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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Ohio on
Q: if I have been subpeoned on a domestic as a witness.do I have to testify against my husband
Matthew Williams
Matthew Williams
answered on Jan 31, 2023

If you are properly served with a subpoena you must come to court and testify. Marital and spousal privileges protect communications, not actions.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Do I have to appear at a pre-trial for a subpoena I got in the mail?

I'm a victim in a domestic violence case but want the case dropped. I was not served the subpoena but got it in the mail. I've heard from other people that I do not have to appear but I do not want to be in contempt.

Nicholas P. Weiss
Nicholas P. Weiss
answered on Jan 27, 2023

Getting it in the mail is service of the Subpoena. You should appear.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I'm victim in DV case. Got subpoena in mail. Do I have to appear at pre-trial? Ohio

I want charges dropped. Subpoena was mailed not served. Do I have to appear at the pre-trial?

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 22, 2023

Yes if you were subpoenaed. Some judges work on DV’s at pre trial.

2 Answers | Asked in Domestic Violence for Ohio on
Q: domestic case where i lied about being a whitness.why are they still trying to charge me if defendant dropped case

I was a part of a domestic case where I stated to police that I witnessed said act happen. I did not and later told cops I lied. Defendant dropped domestic case but they still trying to charge me with criminal charges for filing a false report. Can they still charge me even tho case has been... Read more »

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jan 18, 2023

Yes. Obstruction of Official Business is what I assume you’re charged with. At the time you committed the crime, the case was not resolved. Your statement was part of what the police relied on as evidence of DV. By lying to the police, you obstructed their investigation. Therefore your charge... Read more »

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I was arrested for domestic violence and was charged with disorderly conduct. Will this keep me from purchasing a gun?
Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Dec 17, 2022

As long as you weren’t found guilty of domestic violence, you’re good. It has to be a misdemeanor of violation to prevent purchase. If you’re steaming about her charges, I’d hold off on buying a gun.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: What if your patinoner does not show up for court on a DV cpo?

No I'm the respondent miamisburg ohio

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Dec 14, 2022

Who signed the CPO?

1 Answer | Asked in Domestic Violence and Landlord - Tenant for Ohio on
Q: Can my abusive boyfriend evict me due to breaking up. He has harrassed me and followed me into the bathroom
Joseph Jaap
Joseph Jaap
answered on Nov 28, 2022

If you do not have a written lease, then he can evict you. An eviction is a permanent public court record that can make it difficult to rent from a landlord who checks the records, and most do. So avoid having an eviction filed.

1 Answer | Asked in Domestic Violence for Ohio on
Q: When a victim is given a no contact order in a simple assault case, how long does that last
Matthew Williams
Matthew Williams
answered on Oct 31, 2022

Criminal no contact orders last at least until the case is resolved either through plea, trial, or dismissal, and may continue during any period of probation.

1 Answer | Asked in Domestic Violence for Ohio on
Q: I made false domestic violence allegations against my husband. What will happen if I tell them I lied. I live in Ohio.

This will be my first offense. I have nothing else at all on my record. Not even speeding tickets.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Oct 23, 2022

It depends on the judge and prosecutor in your court. Some prosecutors will throw the case out, judge permitting, while others will make you go to trial if need be. You are not in trouble.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Why does a domestic violence show up on my federal criminal background check when i was dismissed of the charge in Ohio

My record was also sealed my lawyer had done. Could it not been sent to federal government database? Theres nothing of me in the system my lawyer had clerk of courts run me an theres nothing in the system of me in ohio

Matthew Williams
Matthew Williams
answered on Sep 26, 2022

Some employers are exempt from the record sealing laws and can see a sealed record. Adult records are never truly destroyed. The basic rule of thumb is that any employer who will put the physical safety of living human beings in your hands is exempt: hospitals, schools, law enforcement, day and... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: My ex filed a domestic protection order against me but admitted at the hearing there has never been abuse or threats?

We had our court hearing yesterday and the judge asked explicitly if I have ever threatened her with violence or hit her an she said no multiples times. Will the case be dismissed. We are supposed to get a letter in the mail.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Aug 18, 2022

Most likely as no harm no foul.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Is it a crime to defend yourself against someone with a broken leg or arm if they attack you?

If a person with a broken leg or arm is possibly still a threat and tries to harm me but I defend myself is that considered self-defense or assault?

Matthew Williams
Matthew Williams
answered on Aug 10, 2022

You are permitted to use proportionate force to defend yourself. It all comes down to reasonableness. Is it reasonable to shoot a person for slapping you in the face? No. That's not self-defense. Does it matter if your attacker has an injury like you say? Yes, to some extent that will inform... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: What is considered domestic violence? Is a neighbor across the street who babysits the kids for you considered domestic?

My brother in laws wife died last year. He started drinking for the whole year. He tried to drive and his babysitter/ female friend tried to take the keys and they wrestled on the ground for them and they charged him with domestic violence. She lives across the street. They are not dating. She... Read more »

Matthew Williams
Matthew Williams
answered on Aug 7, 2022

For it to be DV instead of assault, they will have to prove she is a family or household member. Sounds like they won’t be able to do so, which means they will likely amend the charge to assault once they figure that out.

1 Answer | Asked in Personal Injury, Civil Litigation, Civil Rights and Domestic Violence for Ohio on
Q: I am looking for a lawyer who will prosecute up to 3 union county deputies.

I apologize if this goes to Akron its fighting me to send this to Marysville.

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 24, 2022

Call the UnionCounty prosecutors office.

1 Answer | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: My nephew was arrested for domestic violence and child endangering. Can someone defend him and get his kids back ?

The kids Mother's has abandoned them several times. She has other children she lost custody of very unstable. Children services has returned them to her currently,

Roger  Bouchard
PREMIUM
Roger Bouchard
answered on Jul 8, 2022

If your nephew isn't married to the mother, he must have signed the birth certificate or had an DNA test to establish paternity in order to have standing for a custody issue. Children Services is already involved, and has returned the children to mom. As mother, she is the rightful custodian... 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.

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