According to the CDC, there were 24,576 homicides in the United States in 2020. Broadly, homicide is defined as the deliberate and unlawful killing of another person. There are many ways people commit murder using objects clearly defined as weapons, everyday objects, or no weapon at all. However, there are three categories of commonly used weapons for homicides: firearms, knives, and body parts, including fists or feet. As you will see, firearms come out on top of the list of most common weapons used for homicides in our country. Murder by Numbers In the United States, as one might imagine, firearms are the leading cause of homicides. Firearms are a vast category encompassing many different types of guns. There are several different types of firearms most often used in homicides. The FBI researched to determine homicides by weapon type within the United States. The data was based on 13,922 out of 16,425 total homicides in the U.S. in 2019. The main focus of the study was to determine which firearms were most frequently used. However, the study did also compare those murder rates to non-firearm homicides. The data revealed that non-firearm weapons made up for about a quarter of all murders in the U.S. This includes knives and bodily weapons such as hands, fists, and feet.  Most Common Murder Weapon Of the leading causes of murders in the U.S., the FBI report unsurprisingly concludes that firearms are at the very top of the list. Out of the 13,922 homicides analyzed, 10,258 were committed using a firearm.  The study dove deeper and further broke that down by firearm type, classifying them into four categories: handguns, rifles, shotguns, and unknown types. While the news and media often spotlight “assault-style rifles,” that is not the most common murder weapon. Handguns were the type of weapon found to be the leading cause of murders. The FBI data further revealed that handguns were used in 45.7% of homicides nationwide. The following is a simple breakdown of the percentage of each type of firearm used in nationwide homicides: Although assault-style rifles are generally the center of attention, it does make sense on a fundamental level why the most common weapons used for homicides are handguns. Handguns are easy to carry because they are lightweight, small, and easily concealable. It stands to reason that handguns would be the gun of choice for homicides, robberies, and gang violence. A pistol is ideal if the perpetrator needs to hide the weapon to avoid being caught. The more diminutive stature of a handgun makes it favorable over a long gun. The need for a small, concealable firearm is especially true in inner cities and heavily populated urban areas.  Ohio Statistics In 2019, there were 521 homicides in Ohio, and 178, or 34.2% of them, were committed using a handgun. During the same time period, 188 homicides were committed using a firearm, while only 26 used a knife or other cutting instrument, and only 25 used bodily weapons.  Knife Deaths in the U.S.  While it is clear the most common type of murder weapon in the United States is a firearm, knives seem to be the second most used weapon of choice. Knife deaths in the U.S. are a problem and occur at a relatively high rate. According to the FBI, knife deaths accounted for 1,476 homicides, or 10.6% of all homicides nationwide. As with handguns, knives are easily concealable and lightweight, making them a popular weapon.  Homicide Rates Are at a High In 2020, the murder rate rose drastically by close to 30%. It is reported that approximately 75% of these murders were committed with a firearm. This data may come as a surprise to some people. According to the CDC, 2020 had the highest homicide rate since 1995. Murder remains a problem in the United States, and it remains to be seen whether the best approach to curtailing increased homicide rates is on the state or federal level. We Can Help If you have been charged with a crime, up to and including homicide, you need an excellent attorney to help protect your rights. At Gounaris Abboud, LPA, we pride ourselves on offering our clients personal, one-on-one attention. We take each and every case very seriously. Our committed and compassionate lawyers have 50 years of combined experience and an excellent reputation to back up our claims of offering you the most aggressive defense possible. Call 937-222-1515 or contact us online today for a free case evaluation.

