Lawyers, Answer Questions  & Get Points Log In
Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Criminal Law, Domestic Violence, Federal Crimes and Civil Rights for Ohio on
Q: purchasing a firearm and obtaining a CCW in ohio with a criminal record

I do not have any felonies.

I do have a Domestic violence charge from 6 years ago that was dismissed in court. I looked up the court docket recently to make sure it was dismissed.

I also got a menacing charge that was dropped down to a disorderly conduct charge. i’ve tried... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 25, 2024

Given your situation, it's essential to understand that firearm laws can vary by state and can be complex, especially concerning individuals with prior criminal records. In Ohio, domestic violence convictions can result in restrictions on firearm ownership, even if the charge was dismissed or... View More

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: If my biological aunt continuously assaults me and threatens me, can I get a restraining order, in Ohio?

I am a minor at 15 years old(female) my aunt has continuously hit me, smacked me, and grabbed me roughly throughout my whole life. Today it got really bad and she almost choked me out and she had thrown me to the ground a few times. I am very skinny and weak and I can't do much when it comes... View More

Todd B. Kotler
Todd B. Kotler
answered on Jan 14, 2024

The answer depends on whether or not you reside with this aunt. If so, you may wish to speak with the child protective the service agency in your county. If not, you need to have a discussion with your parents, if they will not take action you may which to file an incident report with the police.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: Is CPS allowed to give my name to the family they're investigating?

I spoke to a school official about my friend's safety at home. They made a report with CPS and CPS did a wellfare check. Somehow my friend's parents found out I instigated the report. Was my counselor or CPS allowed to share my name?

Todd B. Kotler
Todd B. Kotler
answered on Jan 3, 2024

If you ask for your name to be kept anonymous, it ought to have been. It doesn't seem clear from your question, however, how the parents you mention the actually stand out your name. They may have guessed it from the context. When you determine how you're information what's... View More

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: Should one wait until the offender is released from prison before filing a protection order or should they be proactive

And file now given that they have almost been in prison a year and the last incident outside of threats have been about a year and two months with witness available?

Todd B. Kotler
Todd B. Kotler
answered on Dec 11, 2023

You should file if you feel you can prove by a preponderance of the evidence that either the offender was a family or household member and caused you physical harm or caused you to fear severe physical harm, or created a pattern of activity that caused you to fear physical harm. You ought to... View More

1 Answer | Asked in Child Custody, Civil Rights, Domestic Violence and Criminal Law for Ohio on
Q: Do I have a case, when my rights was refused to be read to me?

I was rescent arrested do to my soon to be ex husband falsely told police I hit him. When he was the one who attacked me. He new the police on the screen. They didn't read me my rights and said it wasn't necessary. Refused my phone call. Then would let me reach out to my lgbtq advocated... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 19, 2023

In Ohio, as in the rest of the United States, the Miranda warning is a legal safeguard designed to protect an individual's Fifth Amendment rights against self-incrimination. If a law enforcement officer fails to provide a Miranda warning before a custodial interrogation, the primary legal... View More

2 Answers | Asked in Domestic Violence for Ohio on
Q: My son (15) victim of DV was subpeoned. Does he have to show up to court?

My son was subpeoned for a dv case with my former boyfriend. He does not want to testify. He exaggerated the story and has since admitted it, and that he did swing at my ex. There was a children service case on this matter that was dropped, but the school cop decided to still press charges. Can he... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 23, 2023

A subpoena is a court Order. Technically, failing to appear is punishable by contempt. He can get on the stand and not answer a question that may implicate him in a crime. Not showing is not an option if you care about following court Orders.

View More Answers

1 Answer | Asked in Domestic Violence for Ohio on
Q: So my husband was arrested for DV they put a TPO on him how is this possible when there is no proof of physical abuse

There is no physical anything we literally just raise our voices and was yelling my daughter did lose a friend earlier this year to domestic violence case so I believe that she's been a little overly scared and nervous when we have argued but I don't understand how they can put a TPO on... View More

Todd B. Kotler
Todd B. Kotler
answered on Oct 4, 2023

These cases are very fact specific. Generally, the police may arrest when they have probable cause of a crime. There are two potential DV charges one for assault (knowingly causing physical harm) and the other for menacing (knowingly causing a person to fear serious physical harm- typically... View More

1 Answer | Asked in Divorce, Domestic Violence and Legal Malpractice for Ohio on
Q: What if my divorce attorney failed to ask the court for a default divorce and instead dragged out the divorce 2 years?

I filed for divorce in October of 2020 and my husband didn't get an attorney nor file an answer until March 2021. My attorney charged me hourly and I just found out about defendants needing to respond in 28 days or there is a judgment by default. My husband was sent to prison for abusing me... View More

Todd B. Kotler
Todd B. Kotler
answered on Aug 25, 2023

Based upon your facts as stated, you may have an action against your former counsel. You have a one year statute of limitations to file. You should have your file reviewed by an attorney who specializes in malpractice. This forum is no substitute for hiring a lawyer.

