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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence, Libel & Slander, Criminal Law and Family Law for Ohio on
Q: In ohio, As a victim of a Aggravated menacing. What do I need to bring and expect in court?
Andrew Popp
Andrew Popp answered on Apr 7, 2021

This depends on what is happening in Court. Is the hearing an arraignment, pretrial, evidentiary hearing, deposition, trial? You can always contact the victim's advocate at the courthouse and they can go through general information with you.

Best of luck.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Can I be forced to testify in domestic violence case?

I'm the victim (ohio) in the case. I asked to press charges but I no longer want to participate in the trial. The pre trial is next month. Can I refuse to testify in the state of ohio?

Cathy Cook Esq
Cathy Cook Esq answered on Mar 15, 2021

You need to obtain advice from a criminal defense attorney. If you gave a statement to the police alleging domestic violence and now refute that claim, you could be charged with a crime yourself.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: I would like advice before going to child support court. My son's father was jailed for domestic violence on me

Will I need to be prepared to be questioned about this in court?

Cathy Cook Esq
Cathy Cook Esq answered on Feb 25, 2021

The domestic violence case is not relevant unless the father lost his job due to being jailed. If so, then you need to let the court know this was from an assault on you, the mother, and he needs to continue to support his children.

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: The father of my daughters child has held him from her & us for over a month.

They are not married to each other but he is married to another woman. He has withheld their son from my daughter & us for a month now for revenge. My daughter has offered to appear for mediation with him but he won't answer. His wife has threatened my daughter with violence, has attacked... Read more »

Matthew Williams
Matthew Williams answered on Feb 11, 2021

Anyone can certainly file a police report, and there may be an interference with custody criminal offense here but there probably is not kidnapping since that is against the wishes of the person, not their parents. Who has legal custody of this child?

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Hi, I'm the victim in a domestic violence case. My question is if i'm asked to testify or if i'm subpoenaed too do I hav

do I legally have too ? my mental state is not the best and i do not think i would be able to face all of that ? also how often do these cases go to trial ? the person is charged 2919.25A DOMESTIC VIOLENCE- KNOWINGLY CAUSE PHYSICAL HARM (M1)

Amended Charge And 2903.13A ASSAULT (M1)

Dimitrios Makridis
Dimitrios Makridis answered on Dec 18, 2020

Realistically, if you do not want to testify, you (or your lawyer) needs to tell the prosecutor. If you are forced to take the stand to testify, you can always plead the 5th.

1 Answer | Asked in Domestic Violence for Ohio on
Q: I recently filed for domestic violence in Ohio but no longer want to go through with the charges.

I recently filed for domestic violence but no longer want to go through with the charges. If I just don’t show up in court what will happen? Will the case get dismissed ? Or should I call the prosecutor and tell them I lied ? What is my best option for dropping this case

David A. Ingram
David A. Ingram answered on Oct 31, 2020

Contact the prosecutor and victim advocate (if one is assigned) and let them know that you no longer want to proceed forward with the case and want the case dismissed. If you don't show up to court, the court can find you in contempt and issue a warrant for your arrest. If you contact the... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: Should I avoid going to court or say I lied?

I recently filed for a domestic violence charge against my fiancé . It was in the heat of the moment what should I do to get the charges dropped .? If I don’t show up in court will they drop the charges? Or should I say I lied? Or tell them I’m mentally insane and don’t know what I’m... Read more »

David A. Ingram
David A. Ingram answered on Oct 31, 2020

There is no easy for your situation. First, I hope everyone remains safe. Notify the prosecutor, the victim advocate, and defense attorney that you no longer want to proceed forward with the case and want it dismissed. The court can issue a warrant for your arrest if you fail to show up in court.... Read more »

1 Answer | Asked in Domestic Violence and Family Law for Ohio on
Q: Can csb use a domestic violence against me when I wasn’t actually charged with one

Me an the mother of my children were arguing an sometimes we hit things never eachother an never around the kids an we were never actually charged with domestic violence can csb still use it against use if all there was was a police report?

Joseph Jaap
Joseph Jaap answered on Sep 14, 2020

Yes, they can consider that, especially if police were called and a report of the incident was made indicating angry behavior. They could consider that sort of physical anger could endanger a child.

1 Answer | Asked in Domestic Violence for Ohio on
Q: So, even though there is an existing protection order against my ex boyfriend, I still need to file for an eviction?

