If a person with a broken leg or arm is possibly still a threat and tries to harm me but I defend myself is that considered self-defense or assault?
answered on Aug 10, 2022
You are permitted to use proportionate force to defend yourself. It all comes down to reasonableness. Is it reasonable to shoot a person for slapping you in the face? No. That's not self-defense. Does it matter if your attacker has an injury like you say? Yes, to some extent that will inform... Read more »
My brother in laws wife died last year. He started drinking for the whole year. He tried to drive and his babysitter/ female friend tried to take the keys and they wrestled on the ground for them and they charged him with domestic violence. She lives across the street. They are not dating. She... Read more »
answered on Aug 7, 2022
For it to be DV instead of assault, they will have to prove she is a family or household member. Sounds like they won’t be able to do so, which means they will likely amend the charge to assault once they figure that out.
I apologize if this goes to Akron its fighting me to send this to Marysville.
The kids Mother's has abandoned them several times. She has other children she lost custody of very unstable. Children services has returned them to her currently,
answered on Jul 8, 2022
If your nephew isn't married to the mother, he must have signed the birth certificate or had an DNA test to establish paternity in order to have standing for a custody issue. Children Services is already involved, and has returned the children to mom. As mother, she is the rightful custodian... Read more »
I and my sons have been living here since October of 2021. The landlord and lease holder refused to out us in a lease. I had the lease holder arrested for domestic violence against me. After which the landlord wrote me note saying I could stay. Two days later, after speaking with my abuser, lease... Read more »
answered on May 15, 2022
He will have to evict you, if you’ve been living there but he can as you have no lease. If the defendant in your DV case put him up to this, the defendant has almost certainly violated the terms of a court no contact order which generally includes not doing anything to mess with the victim’s... Read more »
It's been over 30 days.. is there a way to expedite this divorce?
answered on Apr 22, 2022
Divorce hearings are set generally once the clerk receives proof of service. The opposing party has 28 days to file an answer and can file a counterclaim and/or other motions. When parties are not seeing any hearing date and it has been a reasonable time for the clerk to process the proof of... Read more »
answered on Mar 28, 2022
If you are subpoenaed, you must appear to testify. If you do not, a material witness warrant can be issued and you can be arrested and brought before the court to testify.
We were never married
answered on Mar 21, 2022
Pursuant to Ohio Revised Code 3109.042 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. Another party would... Read more »
My mother and step dad have been going into her room and smashing her things she is 19 but she is mentally disabled no one in the family is well off enough to take her would she be allowed to record her room to be able to see what he does to her things when she's gone as proof of vandalism?
answered on Feb 10, 2022
There is no law against putting in a camera. But parents could remove it. Any mental or physical abuse should be reported. A family member could apply to become her legal guardian and then apply for available benefits to find her another living arrangement.
answered on Jan 24, 2022
The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... Read more »
Better I never intended for any of this we've been married for a long time and he takes care of our family I need to get him out of jail out of trouble and back to work
answered on Jan 18, 2022
In Ohio, whether or not the State proceeds with DV charges is up to the prosecutor. It is not up to the victim. Your husband should consult with a criminal defense attorney.
I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... Read more »
answered on Jan 6, 2022
If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... Read more »
answered on Jan 5, 2022
You’re not. As the victim you have the right to say or not say whatever you want concerning sentence.
answered on Dec 31, 2021
There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's... Read more »
answered on Dec 21, 2021
You can let the prosecutor know and he or she may feel there is a conflict of interest depending upon the nature of the prior representation.
answered on Dec 10, 2021
If you cannot afford an attorney, you can ask the court to appoint one. Happens all the time.
I was arrested over the weekend for a M1 charge and a F3 charge in ohio. Went before the judge Monday. He set bail, but released me without me paying it. I have a preliminary for the F3, and a pre trial for the M1 on Thursday. I am going to court then no matter what, but I am not sure what to... Read more »
answered on Dec 10, 2021
As long as you keep showing up for court and stay out of trouble, it is extremely unlikely you will be rearrested or have any changes made to your bond. You really ought to get an attorney to help you with this. An F3 is no joke.
She then was blocking me from getting a hoodie out of my room so I tried to move her out of the way. She was so inebriated that she tripped and fell and hit her forehead on the door jamb and got a black eye. My wife called the police on her because it was not safe to have our one year old son... Read more »
answered on Nov 11, 2021
Prosecutors are loath to drop domestic violence cases simply because the victim’s story changes. That happens all the time. It sound like there may be at least one somewhat independent witness in your wife. You should work with a lawyer to present your defense.
But I am wanting the charges to be dropped, what are the chances of that happening and how can I go about it without getting myself into trouble?
answered on Oct 5, 2021
All you can really do at this point is tell the prosecutor you are not interested in pursuing charges. They may drop it. They may not. It may take a very long time.
I can no longer afford legal representation at the current time. I had to let my attorney go last week. Having a Deposition ASAP is in my best interest. Without counsel, I could use guidance on where to begin and how to best proceed.
answered on Aug 30, 2021
The Ohio Rules of Civil Procedure are the place to begin. See the link below:
https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf
Depending on where you are, I would check to see if there are any local rules which pertain to the manner in which... Read more »
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