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Ohio Domestic Violence Questions & Answers
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.

2 Answers | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My fiance has been charged with a domestic violence felony 3 against me and also a probabtion violation. How can i help

I dont want to be a witness against him and he needs mental health treatment not jail so how can i help him get the charges dropped or dismissed?

Dimitrios Makridis
Dimitrios Makridis answered on Jun 25, 2020

Once you ring the bell it cannot be unrung, so whatever you told law enforcement cannot be taken back. If you recant you are opening yourself up to potential perjury / falsification charges. You need to hire a lawyer to represent you. He or she will be able to speak with the prosecutor on your... Read more »

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1 Answer | Asked in Child Custody, Criminal Law, Domestic Violence and Family Law for Ohio on
Q: My 16yr old niece runs away because of abuse. No one helps. Can i get emergency temp custody?

I'm her only other living blood kin. Hey fathers sister. She lives with mothers sister, has since she was 8, an both parents passed within 3 months of each other. She's claiming other aunt is abusive and continues to run away. Cops told me ill be arrested for helping her. What can i do?

Joseph Jaap
Joseph Jaap answered on Jun 25, 2020

Contact local children's services, which can investigate the situation, and determine what to do about custody.

1 Answer | Asked in Domestic Violence and Juvenile Law for Ohio on
Q: What are possible consequences for a teen with their first charge and it be a domestic violence charge?

No one was really injured other than I was bit and she got a scratch.

Matthew Williams
Matthew Williams answered on May 20, 2020

A standard DV is an M1, up to 180 days, a record, cannot be sealed. If there was serious injury or a pregnancy, the level and penalties are enhanced. It’s a serious charge. The defendant should get a lawyer ASAP.

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: Is there a way I can legally get emancipated at 16 or 17 due to my situation?

Hello, my grandma is my legal guardian and she is becoming emotionally and physically abusive. I am 16 and have a job and my license also a car and have good grades.

Joseph Jaap
Joseph Jaap answered on May 11, 2020

Ohio does not have emancipation for your situation. See this link:

https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/family-relations/circumstances-say-whether-minors-are-emancipated/

Talk to another family member, teacher, school counselor, or other...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Ohio on
Q: can i gain guardianship of my sister who lost her memory from a coma induced by her abusive husband? i have evidence.

my sister ended up in the hospital 1/31/2020 at the hand of her abusive husband. she was in a coma and on a ventilator for over two weeks. she woke up, does not remember the past 20 yrs. She's been married 20 years. husband has been emotionally, psychologically, and financially abusive for... Read more »

Joseph Jaap
Joseph Jaap answered on May 5, 2020

The probate court determines whether a person requires a guardian based on all the facts, medical condition, mental competence, etc. A person can have a guardian to make personal and health decisions, and a guardian to make financial decisions. That can be the same person, or two different... Read more »

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: im 12 and my brother is 16 i have video evidence of him hitting me he just started choking me could i send him to jail
Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

No, you can't send him to jail. Talk to your parents.

1 Answer | Asked in Criminal Law, Civil Rights and Domestic Violence for Ohio on
Q: In Ohio, can someone arrested for domestic violence but convicted of disorderly conduct 4 misdemeanor own a gun?

I was arrested for domestic violence but convicted of disorderly conduct 4 misdemeanor with a violating temporary protection order in 2012. Are my firearm rights gone?

Matthew Williams
Matthew Williams answered on Apr 16, 2020

You can own a firearm. You may have difficulty obtains a concealed carry license.

1 Answer | Asked in Domestic Violence for Ohio on
Q: How long can a person with a long criminal record with some violent charges get for domestic violence?

Question is victim viewpoint in ohio. There is photo and recording evidence of ongoing abuse as well as an undocumented miscarriage caused by the abuser. Abuse has been oning for 12 years. Police were involved over 10 years ago with two cases but were dropped because he stopped the victim from... Read more »

Matthew Williams
Matthew Williams answered on Apr 11, 2020

It really depends on the nature of the charge(s) that can be brought. A standard DV is an M1 carrying up to 6 months. But it’s an escalating offense which means multiple offenses can raise the level. Also, if serious injury is caused, or the woman is pregnant, the level goes up.

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