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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My DV conviction was in 2015. In what year was the law changed to forever seein a DV conviction and does this affect me?

I actually had 2 F4 convictions but i got ILC for one.

Breezy M Warner
Breezy M Warner answered on Mar 25, 2020

It is unclear what you are asking here. Your DV convictions will appear on a background check. If you are asking about getting them off your record, or sealing your record. Ohio does not allow sealing of records that pertain to violence, so you would not qualify to seal your record.

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Ohio on
Q: What if the family of the defendant is intimidating the victim and the defendant doesn’t even know they are doing it?
Matthew Williams
Matthew Williams answered on Mar 5, 2020

They could be charged with intimidating a witness. It’s likely the defendant would get charged as well. Police and prosecutors will assume he is orchestrating this. Visits and calls should be documented to show that isn’t the case if it isn’t.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a warrant for DV misdemeanor 1 & misdemeanor 2 damaging/endangering. What should I do?
Matthew Williams
Matthew Williams answered on Feb 16, 2020

You should hire a lawyer and prepare yourself for a long schlog

1 Answer | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence case pending against someone and they have hired a lawyer as the accused ,does it get dropped
Anthony C. Satariano
Anthony C. Satariano answered on Feb 13, 2020

The short answer is no.

If by "case" you mean there are criminal charges pending against the accused, then it is not uncommon at all to hire a defense lawyer. Hiring a defense lawyer does not meant the charges will be dropped. The court likely has a victim advocate too that will consult...
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1 Answer | Asked in Domestic Violence and Family Law for Ohio on
Q: My nephew is 16 being abused, how can he become emancipated?

My niece an nephews were taken from their mother a few years ago and custody was given to the grandparents of the younger two, but they took all four children. They get beat for not doing homework, chores, etc. they have been in trouble for missing school because they missed their bus and then the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Ohio does not allow emancipation in his situation. Here is a link to more information: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

But if you want to do something to rescue him from that bad situation, you...
Read more »

2 Answers | Asked in Domestic Violence for Ohio on
Q: My boyfriend got charges with domestic violence and assault. The state picked it up. Will he got to jail? What can I do?
Joseph Jaap
Joseph Jaap answered on Jan 22, 2020

If you receive a subpoena to testify, then you go and testify. The court will then decide what happens to him. He should use the Find a Lawyer tab to get an attorney to represent him.

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1 Answer | Asked in Domestic Violence for Ohio on
Q: I was in abusive relationship a year ago, but never made any reports can I get a protection order against my ex?

I fear for my life and children’s lives because I know what he is capable of, I never reported him because he would always threaten me if I was to call cops so nothing is on file but he keeps talking bad about me and spreading rumors and trying to get people to add me on fb and trying to get... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 23, 2019

It is unlikely that you could get a protection order for things that happened a year ago. If you were never married, you are the sole custodian of the child, and you do not have to permit him to see your children. He would have to go to court to prove paternity and obtain parental rights, but you... Read more »

3 Answers | Asked in Criminal Law, Domestic Violence and Gov & Administrative Law for Ohio on
Q: What can be done if the written statement is that of the witness’s girlfriend instead of the witness?

The officer took a statement from my ex-husband, when I received the discovery I noticed the statement is filled out by what looks to be a female’s handwriting, but I know for a fact that it’s not my ex husbands hand writing. His name is at the beginning of the statement and he signed and dated... Read more »

William Jaksa
William Jaksa answered on Oct 22, 2019

Not knowing all the details, but as long as it's his words, his evidence, it doesn't matter if he wrote it or dictated it to someone. Often police officers will take the statement, write as they are speaking with the witness and then have the witness sign the statement.

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1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Im being charged for my daughter protecting herself against children coming to my house to assualt her. What should i do

I was put on probation ans assigned to classes. I have nothing to do with the case

Matthew Williams
Matthew Williams answered on Oct 9, 2019

It kinda sounds like it’s already over. So you should probably just do the classes and stay out of trouble until your probation ends.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: How many days can a person report dv charges after it happens two weeks ago
Matthew Williams
Matthew Williams answered on Sep 11, 2019

A standard misdemeanor has a statute of limitations of 2 years. So yep.

