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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3rd dui offense in ohio

The legal system is harsh when you’ve been arrested for the same crime multiple times. According to Ohio’s laws on Operating a Vehicle Impaired (OVI), punishments increase for a second drunk driving conviction, a third, and so forth. You can fight the charges to get a favorable outcome in your case. To do so, you’ll need an Ohio DUI defense attorney to represent you and fight for your rights. You should also review some critical information about the proceedings. Summary of Multiple Offenses Under Ohio DUI Laws Regardless of how many previous convictions are in your criminal history, the standards for OVI are the same. You can be arrested under two different circumstances: Police pulled you over and asked you to take a chemical test, in which you registered a blood alcohol content (BAC) of .08% or more; or, Officers stopped you and had reasonable suspicion that you were impaired by alcohol. There is a statute about high BAC amounts, which could affect your sentence in a drunk driving case. Any BAC amount of .17% or higher may implicate more penalties. Penalties Increase for a Third DUI Conviction If you’re convicted for a third drunk driving offense for impairment or a BAC over .08 through a chemical test, the criminal punishment is severe. For purposes of the law, keep in mind that the look-back period is ten years. Mandatory sentencing applies for a conviction: A judge may sentence you to 30 days to one year in jail. Upon release, the court may impose at least three months of electronic home monitoring. You’ll receive a mandatory fine of at least $850. Your driver’s license will be suspended for at least 24 months and up to 10 years. Other consequences may also apply in your case. Though you may have limited driving privileges to get to and from school, your job, and other essentials, you’re not eligible for at least 180 days after your arrest. You’ll need to install an ignition interlock device (IID) on your vehicle during this time, and you must attend a substance abuse program. Retain an Ohio OVI/DUI Lawyer Who Will Defend Your Interests There are severe consequences for a DUI third offense, including higher fines, longer terms of incarceration, and other penalties. Don’t put your rights at risk by trying to represent yourself in such a case. Trust one of our attorneys at Gounaris Abboud, LPA to advocate on your behalf. Please contact us to set up a consultation, where we can review your circumstances and determine how to proceed with your defense.

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2nd ovi in ohio

The penalties for a second OVI in Ohio increase with each conviction. If you were arrested after being convicted in the past, your punishment could be far more severe than it was the first time. First, get an Ohio DUI defense attorney as soon as possible to help fight your charges. Next, you’ll need to understand what to expect from a DUI second offense. Overview of Ohio DUI Laws: Before getting to the punishments for a second conviction of drunk driving, you need to know the basics. Instead of driving under the influence (DUI), Ohio uses the term Operating a Vehicle Impaired (OVI). There are two scenarios where you could be arrested for drunk driving in Ohio: Police officers stopped you and asked you to take a breathalyzer test, which measured a blood alcohol content (BAC) of .08% or more; or, Officers pulled you over and had a reasonable suspicion that you were impaired by alcohol. Note that two different standards measure your BAC. You’re considered to have a “low” amount of alcohol if a chemical test reveals a BAC of .08% to .17%. However, you may be arrested for high OVI if your BAC exceeds .17%. Increased Penalties for a Conviction: If you’re charged with drunk driving under the above circumstances and you have a prior conviction, you will be charged with an Ohio DUI second offense. Your sentence may include: At least 10 days in jail, though a judge could increase this term to up to six months in jail; Fines ranging from $525 up to $1,500; and, A driver’s license suspension for at least one year and up to four years. Keep in mind other consequences: If your BAC is above .17%, your mandatory jail sentence is at least 20 days. When the car you were driving is your own, the police will impound it; you cannot recover it without a court order. Though a judge may allow you limited driving privileges, you do not qualify for at least 45 days after your arrest. Contact an Ohio OVI/DUI Lawyer for Assistance in Fighting the Charges If you’ve been arrested for a 2nd OVI in Ohio, it’s critical to understand the punishment you could face. A conviction will hit your wallet, but there are also implications for your freedoms. For more information on your case and help fighting the charges, please contact Gounaris Abboud, LPA. We can answer your questions and provide more information after reviewing your case.

