Warren, OH asked in Criminal Law, Domestic Violence and Family Law for Ohio

Q: In dv case is it beneficial for witnesses to give prosecutor more info to convict? Could judge order no contact w child

The perp has prior different felonies in other county. During the offense in question, the perp terrorized not only the victim, but her family, in their home (incl. his 20m.old and our 15yr old)trying to break in,5 hours. Police were unable to respond for that period of time but when they did he ran and they couldnt find him. We had to call police again when he returned a short time later. He was charged with domestic violence.He's manipulating victim now so she will help him. Should her mother (who's home was under siege by perp)give prosecutor more detailed info. to ensure he goes to prison, or will it matter. Also, per the 20month old child between the victim&perp (not married), we feel is not safe because the victim is allowing him time spent with child. Would the judge find this wrong and not in the best interest of child?

1 Lawyer Answer
R. Scott Patterson
R. Scott Patterson
Answered
  • Domestic Violence Lawyer
  • Zanesville, OH
  • Licensed in Ohio

A: You present several questions, the answers to several of which depend on the relationships between the players, which may include yourself. If he was criminally charged with domestic violence, there should have been a Temporary Protection Order put in place. The circumstances would dictate whether the 20 mo. old child was designated as a protected party. The Prosecuting Attorney should be provided as much information as possible. Again, not knowing the details of the circumstances, I cannot speak to the visitation issue you pose, but I would be concerned if he is still controlling the victim. Again, look to the terms of the TPO if there is one. If there is not I would ask why not.

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