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Every state within the United States controls driving privileges by requiring anyone operating a motor vehicle to have a valid driver’s license. Further, drivers are required to abide by laws and restrictions when driving. Should a motor vehicle operator break the law one too many times, they may have their driving privileges revoked. This means they no longer have a valid driver’s license and cannot lawfully operate a car. Each state has its own particular requirements and penalties. If you were caught driving without a valid operator’s license in Ohio, there are a few different charges you could face depending on the specific circumstances. The penalties can range from minor fines to license suspension and even incarceration. Reach out to our experienced Ohio attorneys at Gounaris Abboud, LPA, to discuss your case and defense. Ohio Law In Ohio, no person is allowed to operate any motor vehicle on a public road or highway or any public or private property used by the public for purposes of vehicular travel or parking unless the person has a valid driver’s license.  Is it Illegal to Drive Without Your License on You? Even if you have a valid license, it is still against the law to drive without having your license in your possession. So you might be wondering, What happens if you get pulled over without your license on you? Drivers are required to have their license on them anytime they are operating a motor vehicle. If the police catch you driving without your license on you, but you have a valid driver’s license, this is still a violation of Ohio law.  Specifically, you may be issued a ticket for driving without proof of license in Ohio. If found guilty, you could face up to six months in jail and up to $1,000 in fines. Expired Drivers’ License If you are convicted of driving without a valid driver’s license in Ohio because your license is expired, you will be charged with a minor misdemeanor and face a fine of $150. No Operator’s License: Ohio Fine and Penalties We are often asked, What happens if you get caught driving without a license but with a permit in Ohio? A learner’s permit is not a driver’s license and does not allow operators to drive carte blanche. There are restrictions during the learning and provisional process that must be followed. Drivers with a temporary instruction permit under the age of 16 must have a parent, guardian, or licensed driving instructor in the passenger seat while driving. If the learner is 16 or older, they are bound by this restriction only between the hours of midnight and 6:00 a.m. Otherwise, they must be accompanied by a driver over the age of 21. In both scenarios, the supervising driver cannot be intoxicated. If you violate these provisions, it could result in an extended probationary period. Penalties It may not be the crime of the century, but driving without a license can result in significant consequences. Two of the most common penalties are fines and further license revocation or suspension. Can you go to jail for driving without a license in Ohio? Depending on the specific offense and your prior driving record, you can potentially face jail time for driving without a license. First Offense Generally, a first offense for driving without a license in Ohio will result in only fines and fees. You may also be sentenced to a community residential sanction, otherwise known as community service. If you are convicted of driving without a valid driver’s license and have never been licensed, your charge would be an unclassified misdemeanor. In addition to a fine of up to $1,000, you could be ordered to complete up to 500 community service hours. Second or Subsequent Offense If you are convicted for second or subsequent driving without a valid driver’s license offense, your charge would be a first-degree misdemeanor. The punishment now increases to up to six months in jail and up to $1,000 in fines. Three-Year Rule The court may impose a license suspension of up to one year if, within three years of the current offense: Under such circumstances, you’d be wise to consult an attorney. Help Is Here At Gounaris Abboud, LPA, we have more than 50 years of collective experience in criminal defense and motor vehicle violations. Driving without a license in Ohio can have serious consequences and even negatively impact your ability to earn a living. We understand things happen at all hours of the day, not just during business hours. At Gounaris Abboud, LPA, we are always available 24/7 to take your call. Contact us to schedule a free, no-obligation consultation with one of our premier attorneys.

