INTRODUCTION
Are you concerned about how a domestic violence charge will affect your legal custody or visitation rights? In Ohio, a domestic violence charge can lead to not only prison and fines but also loss or limitation of your visitation and child custody rights. A charge can also cause a defendant significant employment and housing problems, which ultimately threaten their ability to provide for themselves and their family. This article will touch on domestic violence charges and visitation in Ohio and how you can safeguard your rights.
Don’t take on domestic violence charges alone. Reach out to a seasoned domestic violence defense attorney for a consultation and help at (937) 222-1515 or fill out and submit a contact form.
WHAT IS DOMESTIC VIOLENCE IN OHIO?
Domestic violence is a widespread problem in Ohio that affects all socioeconomic levels and cultures.
Ohio domestic violence law defines domestic violence as causing or attempting to cause physical harm to a family or household member. The definition is purposefully broad in order to encompass a variety of domestic situations, including spouses, romantic partners, parents and children, and former or current roommates.
Additionally, domestic violence includes recklessly causing serious physical harm as well as threatening to cause imminent physical harm to a family or household member.
Physical harm is not necessary to sustain a domestic violence charge. Acts such as stalking, emotional abuse, and verbal intimidation are all considered domestic violence when they cause a person to be in fear of imminent serious bodily injury.
A conviction for domestic violence carries a range of possible punishments. The potential punishment range depends on the prior criminal history of the accused and may include time in jail, time in prison, and fines.
Additional aggravating factors — like a pregnant victim or child abuse — can increase the penalty from a first-degree misdemeanor to a fourth or fifth-degree felony. Finally, collateral consequences typically follow, such as negative repercussions on a person’s employment and housing prospects.
HOW DOES A PROTECTIVE ORDER AFFECT CHILD VISITATION RIGHTS?
Domestic violence charges can affect your child visitation rights before you even have a trial or are otherwise convicted of the crime. First, Ohio courts have the authority to issue domestic violence temporary protection orders (DVTPO) when someone is arrested for domestic violence charges. Moreover, the judge can issue the order ex parte, meaning that the judge only hears from the alleged victim and doesn’t get your side of the story.
A DVTPO remains in effect until the court issues a civil restraining order that replaces this temporary order. A DVTPO can also end when the criminal case is over. Courts that issue DVTPOs have wide latitude to restrict the accused’s freedom.
The judge can order you to:
✓ Leave your home (if you live with the alleged victim)
✓ Stay away from the complainant and your children
✓ Not to have any contact with the complainant or your children
✓ Surrender the keys and garage door openers to your house
✓ Leave your pet in the home
✓ Surrender all firearms, rifles, shotguns, and ammunition
✓ Remain alcohol and drug-free
✓ Not maintain electronic surveillance of the complainant or your children
The judge can issue any other order they deem necessary to protect the alleged victim and your children from potential abuse.
If you have been made the subject of a DVTPO, you may feel like your situation is hopeless. The good news is that you have the right to contest a DVTPO. However, you should enlist the services of a knowledgeable attorney to help you. Contesting the allegations without help from a qualified domestic violence lawyer could jeopardize your results and your future. It can also lead to a significant waste of time and money that ultimately sees you hiring a violent crime defense lawyer after going it alone.
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HOW DO OHIO JUDGES MAKE CHILD CUSTODY AND VISITATION DECISIONS IN DOMESTIC VIOLENCE CASES?
The law in Ohio requires family court judges to apply and prioritize the best interests of the child standard when determining parental rights during a divorce and child custody decisions. The best interests of the child is a broad term that covers numerous issues.
While you might think that a domestic violence conviction and child custody have nothing to do with each other, they are very much intertwined. Domestic violence affects child custody matters. Ohio law requires the judge to consider whether one of the parents has a domestic violence conviction when weighing the best interests of the child.
Therefore, the family court judge can deny you physical custody and limit your parenting time. In the most extreme cases, the judge can even terminate your parental rights if they find that it’s in the best interests of your child.
However, the judge can also order you to have physical custody or visitation with your children if they find that is in the children’s best interest. Regardless of how the judge rules, your job as it relates to your kids is to maintain as healthy a relationship as you can with your children — while following all court orders without exception.
A good Dayton child custody lawyer can help you present your best self in court, so the judge sees that you are a good parent and that your kids will be best served by having you in their life. When your children are on the line, it’s best to use a professional to protect your rights.
DOMESTIC VIOLENCE PENALTIES
Various penalties are set for those who have committed domestic violence and have been convicted. Depending on the nature of the allegation, a defendant could be looking at time in prison and significant fines. Additionally, the existence of aggravating factors and further domestic violence typically lead to harsher penalties all around.
Misdemeanor domestic violence charges in Ohio can lead to:
- Up to six months in jail and a $1,000 fine for a 1st-degree misdemeanor.
- Up to 90 days in jail and a fine of $750 for a 2nd-degree misdemeanor.
- Up to 60 days in jail and a fine of $500 for a 3rd-degree misdemeanor.
As you might imagine, felony charges are punished much more harshly, potentially leading to:
- Six to 12 months in prison and up to $2,500 in fines for a 5th-degree felony.
- Six to 18 months in prison and up to $5,000 in fines for a 4th-degree felony.
- Nine months to three years in prison and up to $10,000 in fines for a 3rd-degree felony.
Remember that first-time offenders are generally treated much more leniently than repeat offenders. Getting a second domestic violence conviction can see the penalties increase significantly. With the representation of an experienced Dayton assault defense attorney, however, it is possible to beat the charges or have them significantly reduced, which can help immensely in family court issues, such as issues relating to joint custody and sole custody.
YOU HAVE RIGHTS WHEN CHARGED WITH DOMESTIC VIOLENCE
The law punishes domestic violence convictions harshly. Additionally, family law matters, such as child custody proceedings, are often impacted by domestic violence charges. An experienced Dayton domestic violence lawyer, however, can make a material difference in your favor.
Gounaris Abboud, LPA has decades of experience representing clients with domestic violence charges. Founding partner Antony Abboud has been named a “Super Lawyer” every year since 2016. And father-son partners George G. Gounaris and Nicholas G. Gounaris have collectively represented the Dayton and Miami Valley communities for over half a century.
If you are dealing with domestic violence and child custody issues, you need a Dayton domestic violence lawyer. Contact Gounaris Abboud, LPA for a free consultation today.