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ovi ohio first offense

Intoxicated driving is one of the most common criminal charges in Ohio. The Ohio State Highway Patrol reports that 19,008 people were arrested on OVI charges in the state in 2018 alone. No matter the specific circumstances, an OVI charge is always a serious matter. Even a first-time OVI conviction could result in a defendant facing severe penalties. Here, our Dayton defense lawyers give an overview of the Ohio OVI laws. We will also explain what to expect if you are facing a first-time intoxicated driving offense. OVI Ohio First Offense: What Am I Facing? Under Ohio law (Ohio Revised Code § 4511.19), it is unlawful to operate a motor vehicle under the influence of alcohol or drugs. Ohio has graduated penalties for OVI offenses. This means a defendant will face worse penalties with each intoxicated driving offense. Still, a first-time OVI is not a minor issue. Among other things, the penalties for a DUI in Ohio first offense may include: Up to $1,075 in fines and fees; Other financial penalties and increased insurance costs; At least three days in jail or a three-day Driver Intervention Program; Up to six months in prison; and A license suspension of up to three years. Administrative Penalties: Your License Will Be Automatically Suspended — Unless You Act If you get charged with a drunk driving offense in Ohio, your license will be suspended before you get a hearing on your case. You can take action to stop this. Contact an experienced OVI Ohio defense lawyer after your drunk driving arrest. You have 30 days to request a hearing to argue the automatic suspension. You May Face Additional Penalties if Other ‘Aggravating Factors’ are Present A history OVI offenses is not the only factor that impacts the criminal penalties in these cases. A defendant could be charged with a more severe OVI offense if: They were highly intoxicated — a BAC level above .17; The accident occurred resulted in significant property damage or an injury; There was a minor present within the vehicle; or Other traffic offenses, such as reckless driving, were committed at the same time. Speak to a DUI Defense Attorney in Dayton, Ohio At Gounaris Abboud, LPA, our Ohio drunk driving defense lawyers have more than 50 years of experience protecting the rights of our clients. If you or a family member was arrested for a first-time OVI offense, we can help. To arrange a free, no obligation analysis of your case, please contact our law firm right away. With offices in Dayton and Springboro, we serve clients throughout the region, including in Montgomery County, Warren County, and Butler County.

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difference between federal and state crimes

Facing criminal charges causes a lot of anxiety. After being charged with an offense, you need an experienced Ohio criminal defense attorney on your side. How do you know how to find the best lawyer for your case when you don’t understand your charges? What’s the difference between federal and state crimes? There are both common questions that we’ll answer for you below Learning More About the Difference Between Federal and State Crimes Understanding the difference between state and federal felony charges can be confusing. Many crimes can be charged either as state or felony offenses. State and federal courts often have concurrent jurisdiction for a crime, meaning that state or federal authorities can arrest and prosecute someone. Ohio state criminal offenses have different elements of the crime than federal charges. State convictions may also carry different penalties under Ohio law than federal convictions. State Felony vs. Federal Felony Charges in Ohio What are federal charges? When can a person expect to face federal charges instead of state charges? There are many situations where a crime may be a federal offense rather than a state offense. The following are the most common reasons that a person faces federal charges instead of state charges under Ohio law: Crime occurs on federal property; Crime involves interstate connections, or movement across state borders (i.e., from Ohio into Pennsylvania); Crime involves a federal government agency or investigation by a federal government agency such as the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), the Internal Revenue Service (IRS), the Securities and Exchange Commission (SEC), the Department of Homeland Security (DHS), or the Bureau of Alcohol, Tobacco, and Firearms (ATF); or Crime is part of a larger operation or investigation by a federal agency or an investigation that involves individuals in more than one state. Examples of Federal Crimes vs. State Crimes Examples of types of crimes that are charged as federal crimes include: Weapons charges; White-collar financial crimes; Computer crimes; Internet sex crimes; Organized crime; and Drug trafficking Examples of crimes that are charged under state law rather than federal law include: Homicide; Robbery; Burglary; Assault and battery; Drug possession (small amounts); and Theft offenses. In some situations, crimes that are usually charged under state law can be charged as federal offenses. For example, if a robbery or burglary charge is related to a large-scale criminal organization that has been operating across state lines, the charges will be federal. Seek Advice from an Ohio Criminal Defense Attorney If you have questions about criminal charges in Ohio or need help building a defense, our Ohio criminal defense attorney is here to help. Contact Gounaris Abboud to get started on your defense today. FAQ Section