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Ohio offers victims of sexually oriented offenses or stalking the ability to obtain a protection order that prevents the alleged offender from taking specific actions, such as: If you are facing a protection order in Dayton, Ohio, reach out to Gounaris Abboud, LPA as soon as possible.  Different Types of Protection Order in Dayton, Ohio A judge can grant a temporary protection order (TPO), which lasts for only a short period until the court can hold a hearing on a full order. The judge can grant a TPO following allegations: Violation of a TPO is a criminal offense.  A civil protection order issued under Ohio Revised Code Section 3113.31 applies only to domestic violence situations. That means the alleged act of violence must have occurred toward the accused’s household or family member. A civil protection order can remain in effect from six months to five years. If the alleged victim is not a family or household member, the victim can request a criminal protection order if the accused faces charges for any of the following criminal offenses: The criminal protection order can apply to the alleged victim, as well as their family members, if they are in danger. Stalking or Sexually Oriented Offense Protection Orders in Ohio Stalking or sexually oriented offense protection orders (SSOOPO) are different from customary protection orders in Ohio. To file for an SSOOPO against someone 18 or older, the alleged victim has to file their petition in the court of common pleas in the county they live in.  There is no cost to file the petition for an SSOOPO, get the order issued, or enforce the order. Additionally, law enforcement will serve the order free of charge. If the petitioner can show that the suspect engaged in conduct that would cause a reasonable person to believe that their health, welfare, or safety were at risk and that the suspect presents a continuing danger to them, the judge can order electronic monitoring. When someone files for an SSOOPO, the court will hold an ex parte hearing with the accuser and collect information about the circumstances. The judge will then decide whether to issue a temporary protection order until the full hearing occurs. The judge will schedule the full hearing within seven to ten days after the petition is filed. At the full hearing, both parties will have an opportunity to present their side of the case. After the hearing, the judge will decide whether to grant a final protection order, which can last up to five years. Civil Stalking Protection Order in Ohio A victim can apply for a civil stalking protection order in Ohio against anyone who has committed the crime of stalking or menacing by stalking. Menacing by stalking occurs when a person knowingly engages in a “pattern of conduct” that makes the victim believe the stalker will hurt them physically or causes them mental distress. Mental distress typically means any condition that would require counseling or therapy. Examples of stalking behavior include things like: To constitute a “pattern of conduct,” the alleged victim needs to demonstrate at least two actions or incidents of concern by the suspect. Ohio Sexually Oriented Protection Order . A sexually oriented offense occurs when someone commits or attempts to commit: An arrest is not required for a sexually oriented offense protection order. Instead, the petitioner must show that the suspect committed one of the sexually oriented offenses listed above. Violating a Protection Order Violating a protection order is considered a misdemeanor of the first degree in Ohio. A first-degree misdemeanor in Ohio carries a maximum penalty of up to six months in jail and a fine of up to $1,000. If the named party violates a protection order while committing a felony, the violation is a felony in the third degree. A third-degree felony in Ohio carries a maximum penalty of sixty months in prison and a fine of up to $10,000. Should I Hire an Attorney for a Protection Order in Ohio? When the court grants a protection order, they will do so after hearing evidence from both parties to the order. During the hearing, you can dispute the petitioner’s allegations against you and offer your own statement. Having an attorney to represent you during the hearing can prove a valuable benefit to your case.  Protection orders often arise in high-stress, complicated situations and can impact your life in many negative ways. Gounaris Abboud, LPA, can provide the information you need to navigate this process and fight a protection order in Ohio. Contact our office today to discuss your case.

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  • September 21, 2022
  • OVI

According to the National Highway Traffic Safety Administration (NHTSA), the United States saw 11,654 fatalities in alcohol-involved car accidents in 2020. In fact, the number of fatalities in alcohol-involved crashes increased by 14.3% from 2019 to 2020. In Ohio, approximately 36% of all traffic fatalities occurred in alcohol-involved accidents. If you are facing charges for operating a vehicle impaired (OVI) in Dayton, contact an OVI attorney at Gounaris Abboud, LPA today. We offer all of our clients the one-on-one attention they deserve. Our attorneys take the time to listen to your needs and address all your concerns about your case. A Dayton OVI lawyer can help you navigate your criminal proceedings and advocate on your behalf. Contact the team at Gounaris Abboud to start your free initial consultation. What Is OVI in Dayton?  