Domestic Violence

What is domestic violence in Ohio?

• A domestic violence charge can be one of three things in Ohio
  1. A person knowingly causes or attempts to cause physical harm to a family or household member.
  2. A person recklessly causes serious physical harm to a family or household member.
  3. A person knowingly threatens a family or household member to believe that the person will cause imminent physical harm.

What are the levels of charges for domestic violence in Ohio? (Refer to the above section)

• Generally, if you violate number 1 or 2, it’s a 1st degree misdemeanor.
• Generally, if you violate number 3, it’s a 4th degree misdemeanor.

Can these charges be enhanced to more serious charges?

• Yes
  • What happens if someone has one previous domestic violence conviction?
    • If the person has previously been convicted of domestic violence, numbers 1 and 2 become 4th degree felonies.
      • If the person knew that the victim was pregnant, then there will be a mandatory prison term of at least 6 months.
      • If the person caused serious physical harm to the pregnant woman’s unborn or caused the termination of the pregnancy, there will be a mandatory prison term of at least 12 months.
    • If the person has previously been convicted of domestic violence, number 3 becomes a 2nd degree misdemeanor.
  • What happens is someone has two or more previous domestic violence convictions?
    • If the person has 2 or more domestic violence convictions, numbers 1 and 2 become a 3rd degree felony.
      • If the person knew that the victim was pregnant, then there will be a mandatory prison term of at least 6 months.
      • If the person caused serious physical harm to the pregnant woman’s unborn or caused the termination of the pregnancy, there will be a mandatory prison term of at least 12 months.
    • If the person has 2 or more domestic violence convictions, number 3 becomes a 1st degree felony
  • What happens if the person has no prior domestic violence convictions, but knows that the victim was pregnant?
    • Numbers 1 and 2 become 5th degree felonies.
      • There will be a mandatory prison term of at least 6 months.
  • Number 3 becomes a 3rd degree misdemeanor.

Who is a household member as it relates to Domestic Violence in Ohio?

• Any of the following people who lives with or has lived with the accused:
  • A spouse, former spouse, or someone living as a spouse.
    • Someone living as a spouse is someone who is cohabitating or has cohabitated in the past five years.
  • A parent, foster parent, child of the accused, or a person related to the offender.
  • A parent, child, or relative of a spouse / person living as a spouse / former spouse.
  • The natural parent of any child that the accused is the other natural parent.

Can domestic violence convictions be expunged / sealed from my record in Ohio?

• No. This is an offense of violence and cannot be sealed in Ohio.
• It’s important that you avoid a Domestic Violence conviction. An attorney can work with the prosecutor to avoid a conviction that can’t be sealed. You do not want a domestic violence conviction hanging around on your record.

Will I lose my firearms rights if I’m convicted of domestic violence in Ohio?

• Yes and no.
  • In Ohio, a misdemeanor domestic violence conviction does not put you under a weapon disability. Therefore, if you already have a firearm, it’s not illegal to carry a firearm under Ohio law.
  • However, you are disqualified from having a firearm under federal law. Therefore, you would not be able to purchase a firearm after your conviction. In addition, you could be charged federally if you are caught with a firearm.
  • A felony domestic violence conviction will prevent you from owning a firearm in Ohio.

Does the new Bipartisan Safer Communities Act allow me to get my gun rights back if I have a domestic violence conviction?

• It’s possible. A small amount of people with Domestic Violence convictions may qualify to have their gun rights restored after five years if they have had no further violent offense.
• Contact us and we can help determine if you may fall into this exception.

I have a warrant for domestic violence in Ohio. What do I do next?

• Almost all courts in Ohio will issue a warrant for someone charged with domestic violence.
• Therefore, you will need to consult with an attorney to figure out the best way to remove the warrant.
• There are generally three ways to remove domestic violence warrants in Ohio.
  • Turn yourself in or get picked up by the police.
    • If this happens, you will have a bond hearing within 2 business days. If you have little or no record, you will likely get a recognizance bond or a small cash bond.
    • This will require you to spend at least one night in jail.
  • Arrange to turn yourself in at arraignment court.
    • Your attorney can try to schedule a court date to turn yourself in. Most courts have arraignments scheduled several times a week. Your attorney would get confirmation with the court to appear at one of these arraignment dates.
      • It’s important to note that you will still have a warrant until you go to this hearing. Therefore, you can still be stopped and arrested by the police in the meantime.
      • In addition, even after the court gives you a bond, they still may take you into custody to process you. You could end up spending several hours in custody, depending on what city you are in.
  • Schedule a warrant set aside hearing
    • This is mostly done in Columbus, Ohio
    • Your attorney will contact the prosecutor and set up a hearing with the judge. Depending on how busy the court is, this could take anywhere from 1 to 4 weeks.
    • The victim will need to appear at this hearing.
    • If the judge decides to remove the warrant, then you will not get taken to jail. Your attorney will file a not guilty plea and the case will be set for future court hearings.
    • The judge could also grant you a bond but order that you be taken into custody for processing. In Columbus, this process can take several hours.
    • As long as you can post your bond, this set aside hearing will prevent you from spending a night in jail.

Someone I know was arrested for Domestic Violence. What do I do?

• You will want to contact an attorney as soon as possible. The attorney can figure out when their court date is scheduled. If there is no court date yet, the attorney can contact the court and have one set.
• The attorney will appear with the person at their court date and get them a bond so they can get out of jail.

What can I expect if I’m charged with domestic violence in Ohio?

• Most courts take these cases very seriously. It depends on the circumstances of your particular case. It’s very common to get extended probation for a first offense. If the injuries to the victim are particularly bad, it’s not uncommon to be looking at jail time.
• Some courts in Ohio offer diversion programs for first time domestic violence offenders. This usually requires multiple anger management sessions. Depending on the court, these programs can end with a dismissal or a reduction to a charge like disorderly conduct.
• You need to contact an attorney to assess the strengths and weaknesses of your case.