1 Answer | Asked in Elder Law, Landlord - Tenant and Domestic Violence for Ohio on
Q: what grounds are valid to evict my 31-year-old son from my residence? i.e. what do I put on court papers?

my son is living with me because he has a protection order for domestic violence from his wife so he cannot have contact with his wife. he started staying in my home three months ago. Since then I have been verbally and mentally abused by him and have had to call law enforcement for protection... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 10, 2019

You should get a protection order to get him out immediately. If he makes a verbal threat, or actual physical assault, that should be enough. Talk to the police. And then use the Find a Lawyer tab to retain a local real estate attorney to help you deal with the eviction to do it properly and to... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: Can a domestic violence charge be dropped if the victim didnt press charges?

We got in a heated argument and we kind of just wrestled around and i was so mad I called the cops I wasnt hurt just mad. Now hes charged with domestic violence. I didn't want all that to happen.

Matthew Williams
Matthew Williams answered on Aug 31, 2019

Prosecutors generally will not simply drop a DV because the victim doesn’t want to proceed. Too many real victims don’t want to. He should be working with an attorney and follow the attorney’s advice.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Charged with Felony 4 domestic August 2019. He had one in 1992 and 1996. Can they charge him for a felony 4?
Matthew Williams
Matthew Williams answered on Aug 11, 2019

Yes, they can. He ought to get an attorney.

1 Answer | Asked in Domestic Violence for Ohio on
Q: My ex an i got into it, i was the main aggressor but he ended up fracturing my jaw. Can he be charged with felony 4

Aggravated assault?

Matthew Williams
Matthew Williams answered on Aug 3, 2019

He could charged with a felonious assault, which is a felony 2. He needs to get a lawyer.

1 Answer | Asked in Divorce, Domestic Violence and Family Law for Ohio on
Q: Me an my wife are technically still married she has not let me see my child talk to or let me know if he is ok

Ia this legal...she supposely went an filed harassment charges on me but i have yet to get any paperwork.. It has been over 3 weeks since ive seen him an she also wont let me get any of my daughters cloths or childhood things that mean alot to her. She sold all of my mowers weedeaters mini bikes... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 24, 2019

Use the Find a Lawyer tab to retain a local family law attorney who can review the situation and advise you about filing for divorce and getting temporary orders so you can see your child.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: 1 dv charge husband plead not guilty but requested no court appointed lawyer can't afford his own ?

my husband and i got into an argument it was loud out of control the police was called to get order but the police took my husband because the way he was speaking and charged him with dv even when i stated he not a threat and i do not want to press charges now he has a tpo and a dv pending the... Read more »

Matthew Williams
Matthew Williams answered on Jun 10, 2019

He really ought to either hire an attorney or ask the court to appoint one.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: 1 dv charge husband plead not guilty but requested no court appointed lawyer can't afford his own ?

my husband and i got into an argument it was loud out of control the police was called to get order but the police took my husband because the way he was speaking and charged him with dv even when i stated he not a threat and i do not want to press charges now he has a tpo and a dv pending the... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 10, 2019

The police who responded could testify. It is up to the court to decide. If you have been issued a subpoena, if you don't appear to testify, you could be subject to arrest. He should retain an attorney.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: My sons dad smacked him in the back of the head after my son told him hes afraid of him. Should I report this to police?

The father doesn't have any court ordered visitation rights but my 12 year old son wanted to go visit with him so I allowed it. We met up at my sons counseling appointment and the counselor reported the incident to CPS. The father has a violent record and my son and I are afraid he may show up and... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 6, 2019

It's already been reported to CPS, but you can report it to the police along with the theft of son's property. If father makes threats, obtain a protection order.

1 Answer | Asked in Domestic Violence for Ohio on
Q: Can my daughter get a warrant for not showing up to court over her dad hitting her
Denise Rini Esq
Denise Rini Esq answered on Jun 4, 2019

The Court may issue a warrant. Depending on the severity, will be determinative if the Prosecutor pursues the charges. The Court does not like to separate families, nor create more adversity. My advice is to speak to the prosecutor.

1 Answer | Asked in Domestic Violence, Family Law, Child Custody and Juvenile Law for Ohio on
Q: How easy is it for my girlfriends parents to get a protection order against me from seeing my GF (we are both 17)?

My girlfriend and I are both 17 in the State of Ohio. Her parents do not like me for various reasons, and the only way my girlfriend and I can communicate is at public school, and various ways we find to text each other. Her parents threaten that if we don't stop seeing/talking to each other, that... Read more »

Denise Rini Esq
Denise Rini Esq answered on May 8, 2019

The threshold for a Protection Order is "imminent harm", and the Parents can file an Ex-Parte Order documenting the behavior. Regardless if the Ex-Parte is granted, a full hearing will be scheduled. The best recourse is to reflect as to why the parents disapprove of you....and perhaps adjust.

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