Ohio law prohibits motorists from operating a vehicle while under the influence of alcohol, drugs, or any combination of the two. Ohio refers to this violation as OVI or DUI. For drivers age 21 or older, the legal limit for your blood alcohol concentration (BAC) is .08%. If you are under 21, the legal limit is .02%. Ohio considers a first-time OVI conviction a first-degree misdemeanor. A first-degree misdemeanor carries a minimum 3-day jail sentence, a maximum sentence of 6 months in jail, a fine of up to $1,075, and mandatory attendance of a driver’s intervention program for three days. A second OVI conviction within ten years is still considered a first-degree misdemeanor. However, the mandatory jail time increases to ten days, and the maximum possible fine increases to $1,625.  The third OVI conviction carries the following potential penalties: Only OVI convictions received within the past ten years count to enhance your penalty. OVI Resources: Ohio Driver Intervention Program The Ohio Driver Intervention Program (DIP) offers individuals arrested for OVI an alternative to the mandatory three-day jail sentence, at the court’s discretion. The DIP includes small group discussions and traffic safety education on alcohol, drug abuse, and addiction. The educational curriculum offered by the DIP includes the following information: DIPs involve a two- or three-day process of education and screening. All DIPs are certified by the Ohio Department of Mental Health and Addiction Services, and they are usually held at hotels. Locations, dates, and hours of operation are available at most courthouses. A list of DIP locations in Ohio is available online. How Can an OVI Attorney Help My Case?  Hiring an attorney to defend yourself against OVI charges can make a significant difference in your case. We have decades of experience defending OVI cases and have picked up a lot of knowledge and experience along the way. You can rest assured that we will: Do not accept an unfavorable plea agreement before you have a chance to consult with an OVI lawyer. Otherwise, you might face stiffer penalties. Instead, consult with an experienced attorney at Gounaris Abboud, LPA for OVI help in Dayton. Contact Gounaris Abboud Today to Learn About More OVI Resources An OVI conviction can result in serious consequences. Of course, each case is different. However, in many situations, it will be beneficial to obtain an attorney to help you defend your case.  Collectively, our team has more than 30 years of experience in the courtroom. One of our managing partners, Nicolas G. Gounaris, is a seasoned attorney with experience as a prosecutor, magistrate, and acting judge—a background that gives him a unique outlook on defending criminal cases. Additionally, Mr. Gounaris received nominations from his peers to the Super Lawyers list for ten consecutive years, from 2012 through 2021. Further, Mr. Gounaris has been recognized by the National Academy of Criminal Defense Attorneys (NACDA) as a “Nationally Ranked Top 10” in 2014 and 2015 and was named a recipient of the “10 Best Client Satisfaction” Award for Criminal Law by the American Institute of Criminal Law Attorneys in 2014 and 2015. When it comes to fighting OVI charges in court, no case is too complex for our skilled defenders. From start to finish, the experienced and awarded Dayton DUI attorneys at Gounaris Abboud, LPA can help you preserve your liberties.

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Make Sure You Appear in Court If You Want to Avoid Additional Consequences Woody Allen allegedly said that 90% of life is just showing up. Judges in Ohio traffic courts require 100% attendance—showing up 9 out 10 times won’t cut it. You could be in a lot of trouble if you miss your speeding ticket court appearance. Missing your court date is never a good thing. Even in times of a global pandemic, you need to appear in court. Not only will you lose your ticket appeal, but the judge might also issue a warrant for your arrest, assess costs against you, and even suspend your license.  What should you do if you can’t make your court appearance for a speeding ticket or another moving infraction? The traffic defense lawyers with Gounaris Abboud can help you with your traffic ticket defense. They can go to traffic court with you—or for you—and protect your rights. Contact us online or call (937) 222-1515 today for a free consultation. Why It’s Imperative That You Go to Court You have the right to fight your speeding ticket or other traffic offense in court. These crimes are referred to as minor misdemeanors. You can pay the ticket—thereby admitting guilt—and avoid going to court.  However, there are consequences that stem from accumulating too many traffic tickets. For example, the state could suspend your driver’s license. Additionally, your insurance company could increase your coverage rates or drop you altogether. Moreover, if you have a commercial driver’s license, the state could revoke your ability to make a living by driving. Therefore, it makes sense to fight a traffic offense to protect your driving record as well as your way of life. You can go to court to contest the traffic violation allegations if you want. You must appear in court at the date and time the court assigns to you. You have the chance to plead not guilty and have a trial.  