Lakewood, OH asked in Domestic Violence for Ohio

Q: So my husband was arrested for DV they put a TPO on him how is this possible when there is no proof of physical abuse

There is no physical anything we literally just raise our voices and was yelling my daughter did lose a friend earlier this year to domestic violence case so I believe that she's been a little overly scared and nervous when we have argued but I don't understand how they can put a TPO on him when there's literally even pictures showing that there was no physical harm to me or my kids actually the only one who had harm was him Gary my husband for my son throwing something my 5 year old and since he's been arrested he spent 12 days there when they arrest him the first time cuz they wouldn't let him call me and they would he had nobody else's phone numbers they never told anybody about a bond they refuse to give me any information

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1 Lawyer Answer
Todd B. Kotler
Todd B. Kotler
  • Canton, OH
  • Licensed in Ohio

A: These cases are very fact specific. Generally, the police may arrest when they have probable cause of a crime. There are two potential DV charges one for assault (knowingly causing physical harm) and the other for menacing (knowingly causing a person to fear serious physical harm- typically through either a direct threat of force or a combination of words and actions). Thus proof of physical abuse is not neccessary if any of these other components are present. Your husband needs to hire a criminal defense attorney up in Lakewood ASAP.

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