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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Civil Litigation, Civil Rights and Personal Injury for Ohio on
Q: Can police be held accountable after an ex-boyfriend destroys my house they made me leave?

I recently called the police on my ex-boyfriend because he threatened to beat me, as he has done to his exes. The police came but said they couldn't do anything, and one of us needed to leave for the night. Since he was from another state, had few friends, and was intoxicated, they made me... View More

James L. Arrasmith
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answered on Apr 16, 2025

Police officers have wide discretion and broad “qualified immunity,” so suing them for choosing to make you leave rarely succeeds. Still, you can file an internal‑affairs or civilian‑review‑board complaint and send a copy to the chief and the mayor, pointing out that you were the sole... View More

3 Answers | Asked in Child Custody, Family Law and Domestic Violence for Ohio on
Q: Can I file for emergency custody in Ohio for my son? No court orders, concerning behavior due to father's actions.

I have an autistic 9-year-old who visits his dad every weekend, and we don't have any court orders. Recently, my son started touching himself, which raised my concerns. He told me he saw his dad doing the same and was instructed not to tell therapists or doctors about it or about seeing a... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 14, 2025

If you are going to successfully file for an ER custody order you need to show that Father is presenting an existential risk to your child. Merely stating that the behavior is deteriorating or disturbing may not be enough. You should be able to tell the court why it should Order a change without... View More

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: how to beat a domestic violence case with charges M1 dv and F2 felonious assault when you were just defending yourself a
James L. Arrasmith
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answered on Apr 12, 2025

In a case like yours, where you're facing charges for domestic violence and felonious assault, your defense strategy may rely on proving that you were acting in self-defense. Ohio law allows for self-defense if you reasonably believe you are in imminent danger of harm and that the force you... View More

1 Answer | Asked in Civil Rights, Domestic Violence and Family Law for Ohio on
Q: What can I do if my ex hired a PI to follow me on my private property in Ohio?

I found out that my ex has hired a private investigator to follow me after I moved out, and he has shared clips with me that were taken on my private property. There is a standard restraining order in place for behavior/financial restraint, but nothing specific for safety/proximity. His text... View More

James L. Arrasmith
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answered on Apr 13, 2025

If your ex has hired a private investigator to follow you and gather footage on your private property, this is a serious invasion of your privacy. In Ohio, it is illegal for someone to trespass on private property or to use surveillance in a way that violates your reasonable expectation of privacy.... View More

1 Answer | Asked in Child Custody, Civil Litigation, Civil Rights, Domestic Violence and Family Law for Ohio on
Q: How to file a complaint against magistrate in custody case with bias, improper service, and additional personal safety concerns?

I need guidance on filing a complaint against the magistrate in my child custody case. The magistrate and I share the same last name, leading to potential bias concerns. I received improper service; the only notice I got was a witness list five days before court. Without legal representation or... View More

James L. Arrasmith
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answered on Apr 8, 2025

First, you’ll want to file a formal complaint with the judicial conduct board or commission in your state. Focus on the potential conflict of interest due to the shared last name, the improper service of notice, and the way the magistrate allowed your ex full control over visitation. Include... View More

2 Answers | Asked in Child Custody, Divorce, Family Law and Domestic Violence for Ohio on
Q: How can I present my custody situation in court after my separated husband prevented me from picking up our son?

I have been separated from my husband for about three years, and we have no legal custody agreements. We agreed that our son, who is almost four years old, would spend the holidays with his father, and I would pick him up in the first week of January. When I tried to pick him up, my husband... View More

Todd B. Kotler
Todd B. Kotler
answered on Apr 2, 2025

It sounds like you really need to hire a domestic relations attorney i the city where your husband filed for divorce. While you have a right to represent yourself, I do not recommend it. This forum is for answering general questions. No attorney can teach you within a single answer each rule of... View More

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1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: Menacing by Stalking a minor child and her family for months

My family and I have been stalked by a 47yr old man who is after our 16yr old daughter, this has been going on now since October of 2024, our first Civil Stalking Protection Order was dismissed due to me not showing enough evidence of emotional distress. This man has gone extreme lengths to get to... View More

James L. Arrasmith
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answered on Feb 9, 2025

This situation is deeply concerning, and your family’s safety must be the top priority. If this man is continuing to stalk and harass your daughter, you should immediately report every incident to law enforcement. Keep a detailed record of his actions, including dates, times, locations, and any... View More

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: Menacing by Stalking a minor child and her family for months

My family and I have been stalked by a 47yr old man who is after our 16yr old daughter, this has been going on now since October of 2024, our first Civil Stalking Protection Order was dismissed due to me not showing enough evidence of emotional distress. This man has gone extreme lengths to get to... View More

James L. Arrasmith
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answered on Feb 9, 2025

This situation is deeply concerning, and your family’s safety must be the top priority. If this man is continuing to stalk and harass your daughter, you should immediately report every incident to law enforcement. Keep a detailed record of his actions, including dates, times, locations, and any... View More

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: By law in ohio if someone dies and has a protection order against the spouse. Who is legal next of kin. The abuser?