Keep in mind, that you have a legal obligation to appear in court if the police charge you with a felony or misdemeanor traffic crime. Traffic crimes carry the possibility of going to jail. You must appear at your arraignment date and trial date; otherwise, the court can take matters into its own hands. Consequences for Missing Court When Your Speeding Ticket Court Appearance Is Required Traffic courts are busy. They don’t have the luxury of wasting time processing your case and then putting the resources into it if you don’t show up. The time courts spend on your case is time spent away from someone else’s. Additionally, the prosecution has to call witnesses to come to court for your trial. This costs the state money. Consequently, magistrates and judges can punish you for not appearing. The court can enter a default finding on your docket if you don’t come to court. If you have minor misdemeanor traffic charges, then the judge will find you guilty and order you to pay the fine and associated fees. However, the court will issue a bench warrant for you if you have criminal offenses on your ticket. Having a bench warrant lodged against you means that you are subject to arrest when you’re in public. What are the implications of having a bench warrant out against you? Having a warrant is no way to live. The police can arrest you any time they encounter you. You might think you can avoid the police, but sometimes you don’t have a choice. If you are involved in a fender-bender, get stopped for a traffic offense, or have to call the police if you witness a crime, then you will be arrested. Police often “run” your information when they learn your name. They have to arrest you if the court issued a warrant for your apprehension. You will be brought to court after your arrest if the court is open at that time. If not, you might have to post bond if you are eligible. If you can’t post bond, then you could end up staying in jail until the next time court opens. Therefore, you could spend an entire weekend in jail awaiting your court appearance all because you didn’t go to court when you should have. Additional Consequences for Missing a Court Appearance for a Speeding Ticket Can you imagine your life if a police officer threw the cuffs on you and took you to jail because you missed a court appearance? How would you explain your arrest to your family? What would you say to your boss? You might be embarrassed, especially if you’ve never been in trouble before. Don’t let this happen to you.  How Can Gounaris Abboud Help? Gounaris Abboud’s defense attorneys can help you in a variety of ways. First, you can lean on our tremendous experience to help you out of a jam. As we’ve discussed, there are many reasons why you might want to fight a speeding ticket. Gounaris Abboud’s defense lawyers appear in traffic courts in Ohio regularly. We can appear on your behalf and may be able to get your ticket cleared up. If the court insists that you personally appear for your hearing, then Gounaris Abboud’s ticket defense lawyers can ask for another date if you can’t come to court for a valid reason. We can argue your case for you and give you the best possible chance to win your ticket appeal.  Contact Gounaris Abboud Today for Further Information About What Happens If You Fail to Appear in Court for a Traffic Ticket Call Gounaris Abboud today at (937) 222-1515 or send an online message to learn more about how we can protect your rights. We offer free consultations. Our award-winning traffic ticket defense lawyers have the experience and knowledge you need to win your traffic ticket case.

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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 third DUI 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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Parent and child relationship means the legal relationship that exists between a child and the child’s natural or adoptive parents and upon which those sections and any other provision of the Revised Code confer or impose rights, privileges, duties, and obligations. The “parent and child relationship” includes the mother and child relationship and the father and child relationship. How Does Someone Establish Paternity? In some cases, the court must decide parental rights. In other situations, the person is a child’s biological parent. With adoption, it would be a non-biological parent. The parent and child relationship is legal and imposes duties, obligations, rights, and privileges.  In Ohio, there are three primary ways to establish paternity.  Marriage The most common way to establish parental rights is through marriage. The law assumes paternity when a couple is married when the mother gives birth. Paternity will also be assumed when the child is born within 300 days after divorce or death. Parties have the right to dispute this at a support hearing, but resolving such a dispute would require genetic testing. If the mother is unmarried, the child has no legal father, and parentage must be established by one of the remaining two options.  Acknowledgment of Paternity Affidavit The affidavit of parenting time is a form that’s available at the hospital when the mother is in labor. You can also pick one up at the nearest Child Support Enforcement Agency (CSEA). Both parents must complete the affidavit form and have it notarized. Completing the acknowledgment of the paternity affidavit is a voluntary process for establishing the identity of the child’s biological parents. Mothers who have doubts about who the father is should not let someone sign the affidavit. It’s better to proceed with genetic testing first if any doubt exists.  Filling out the form requires a photo ID. Each parent must provide their full name, address, date of birth, and Social Security Number (if applicable). The father will also need to provide his birth state or country. Both parents must sign the form in front of a notary, but they don’t need to do it at the same time. For the affidavit form, free notary services are available at hospitals, CSEAs, or local registrars and health departments.  