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how to get money from a car accident without a lawyer

We hear about car accidents all the time, but no one thinks they’ll be the victim of one.  According to the Ohio State Highway Patrol, there were 817 deaths caused by car accidents in 2018. Unfortunately, thousands more are seriously injured in Ohio car crashes.  If you have been the victim of a car crash in Ohio, one of the first questions you may have is how to hold the at-fault driver accountable and get the compensation you deserve. You may also be wondering: do I need to hire a car accident lawyer to get compensation?  We want to explain how to get money from a car accident without a lawyer and to give you more information about how an Ohio car accident attorney can help you recover more than if you pursued a claim by yourself. [Watch the Video] Filing a Car Accident Claim and Providing Evidence After being involved in a car crash in Ohio, you need to file a car insurance claim. If you want to submit your claim without legal representation, make sure you do the following: Report the accident to your own insurance company within a specific period after the accident to be eligible for compensation. Only provide facts to the insurance company.  Do not give them information about your opinion or any other subjective details. If you do, the insurance company could use your statements against you. Provide evidence of the other driver’s fault. This includes taking pictures at the scene of the crash, gathering witness statements, and getting a copy of your Ohio car accident report. If you do not get full compensation through an insurance claim, you may need to file a personal injury lawsuit against the at-fault driver.  Hiring an Ohio Car Accident Lawyer Can Increase Your Compensation While it may seem appealing to handle your claim on your own, it is essential to know that working with a Dayton lawyer can improve your chances of getting compensation and can increase the amount of compensation that you get.  Hiring an Ohio personal injury attorney can almost double your chances of getting compensation and may be able to increase your payout by thousands of dollars. A car accident lawyer can use his or her experience to help with the following: Negotiating with the insurance company to get a reasonable settlement; Handling conversations with the insurance adjuster; Framing evidence to support your case, and working with accident reconstruction experts to prove that the other driver is responsible; Negotiating with the at-fault driver’s lawyer to get a reasonable settlement; and Advocating for your right to compensation if your case goes to trial. Get Help from a Dayton Car Crash Lawyer While you do have options to seek compensation on your own, a Dayton, Ohio car accident lawyer will improve your chances of getting the money you deserve. Contact Gounaris Abboud for more information.

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A criminal record can have a detrimental impact on both your present circumstances and your future opportunities. Any past charges and convictions listed on your criminal record have the potential to damage your social relationships and limit your employment and educational opportunities. Fortunately, as of October 29, 2018, Ohio is expanding its expungement laws under ORC § 2953.32. An expungement serves as a legal pardon that seals away specific charges and convictions from your criminal record. While the record still exists, you can legally claim the sealed offense never occurred. Your criminal history won’t even show up on background checks unless you’re applying for a government position or a caregiving role. According to ORC § 2953.32, you may be able to permanently expunge certain nonviolent and nonsexual misdemeanors and/or felonies. Per the new law, you may be able to: Expunge up to five fourth and fifth-degree felonies Expunge unlimited misdemeanors However, the following exceptions may limit your expungement options: Your convictions can’t be violent or sexually-oriented felonies Your misdemeanor offenses can’t be violence-related You can’t have any first, second, or third-degree felonies This is very exciting news for people with criminal records and criminal defense attorneys! Anyone with prior convictions related to theft and drugs can now have a second chance at life without being haunted by the deeds of their past. However, if your record isn’t eligible under the new law, you can still benefit from older expungement laws. It’s important to discuss your case with a seasoned criminal defense attorney to learn which options best benefit your circumstances. Schedule a Consultation At Gounaris Abboud, LPA, we are thrilled for the many opportunities this new law provides our fellow Ohioans. If you have any questions about ORC § 2953.32, your eligibility, or the expungement process, contact our Dayton criminal defense attorneys today. Call Gounaris Abboud, LPA at 937-222-1515 to schedule a consultation.

