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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my abusive boyfriend evict me due to breaking up. He has harrassed me and followed me into the bathroom
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you do not have a written lease, then he can evict you. An eviction is a permanent public court record that can make it difficult to rent from a landlord who checks the records, and most do. So avoid having an eviction filed.

1 Answer | Asked in Domestic Violence for Ohio on
Q: When a victim is given a no contact order in a simple assault case, how long does that last
Matthew Williams
Matthew Williams
answered on Oct 31, 2022

Criminal no contact orders last at least until the case is resolved either through plea, trial, or dismissal, and may continue during any period of probation.

1 Answer | Asked in Domestic Violence for Ohio on
Q: I made false domestic violence allegations against my husband. What will happen if I tell them I lied. I live in Ohio.

This will be my first offense. I have nothing else at all on my record. Not even speeding tickets.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Oct 23, 2022

It depends on the judge and prosecutor in your court. Some prosecutors will throw the case out, judge permitting, while others will make you go to trial if need be. You are not in trouble.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: My ex filed a domestic protection order against me but admitted at the hearing there has never been abuse or threats?

We had our court hearing yesterday and the judge asked explicitly if I have ever threatened her with violence or hit her an she said no multiples times. Will the case be dismissed. We are supposed to get a letter in the mail.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Aug 18, 2022

Most likely as no harm no foul.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Is it a crime to defend yourself against someone with a broken leg or arm if they attack you?

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?

Matthew Williams
Matthew Williams
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 »

1 Answer | Asked in Domestic Violence for Ohio on
Q: What is considered domestic violence? Is a neighbor across the street who babysits the kids for you considered domestic?

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 »

Matthew Williams
Matthew Williams
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.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Domestic Violence for Ohio on
Q: I am looking for a lawyer who will prosecute up to 3 union county deputies.

I apologize if this goes to Akron its fighting me to send this to Marysville.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 24, 2022

Call the UnionCounty prosecutors office.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: My nephew was arrested for domestic violence and child endangering. Can someone defend him and get his kids back ?

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,

Roger  Bouchard
PREMIUM
Roger Bouchard
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 »

1 Answer | Asked in Real Estate Law, Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my landlord have me escorted off the property, if I'm not on the lease?

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 »

Matthew Williams
Matthew Williams
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 »

2 Answers | Asked in Divorce and Domestic Violence for Ohio on
Q: Filed for divorce on 3/17 and served summons to spouse in jail for domestic violence charges against me..

It's been over 30 days.. is there a way to expedite this divorce?

Raquel Ann Parish
Raquel Ann Parish
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 »

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1 Answer | Asked in Domestic Violence for Ohio on
Q: As a domestic violence victim do you have the right to not testify in court?
Matthew Williams
Matthew Williams
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.

1 Answer | Asked in Child Custody and Domestic Violence for Ohio on
Q: Will police help a mother get a child back from the father if the father is refusing?

We were never married

Raquel Ann Parish
Raquel Ann Parish
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 »

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: Would my sister be allowed to put a camera in her own bed room?

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?

Joseph Jaap
Joseph Jaap
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.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a dv felony 4 charge. I read that they have 270 days to bring me to trial. It's been almost 2 years. Can they do
Matthew Williams
Matthew Williams
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 »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My husband is in jail for dv he got arrested was out on bond and got arrested again I need advice on how to make this

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

Anthony C. Satariano
Anthony C. Satariano
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.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: When is it abandonment?

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 »

Joseph Jaap
Joseph Jaap
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 »

1 Answer | Asked in Domestic Violence for Ohio on
Q: Iam victim of dv case in ohio why am I required to go to court and push for a tough sentence
Matthew Williams
Matthew Williams
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.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: Is it legal for an arranged marriage in ohio
Nicholas P. Weiss
Nicholas P. Weiss
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 »

1 Answer | Asked in Domestic Violence for Ohio on
Q: Victim domestic violence case. My attacker hired a former attorney of mine is there anything I can do about that
Matthew Williams
Matthew Williams
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.

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