Genetic Testing The third method of establishing paternity is through genetic testing. This option usually happens when someone is contesting paternity, or the child’s parentage is in question. Parentage testing is done by swabbing skin cells inside the mouth of the child, mother, and potential father. For the court to confirm paternity, the test results must indicate a 99% chance of paternity. If the court or CSEA issues an order for paternity, the potential father could face legal troubles for not cooperating with the order.  When you establish parentage through genetic testing or the affidavit, results are sent to the Central Paternity Registry in Ohio. The Central Paternity Registry (CPR) is a federally-mandated program that requires each state to maintain a paternity registry for all children born to unmarried mothers.  Establishing Rights and Benefits  For many people, voluntarily establishing paternity is desirable. Parents typically want to have their name on the birth certificate, and they want to enjoy the legal rights and obligations of being a parent. Some of the benefits are as follows:  One of the most obvious benefits of establishing paternity is the opportunity for a child to bond with their father.  What Happens After You Determine Paternity? What happens once you determine paternity might vary depending on your circumstances. If both parents are in a committed relationship, there may not be a need to file anything with the court. For parents who are not together, it may be necessary to file for custody and child support. The court might issue an order that allocates custody and each parent’s rights and responsibilities. Each parent will have the opportunity to present evidence supporting what they believe to be in the child’s best interests.  The court will also request health insurance information and proof of income to determine a reasonable award for child support.  Do You Need to Hire a Family Law Attorney? While you are under no obligation to hire a lawyer for parentage matters, it’s definitely wise to do so. The legal team at Gounaris Abboud, LPA, has over 50 years of collective experience in family law matters. We understand how quickly things can turn sour in paternity cases. We can assist you if you are the mother requesting someone get genetic testing or if you are the father who needs help establishing parental rights.  Don’t jeopardize your potential rights by trying to handle a parentage case independently. Our family law attorneys stand ready to help. Contact our office at 937-222-1515 to schedule an initial consultation. 

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Once your divorce is finalized, you might assume it’s over, and you won’t have any further dealings with your ex-spouse. However, that is not always the case—especially if you have minor children and are co-parenting. Sometimes one party’s circumstances change, or someone is not abiding by the divorce terms and needs to be held accountable. In these situations, you may need to start the legal process of enforcing or modifying a court order. This process is known as filing a post-decree motion, which can be rather complicated. Hiring an experienced post-decree motions attorney is crucial if you want to ensure that you get the best result possible. Filing for a post-decree modification means going back to court to resolve something after the court has finalized the divorce. The attorneys at Gounaris Abboud, LPA, understand the frustration and stress associated with pursuing a post-decree modification. But don’t worry. We can help you fight to enforce or modify an existing court order. Examples of Post-Decree Modifications You might need a post-decree modification for many reasons. The three main topics that could require filing a post-decree motion are spousal support, child support, and custody agreements. A significant change might have happened since the divorce was final. For instance: These and other significant changes might occur after your divorce is final. If so, Gournaris Abboud, LPA, is here to help if you need to file a post-decree motion. Here is a more in-depth look at each of the common post-decree modifications. Spousal Support Spousal support can be a hotly-debated issue in a divorce, especially when the court orders one partner to pay support. If one spouse experiences a significant change in circumstances, the court may consider modifying the existing award. Usually, a significant change must be something like either party’s involuntary loss of their job. When the payor spouse (the one who pays) loses their job but has diligently paid previous spousal support, the court could change the payment amount or duration of payments. But be prepared for the court to scrutinize whether the situation is a valid hardship.   Child Custody Child custody is routinely discussed in post-decree modifications when it’s necessary to change visitation or the allocation of parental responsibilities. Courts do not take modifications to child custody lightly. Before the judge agrees to any changes in the current custody agreement, the parent asking for a change needs to show the following: Child custody modifications are some of the most complicated post-decree motions. It’s essential to hire an experienced post-decree matters attorney. Otherwise, you could jeopardize your chances of getting the modification you need.   