The home is my home that I own and have lived in alone for 15 years. My ex boyfriend lived with me for 2019 and a few months into 2020. By 2020 we were no longer involved with one another, but he wouldn’t leave my house. He became more abusive and erratic, up all hours of the night never... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 8, 2020

If there is a valid protection order to stay away, you don't need an eviction. But if you want to get any of his things out of the house, and he doesn't arrange for someone to pick them up, then you need an eviction to be able to get them out.

1 Answer | Asked in Domestic Violence for Ohio on
Q: What am I legally allowed to do with my ex boyfriends belongings that are still in my home? There is a protection order

I had a boyfriend living with me for months. No rental agreement contract, he did not give rent money nor was asked to. He began mentally & physically abusing me in the fall of 2019. In Dec. 2019, I could not take any more, so I called the cops after he punched me multiple times in my face... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 3, 2020

Use the Find a Lawyer tab to retain a local real estate attorney to review the situation and advise you. The attorney could make arrangements with your ex to collect his things. Or the attorney can file an eviction action. After the court grants the eviction, you could then move all his things... Read more »

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: If I am subpoenaed to court, but the other party is currently incarcerated, do I still have to go?

It’s a domestic violence case, and I am the victim. I am scheduled to appear in court tomorrow.

Joseph Jaap
Joseph Jaap answered on Sep 1, 2020

If you don't go, the judge will dismiss it.

1 Answer | Asked in Domestic Violence, Divorce, Family Law and Child Custody for Ohio on
Q: I have a hearing tomorrow regarding the restraining order on my ex. She has my other ex, her husband and their attorney

I have a hearing tomorrow regarding the restraining order on my ex.

She has my other ex, her husband and their attorney as witness.

We have a pending case for custody.

Can they be used as witnesses in the restraining order which is a different case and different person... Read more »

Matthew Williams
Matthew Williams answered on Aug 31, 2020

Witnesses generally need to have personal knowledge of something relevant or else their testimony is going to be very brief. I suspect they disagree agree with your assessment that they lack personal knowledge of the events.

1 Answer | Asked in Criminal Law, Domestic Violence and Family Law for Ohio on
Q: How should I handle fighting this charge from a fake domestic violence claim?

My ex girlfriend was supposed to drop my son off. She called when she parked on my street and I told her I'd be out to get him. She came inside while I got pants and shoes. My son was asleep. I tried to put him in bed, but he woke up. I got him food and let him eat in my room. While I did... Read more »

Matthew Williams
Matthew Williams answered on Jul 24, 2020

If you've been charged with a crime out of this, you need to hire an attorney. Unfortunately, unfounded allegations like this can cause you a ton of trouble.

1 Answer | Asked in Domestic Violence for Ohio on
Q: Can someone else besides the victim file domestic violence charges against me
Matthew Williams
Matthew Williams answered on Jul 17, 2020

The notion that a citizen “files” charges is inaccurate. Citizens report what they want to the police. Police investigate. Prosecutor decides whether or not to file charges. Anyone’s report could lead to a prosecution. Many domestic violence cases are reported by friends, family, or neighbors.

2 Answers | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence charge and I wanna drop it

I have been accused of a domestic violence charge for no reason and I need help

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 10, 2020

Can you provide a little more information about your situation?

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My child father has been charged with felony 3 domestic violence charge and I was the victim

I don’t want to press charges anymore. What should I do to help?

Matthew Williams
Matthew Williams answered on Jun 30, 2020

You can tell the prosecutor, but they’re likely to push forward with the case anyway. The best thing you can do is to help him find an attorney.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: If you get a warrant can another state see your warrant?
Hunter G. Cavell
Hunter G. Cavell answered on Jun 29, 2020

Many states will share information like this. So, I hate to say it, but it depends. The real question is will the state where the warrant was issued want to pay to extradite? That will depend on the alleged crime committed.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Does an arrest warrant have an expiration date if it was a case for domestic violence and assault?
Matthew Williams
Matthew Williams answered on Jun 29, 2020

Arrest warrants do not expire.

1 Answer | Asked in Domestic Violence for Ohio on
Q: I have never seen a case have 2 seperate docket entries where the lawyer filed 4 the discovery
Matthew Williams
Matthew Williams answered on Jun 27, 2020

What exactly is your question? We can’t tell you much with the information you’ve provided.

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