1 Answer | Asked in Divorce, Domestic Violence and Elder Law for Ohio on
Q: How do I Revoke any type of POA; HIPAA; and all Financial; Medical; papers that have been filed in my husband's file in

regards to me which I have never seen but has been 'scooted' past me for control and manipulation factors. I was told I can get a Revocation for my file.....Thank you.

Todd B. Kotler
Todd B. Kotler
answered on Aug 7, 2023

Just make out new POA documents, which will revoke all prior ones. You really want to create new potential proxies in the event something happens to you anyway. You can also write a simple statement revoking a specific person's proxy status effective as of a particular date, then send it... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: If i get a no contact order in West Virginia and get pulled over in Ohio with that person will they know about the order
Todd B. Kotler
Todd B. Kotler
answered on Jun 13, 2023

The specific circumstances and details of your situation can affect the answer, so it's important to consult with a legal professional for personalized advice. However, I can provide you with some general information.

If you have a no-contact order in West Virginia, it typically means...
View More

1 Answer | Asked in Civil Litigation, Family Law and Domestic Violence for Ohio on
Q: Can an officer of the court lie to you, preventing you from information regarding your own case?

I called the county I was sure my soon to be ex filed for divorce in, but the lady was snarky and evasive, so I traveled to that county and she was extremely rude to me, then fake typed my info in, I literally watched her type nonsense the hit enter.

Todd B. Kotler
Todd B. Kotler
answered on May 24, 2023

From your question one cannot tell if the person with whom you disagree is actually an officer of the court. It looks like it might be a deputy clerk of courts, which is a little different. I recommend finding out from the clerk of court's website whether the information you are seeking is... View More

1 Answer | Asked in Domestic Violence and Libel & Slander for Ohio on
Q: Can someone keep getting protection orders against me and dropping them and getting them again and playing with my life

So there is this female that continues to get tpos on me but shows up to my house while tpos are in effect and then she will drop them in court and then threaten to file them again against me. She's doing this to play with my life

John Michael Frick
John Michael Frick
answered on Mar 17, 2023

In my opinion, this is a more passive but just as serious type of domestic violence. The same advice goes for you as for a victim of the more active and violent type of domestic violence.

Yes, they can and will keep doing this as long as you allow the relationship to continue....
View More

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... View 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... View More

View More Answers

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... View More

Matthew Williams
Matthew Williams
answered on Jan 18, 2023

Yes they can. Falsification is a separate crime completely apart from whatever else may or may not have happened. If anything the DV being dropped hurts you because it tends to suggest you did in fact lie. You should get an attorney.

View More Answers

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 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: My boyfriend dropped all the charges. We had a little fight and I scratched him so they charged me with domestic violenc

I was just wondering why the state of Ohio is charging me and what are they gonna

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 12, 2024

In Ohio, domestic violence charges are typically brought by the state, not the victim. Once charges are filed, the state may proceed with the case even if the victim wishes to drop charges. Prosecutors may consider various factors, including the severity of the incident and the potential danger... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: My boyfriends domestic violence charge was dismissed at defendants cost. Can they reopen it?

My boyfriend was charged with DV he was arrested and tpo was issued. This was with my son who is 25. My boyfriend got out on bond I read his court papers and clearly they lied to get a tpo it said my boyfriend came after my son and my son defended himself. Which that isn't even what my son... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 17, 2023

If a charge is not dismissed "with prejudice" it can be raised again as long as it is within the statute of limitations.

1 Answer | Asked in Family Law and Domestic Violence for Ohio on
Q: Thanks Todd and I agree with you which is what I did months ago through equality Ohio and was told three weeks ago by a

Cincinnati lawyer that I would need to wait to file due to him being incarcerated and basically me not being in any imminent danger to her opinion and was supposed to send her infirmary and haven’t heard from her since. I am a therapist current experiencing CHanges mentally myself just trying.... View More

Todd B. Kotler
Todd B. Kotler
answered on Dec 17, 2023

Your facts will not give you a definitive answer, because the decision is in the discretion of the court. If you have already sought the opinion of an attorney that knows your court then you already have a good answer. This forum is a poor substitute for hiring a lawyer (especially this author).

1 Answer | Asked in Domestic Violence for Ohio on
Q: What happens if you live in Ohio and a protection order is in place but the abuser took the kids and moved to KY.

In KY the abuser took out a protection order on the one in Ohio. What is you can't make it to KY for court. No ride.

Todd B. Kotler
Todd B. Kotler
answered on Dec 6, 2023

Did the Ohio protection order include the kids? If that is the case you may be able to make out a complaint for kidnapping. If the protection Order is against you in both jurisdictions you still need to appear in KY if there is a pending hearing. Get in touch with a KY lawyer in that case. You... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.