Child Support Child support is something else you might need to address in a post-decree motion. The recipient parent might need to return to court to ask for additional funds because the child’s situation has changed. Perhaps your child needs emergency medical care, has been diagnosed with a severe illness or disease, or has unexpected new school-related costs. These scenarios can point to a significant change in circumstances that requires the court’s review to determine whether additional child support is necessary. It’s also common to address child support in a post-decree modification when something is changing with the custody arrangement. If the parent ordered to pay support now has taken on more parental responsibility and visitation time, they may not need to pay the same amount of support. How a Post-Decree Motion Works You will need to go back to court to enforce or modify a court order from your divorce. Your post-decree motions attorney will file the motion describing what you want and the facts that support your modification request. You will need to serve your ex and give them a chance to respond. Then, you will both go to court on a specified date to discuss the motion and issues in dispute.  Before the hearing date, both sides can conduct their own investigation and gather evidence. This is known as discovery. You might use written questions (interrogatories), oral depositions, requests for the production of documents, and more. The time to resolve post-decree motions varies. In specific scenarios, the resolution could be quick. If both parties can agree on a new arrangement, you may not need to go to court for the trial date. Your attorney will let the court know you’ve reached an agreement, and the judge will review that it’s fair and legal before signing off. Other modifications may require more time, such as reconsidering child custody arrangements. If your ex disputes the motion, you must go to trial, present your evidence, and let the court decide. During the hearing, your attorney will submit your evidence, and you will very likely need to testify. Contact Our Post-Decree Modification Attorneys If you are searching for a post-decree motions attorney, contact Gounaris Abboud, LPA. With more than 50 years of collective experience, we provide high-quality, dedicated legal assistance when you need it most. We understand that going back to court after a divorce can be daunting—but you don’t have to face it alone. Our skilled legal team will be there with you every step of the way. Contact our office today at 937-222-1515 to schedule an initial consultation. No matter what type of post-decree motion you need assistance with, Gounaris Abboud, LPA, can help.

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No person who is eighteen years of age or older shall engage in sexual conduct with another, who is not the spouse of the offender when the offender knows the other person is thirteen years of age or older but less than sixteen years of age or the offender is reckless in that regard. Under Ohio Revised Code Section 2907.04, if the offender is ten (10) years or more years older than the other person, unlawful sexual conduct with a minor is a felony of the third degree.     Age of Consent In Ohio, the age of consent is 16 years old. This means anyone over the age of 16 may have sexual intercourse with anyone else who is also at least 16 years old. It even goes so far as to allow a 16-year-old to engage in sexual intercourse with a 40-year-old as long as it is consensual and the older individual is not in a position of authority (e.g., the 16-year-old’s teacher or priest).  Any marriage involving a 16 or 17-year-old girl requires parental consent, but only judicial consent is required if the teenager is a boy. Further, child pornography laws always apply even with incestuous relationships. Even though there may be consent between a 16-year-old and a 30-year-old, the 30-year-old cannot film or photograph the 16-year-old in any state of nudity. Sex Crimes As with any sexual relationship or conduct between adults, it must be consensual. However, there are circumstances that involve individuals who do not have the capacity to provide consent. For instance, the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age, and the offender knows or has reasonable cause to believe that the other person’s ability to resist or consent is substantially impaired because of a mental or physical condition or because of advanced age. Sexual Battery When a parent or parental figure has sexual intercourse with their child, it is considered sexual battery, which is a third-degree felony in Ohio. A conviction carries a maximum prison sentence of five years, fines of up to $10,000, and sex offender registration. If the child is under 13, then the sexual battery charge becomes a second-degree felony. A conviction is punishable by up to eight years in prison, up to a $15,000 fine, and sex offender registration. Statutory Rape In Ohio, an individual who is 18 or older cannot engage in sexual conduct with a 13 to 16-year-old who is not their spouse. If you have been accused of an incest-related sex crime of any magnitude, contact Gounaris Abboud, LPA, to discuss your case and possible defenses. Ohio Criminal Defense Attorneys At Gounaris Abboud, LPA, our goal is always to provide the best possible outcome for our clients. We have over 50 years of combined experience, and we pride ourselves on providing excellent legal counsel to all who come to us for help. Our award-winning criminal defense attorneys will provide you with aggressive and reliable representation for your case from start to finish. If you have been accused of an incest crime, contact us today to get started on your defense.