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We are excited to announce that our founding partner, Attorney Nicholas G. Gounaris, has been selected to the 2019 Super Lawyers® list in the state of Ohio. Super Lawyers® is a reputable third-party attorney rating organization. Inclusion in the Super Lawyers® list is very limited, and only about 5% of attorneys in each state are chosen. About the Super Lawyers® Selection Process The Super Lawyers® organization uses a rigorous selection process to identify the most successful and respected attorneys in particular legal fields. The process involves 4 steps. Candidates are not allowed to campaign or solicit nominations. The 4-step process for selection in the Super Lawyers® list involves: Nomination Independent research Peer evaluation Final selection Candidates may be nominated by peers, third-party feedback, managing partner surveys, or members of the Super Lawyers® research team. Once nominated, candidates will be evaluated on 12 factors. These include verdicts and settlements, bar and professional activity, years of experience, position within the law firm, honors and awards, education and employment background, representative clients, pro bono and community work, transactions, scholarly lectures and writings, special certifications and licenses, and other outstanding achievements. Only attorneys who display the highest level of professional excellence, client satisfaction, successful case results, and high ethical standards will be considered for the next step in the process – peer evaluation. During this phase, Blue Ribbon Panel members will evaluate the candidates in their primary practice areas. Once the peer-review process is complete, those with the highest number of points will be selected for the final list. Our founder has been recognized by the Super Lawyers® organization for his extensive experience, unwavering commitment to high ethical standards, and success in the courtroom. He is an aggressive and compassionate attorney who fights for the best interests of his clients. We are proud of his accomplishments and are honored to work alongside such as respected and successful attorney. Gounaris & Abboud, LPA provides efficient representation to clients facing personal injury, criminal law, and family law cases. Whatever your situation, our Dayton criminal defense attorneys will discuss your options and guide you through the process. To discuss your case with our attorneys, or to request a free consultation, contact our firm today or call us at 937-222-1515.

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2019 super lawyers list

Gouaris Abboud, LPA is proud to announce the selection of founding partner Tony Abboud to the 2019 Super Lawyers® in Ohio list. Each year, lawyers nominate their peers for this prestigious recognition; the final published list represents no more than 5% of the lawyers in the state. Candidates must then pass a rigorous selection process of evaluations based on indicators such as professional achievement in order to be included. About Super Lawyers Super Lawyers, a Thomson Reuters company, is a rating service of outstanding lawyers from over 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Top attorneys are selected using a patented multiphase selection process that combines peer nominations and evaluations with independent research. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on SuperLawyers.com. About Tony Abboud Antony “Tony” Abboud is a partner and one of the founders of Gounaris Abboud, LPA. Mr. Abboud earned a Bachelor’s Degree in Criminal Justice Studies with a minor in Political Science from the University of Dayton. He completed his Juris Doctor from the University Of Dayton School Of Law and went on to pursue a successful law career as one of the Miami Valley’s premier and criminal defense attorneys before joining our firm. Mr. Abboud has been voted to the Super Lawyers® Rising Stars℠ list consecutively from 2011 to 2014 and has been selected to Super Lawyers® from 2015 to 2019. In 2012, Mr. Abboud was given a 10.0 “Superb” rating by Avvo, which is an attorney rating website recognized around the nation. The National Association Trial Lawyers also named Mr. Abboud to the list of the Top 100 Trial Lawyers. Contact Gouaris Abboud, LPA Today Do you need high-quality representation in a criminal defense or family law matter? At Gouaris Abboud, LPA, our Dayton lawyers have over 50 years of collective experience and can provide you with the individualized representation you deserve, whether you have been arrested for drinking and driving or you have a child custody issue to iron out. We can work hard for you to obtain the best outcome possible and to minimize the stress of navigating the legal system. Call 937-222-1515 or contact us online to schedule a free case evaluation. We are available 24 hours a day, 7 days a week.

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