughout the region.

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How to File for Divorce in Ohio

Ending a marriage is never an easy thing to do, but divorce is the right choice for some couples. If you are getting divorced, you are not alone. Filing for divorce is complicated. Beyond the heavy, intense emotional issues, many legal and logistical matters must be resolved. Here, our Dayton divorce attorneys explain how to file for divorce in Ohio. Four Steps for Filing for Divorce in Ohio 1.) You Must Meet the Eligibility Requirements Under Ohio law (3105.01), you must meet the state’s residency requirements to file for divorce. Either you or your spouse must have lived in the state of Ohio for at least six months before you filed for divorce. Couples seeking a divorce in Ohio must file in the county where they have resided for the last 90 days. If you do not yet meet Ohio residency requirements, you must wait to do so.  2.) Select Your Grounds for Divorce To file for divorce in Ohio, you must select and prove grounds for the separation. Most couples choose to seek a no-fault divorce in Ohio. Married couples can get a divorce on the grounds of “incompatibility” in Ohio. 3.) Prepare and File Divorce Forms When you file for divorce in Ohio, ensure that all forms are correctly prepared and submitted. The specific requirements for divorce forms sometimes vary from county to county. In any Ohio divorce, you must: File a case designation sheet; File a divorce complaint; and Include instructions for serving divorce papers on your spouse. If you are a parent of a minor, you must complete and submit a Parenting Proceeding Affidavit. Eventually, divorcing parents must create a shared parenting plan with documents for child support calculations. 4.) Resolve the Key Issues Before you can finalize your divorce, all relevant issues must be resolved. Critical issues in an Ohio divorce case can include: Property division; Debt division; Alimony (spousal support); Child custody; Child visitation; and Child support In some divorce cases, litigation may be necessary to reach a resolution. However, that is usually not the case. Most divorces are settled outside of the courtroom — either through collaborative divorce, divorce mediation, or through another type of negotiation. Get Help From Our Dayton, OH Divorce Lawyers Today At Gounaris Abboud, LPA, our Ohio family law attorneys are compassionate advocates for clients. If you are filing for divorce, we are here to help. For a free confidential divorce consultation, please contact our legal team right away. From our law office in Dayton, we serve communities throughout the region, including in Montgomery County, Miami County, and Greene County.

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Filing for Divorce in Ohio

If you or your spouse are considering divorce, you must understand the divorce process in Ohio. At Gounaris Abboud, we provide professional and experienced representation to our clients during the divorce process. An Ohio divorce lawyer at our firm can answer any questions you might have today. In the meantime, we want to give you with more information about filing for divorce in Ohio. Filing for Divorce in Ohio Under Ohio law (Ohio Rev. Code § 3105.17), the divorce process begins when one spouse files a complaint for divorce. Ohio is one of a few states in the U.S. that recognizes fault-based divorce. When one party files for divorce, that party must state a fault-based ground for divorce or the “no-fault” option. The “no-fault” divorce option is only possible if both parties agree to the divorce. When both parties agree to the “no-fault” option, the process is a “dissolution of marriage.” Fault-Based Versus No-Fault Grounds for Divorce in Ohio According to the Ohio Revised Code, the following are possible causes for divorce: Either party had a spouse living at the time of the marriage; Willful absence of the adverse party for one year (abandonment); Adultery; Extreme cruelty; Fraudulent contract; Any gross neglect of duty; Habitual intoxication; or Incompatibility, unless denied by either party (“no-fault” option). If one of the parties files a petition for divorce based on incompatibility and the other party agrees, then this is a “no-fault” divorce option. If the parties have lived apart for at least one year from the date of the divorce complaint, there is no need to claim fault. When a party cites a fault-based ground for divorce, property division, alimony, and other matters in the divorce process might be affected. Contact a Divorce Attorney in Ohio Do you have questions about the divorce process in Ohio? An Ohio divorce attorney at our firm can assist you. Contact Gounaris Abboud today for more information.

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  • November 07, 2019
  • OVI

Ohio OVI Penalties: What You Should Know Driving under the influence of alcohol or drugs is a serious offense in Ohio that can have steep penalties. Not only will you pay a fine and do jail time, but you can also lose your driver’s license and end up with a criminal record. If you are facing charges for drunk or drugged driving in Ohio, you need to learn more about Ohio OVI penalties. Mandatory Minimum Ohio OVI Penalties for First-Time Offenders First-time OVI offenders in Ohio still face significant penalties. Ohio DUI penalties are based on whether a person has a “low” or a “high” blood alcohol concentration (BAC). A “low” BAC is anything above the legal limit of 0.08 = but less than 0.17. The mandatory penalties for a first-time “low” OVI are: 3 days to 6 months in jail; At least a 6-month suspension of your driver’s license, and a driver’s license suspension of up to 3 years; and A fine of at least $375 and up to $1,075. A “high” OVI conviction, with a BAC of 0.17 or higher, comes with higher mandatory penalties. Just because these are the mandatory minimums does not mean that you should assume this will be the only penalty. Judges can impose sanctions that are higher than these sentences. For example, Ohio only requires that a first-time OVI conviction results in three days in jail, but a judge may order you to spend up to six months in jail. Besides these penalties, you will pay a fee of $475 to have your driver’s license reinstated. Penalties for Refusal to Submit to a Chemical Test If you refuse to take a chemical test—a breath test, a blood test, or another test designed to test your blood alcohol concentration—you will face more penalties. By refusing to take a chemical test, you are violating the implied consent law in Ohio. For a first offense, you will face an automatic driver’s license suspension of one year. If your BAC is over the legal limit and you refused to take a test, you will face more penalties. Subsequent OVI Penalties and Ohio DUI Laws Subsequent offenses come with steeper penalties. For example: Second offense: anywhere from 10 days to 1 year in jail, a fine of up to $1,500, and a driver’s license suspension of up to 5 years; Third offense: anywhere from 30 days to 1 year in jail, a fine of up to $1,500, a driver’s license suspension of up to 10 years, and the required use of an ignition interlock device; and Fourth offense: anywhere from 60 days to 1 year in jail, a fine of up to $10,000, possibility of a permanent suspension of your driver’s license, and the required use of an ignition interlock device. Contact an Ohio OVI Defense Attorney If you need help building a defense in your OVI case, our Ohio OVI defense attorney can begin working on your case today. Contact Gounaris Abboud for more information.

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