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The explosion of social networking, online dating, and smartphone apps in recent years has brought along with it a new onslaught of sex crimes. While most interactions on social media are harmless banter between family, friends, and even strangers, some interactions have a darker side. If you have been accused of an online sex crime, you need to seek the immediate guidance of a skilled online sex crime lawyer.  Apps such as Tinder, OnlyFans, Bumble, and Plenty of Fish all have one thing in common: sex. The purpose of these apps might be to unite individuals looking for a relationship, to just have fun, or to simply promote sexy pictures. And most users go onto these platforms with good intentions. However, there will always be users who harbor nefarious intentions.  Unfortunately, even when your intentions are good, you may find yourself on the wrong side of an accusation.  If you have been accused of a sex crime that stemmed from social networking, you should seek the immediate assistance of an online sex crime attorney. Even a mere allegation can damage your reputation and wreak havoc on your life. At Gounaris Abboud, LPA, our experienced online sex crime lawyer can help you defend your name and freedom. Sex Crimes Online Sex crimes online are taken just as seriously as sex crimes that happen in the real world. Social networking makes it possible for individuals to do or say things they might not otherwise be inclined to do. It is also an arena that allows people to post pictures or videos of themselves with the intention of attracting a date or partner. The nature of these photos and forward actions can sometimes make it confusing for law enforcement to determine what is consensual and what is not. Misbehavior on one of these apps could lead to these common charges: A sex crime online can lead to significant, life-altering consequences. Often, what begins online evolves into a physical altercation.  Unlawful Sexual Contact With Minor What often begins as chatting online through social media or an app can lead to a physical meeting. Unlawful sexual contact with a minor is one such instance. Before meeting up with an individual you are chatting with over the internet, it is crucial to know the identity of this person and that it is, in fact, a consenting adult.  In Ohio, the mere showing of intent to have contact with an underage individual is a crime.  Pandering Obscenity Pandering obscenity is a cybercrime you can be charged with if you aren’t careful when engaging in online activity.  In Ohio, you can be charged with pandering obscenity if you are accused of creating, reproducing, publishing, buying, selling, advertising for sale, publicly distributing, or publicly displaying any obscene material. And if the material involves a minor, the charge is even more serious. A person can even be charged with this crime for merely possessing such material. Pandering obscenity involves knowing the nature of the pictures or performance depicted in the material. If an individual panders obscenity involving a minor, they may face very serious charges of possession and distribution of child pornography. This is why it is so crucial to understand the age of consent and be sure you are conversing and engaging with adults. Solicitation Importuning, otherwise known as a solicitation, is when an individual solicits illegal sexual materials over the internet. Solicitation can take many forms through chat rooms, messaging, and sharing files.  Sex Offender Registry A conviction for any of these sex crimes will most certainly result in mandatory sex offender registration. The degree and severity of the crime will determine how long the court may require you to remain on the sex offender registry. Any length of time on the sex offender registry can be extremely damaging to your reputation. It can prohibit you from finding and maintaining gainful employment or securing a mortgage. Don’t risk your reputation; hire a knowledgeable online sex crime attorney the minute you are accused of a crime.   How Do I Avoid Trouble with Social Networking? Unfornatutely, there is no advice or tip that can guarantee you are never charged with a sex crime from using social media or a dating app. However, you can take certain precautions to protect yourself from unwanted allegations. If all else fails, trust your gut. If it seems like the person might be a minor, it is better to err on the side of caution. Social Networking and Sex Crime Defense Attorneys At Gounaris Abboud, LPA, we have dedicated our career to helping individuals facing the toughest situations. You will always receive one-on-one attention from our attorneys. If you have been accused of a sex crime online, you need sharp representation. Some of our lawyers are former prosecutors. This experience provides them with unique insight and perspective into defending clients accused of a crime. Meet with us today to discuss a tailor-made defense for your case. We are here to take your call.

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