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Ohio Domestic Violence Questions & Answers
0 Answers | Asked in Domestic Violence for Ohio on
Q: I am a victim of a GSI and I have text proof of defendant admitting to it. Do you think they will take it to trial?

The defendant admitted in text message saying it was 100% his fault. I also have text message proof of his wife saying he admitted everything 100% and he said he didn't know what came over him. He has a pretrial and trial in August. I really hope it doesn't go to trial. Do you think any... 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.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Can I be rearrested after a preliminary hearing in ohio? Judge released me on my own recognizance after bail was set.

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 »

Matthew Williams
Matthew Williams 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.

1 Answer | Asked in Domestic Violence for Ohio on
Q: How can l find a pro bundle lawyer for a domestic violence case
Matthew Williams
Matthew Williams answered on Dec 10, 2021

If you cannot afford an attorney, you can ask the court to appoint one. Happens all the time.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: My drunk mom was yelling at me to get out of our house where we live together.

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 »

Matthew Williams
Matthew Williams 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.

1 Answer | Asked in Domestic Violence for Ohio on
Q: A couple months ago I called the police and gave a statement that my boyfriend hit me(Pictures were taken)

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?

Matthew Williams
Matthew Williams 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.

1 Answer | Asked in Divorce and Domestic Violence for Ohio on
Q: Can I, and how do I go about, scheduling a Deposition and calling on a Witness to participate— without an attorney?

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.

Andrew Popp
Andrew Popp 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...
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1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Ohio on
Q: Hello Justia. Can I become a naturalized US citizen in the future despite having a misdeamenor for domestic battery.

I was charged with domestic battery in July 2020 which I pleaded guilty to. I was given a 1 year probation. What are my chances of becoming a US citizen in the Future. Thanks

Matthew Williams
Matthew Williams answered on Jul 18, 2021

Without professional help, very little. You need to talk to a lawyer.

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