J

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 21, 2025

Absent any other estate planning, a spouse will usually be entitled to manage the estate of their deceased spouse. Another person could apply to take over the estate if they believe there is malfeasance.

1 Answer | Asked in Criminal Law, Constitutional Law and Domestic Violence for Ohio on
Q: Was I falsely imprisoned for a week

Was arrested July 4th 5:00 p.m. supposed domestic violence held until Monday 3:00 p.m. when I was told no charges were ever filed

James L. Arrasmith
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answered on Jul 21, 2024

It sounds like you experienced a troubling situation. Being arrested on July 4th for supposed domestic violence and then held until Monday without any charges being filed raises serious questions. Generally, if no charges are filed, holding you for that long could potentially be considered false... View More

1 Answer | Asked in Child Custody, Domestic Violence, Family Law and Juvenile Law for Ohio on
Q: How to formally inform child welfare court that both parents moved states?

Married parents are pro se defendants regarding a child welfare case that moved states because the barrier to obtain secure and maintain stable housing. This was due to the tort harassment events by government agencies, community servicing organizations, and the courts that assign hopeful people to... View More

John Michael Frick
John Michael Frick
answered on May 1, 2024

You should file a Notice of Change of Address with the court giving the court your new physical address, mailing address (if different), telephone number, and email address.

1 Answer | Asked in Domestic Violence for Ohio on
Q: If the Petitioner reaches out and talks to the Respondent on the phone, can the Petitioner get in trouble?

Is it souly on the Rspondent to advoid these calls or can both be charged and arrested ?

Todd B. Kotler
Todd B. Kotler
answered on Mar 31, 2024

Protection orders restrain the respondent, rather than the petitioner. I agree with my colleague, while the petitioner will not get in any kind of legal trouble, it will undermine their ability to maintain the order or in the event that it's only a temporary order and there's an upcoming... View More

1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
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answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: If my biological aunt continuously assaults me and threatens me, can I get a restraining order, in Ohio?

I am a minor at 15 years old(female) my aunt has continuously hit me, smacked me, and grabbed me roughly throughout my whole life. Today it got really bad and she almost choked me out and she had thrown me to the ground a few times. I am very skinny and weak and I can't do much when it comes... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 14, 2024

The answer depends on whether or not you reside with this aunt. If so, you may wish to speak with the child protective the service agency in your county. If not, you need to have a discussion with your parents, if they will not take action you may which to file an incident report with the police.

1 Answer | Asked in Domestic Violence for Ohio on
Q: My boyfriend dropped all the charges. We had a little fight and I scratched him so they charged me with domestic violenc

I was just wondering why the state of Ohio is charging me and what are they gonna

T. Augustus Claus
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answered on Jan 12, 2024

In Ohio, domestic violence charges are typically brought by the state, not the victim. Once charges are filed, the state may proceed with the case even if the victim wishes to drop charges. Prosecutors may consider various factors, including the severity of the incident and the potential danger... View More

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: Is CPS allowed to give my name to the family they're investigating?

I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?

Todd B. Kotler
Todd B. Kotler
answered on Jan 3, 2024

If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: My boyfriends domestic violence charge was dismissed at defendants cost. Can they reopen it?

My boyfriend was charged with DV he was arrested and tpo was issued. This was with my son who is 25. My boyfriend got out on bond I read his court papers and clearly they lied to get a tpo it said my boyfriend came after my son and my son defended himself. Which that isn't even what my son... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 17, 2023

If a charge is not dismissed "with prejudice" it can be raised again as long as it is within the statute of limitations.

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: Thanks Todd and I agree with you which is what I did months ago through equality Ohio and was told three weeks ago by a

Cincinnati lawyer that I would need to wait to file due to him being incarcerated and basically me not being in any imminent danger to her opinion and was supposed to send her infirmary and haven’t heard from her since. I am a therapist current experiencing CHanges mentally myself just trying.... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 17, 2023

Your facts will not give you a definitive answer, because the decision is in the discretion of the court. If you have already sought the opinion of an attorney that knows your court then you already have a good answer. This forum is a poor substitute for hiring a lawyer (especially this author).

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: Should one wait until the offender is released from prison before filing a protection order or should they be proactive

And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?

Todd B. Kotler
Todd B. Kotler
answered on Dec 11, 2023

You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: What happens if you live in Ohio and a protection order is in place but the abuser took the kids and moved to KY.

In KY the abuser took out a protection order on the one in Ohio. What is you can't make it to KY for court. No ride.

Todd B. Kotler
Todd B. Kotler
answered on Dec 6, 2023

Did the Ohio protection order include the kids? If that is the case you may be able to make out a complaint for kidnapping. If the protection Order is against you in both jurisdictions you still need to appear in KY if there is a pending hearing. Get in touch with a KY lawyer in that case. You... View More

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