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Ohio Domestic Violence Questions & Answers

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 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 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 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 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 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 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.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on

Q: Where do I find someone who will help me from being wrongfully prosecuted.

Gary Kollin answered on Mar 31, 2019

I am unsure what you were asking. Perhaps, you should seek an attorney and retain one.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on

Q: who to contact about not being represented properly in my case

Matthew Williams answered on Mar 30, 2019

If you feel you’re not being represented properly, your best bet is to hire an attorney that you trust. You can talk to the lawyer representing you know, the judge, and the bar association but you probably won’t get the result you want.

1 Answer | Asked in Domestic Violence for Ohio on

Q: Can a Domestic Violence charge(Misdemeanor) be expunged from my record that occured in (2000)

Matthew Williams answered on Mar 14, 2019

An M1 Or felony DV cannot be sealed; the M4 “threats” kind, can.

2 Answers | Asked in Domestic Violence for Ohio on

Q: In ohio, can I be prosecuted for defending another person from physical abuse?

I walked in a person physically abusing their significant other who was unable to defend themselves from the attack so I stepped in to physically restrain the person and punches were thrown from both sides. The other got the worse of the exchange so I'm not sure if I can be prosecuted.

Joseph Jaap answered on Mar 6, 2019

The police will investigate all the circumstances and give them to the prosecutor to decide.

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2 Answers | Asked in Criminal Law, Traffic Tickets, Domestic Violence and Municipal Law for Ohio on

Q: What kind of charges and or jail time and fees is he looking at?

My boyfriend/father of my child was pulled over earlier by a state trooper here in Ohio. He is on probation until August of this year for Domestic violence and unlawful restraint. He got a ticket for no seatbelt and driving under suspension. He also does not have car insurance which they will find... Read more »

Matthew Williams answered on Mar 2, 2019

Well, eventually they will put him in prison. After all what’s there really to expect?

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1 Answer | Asked in Domestic Violence for Ohio on

Q: I have never convicted any crime , this is first offense I did , and this is section 2919.25 domestic violence

Matthew Williams answered on Feb 21, 2019

You should hire an attorney. A DV conviction (1) cannot be sealed or expunged, (2) carries up to 180 days in jail, and (3) means you can never possess a firearm.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on

Q: I filed charges on my ex for domestic violence. Him and his grandma went under oath and lied to the jury.

I have his statement that he gave the police, the letter he wrote his daughters while he was in jail, and I am working on getting a copy of the transcript from the court case all 3 show different statements. He was on probation in Lorain county at the time and had 5 years hanging over his head. He... Read more »

Matthew Williams answered on Feb 15, 2019

Pursuing a perjury investigation on your own is not likely to yield a good result. Your best bet at this point is probably to pursue a civil protection order for yourself and your children. Any violation of that order could be prosecuted as a separate crime.

1 Answer | Asked in Domestic Violence for Ohio on

Q: Do I have to go to court to drop a tpo?

Matthew Williams answered on Jan 4, 2019

Even if you go to court, they might not drop it. That's up to the judge. But, yes, you will have to appear.

1 Answer | Asked in Domestic Violence for Ohio on

Q: My DIL has 3 prier DV & is being charged with her 4th. The 1st in 2010 & 2 was in 2015. What might the jail time be ?

she also has criminal damage charges with the same person this DV is against will they look @ that also?

Matthew Williams answered on Jan 2, 2019

Without seeing exactly how it’s charged and knowing who the judge is, it’s impossible to predict sentence. But by the time you get to your 4th DV, it’s a sentence that often measured in years. She needs to hire an attorney ASAP.

1 Answer | Asked in Domestic Violence and Family Law for Ohio on

Q: Can a 14 year old get a lawyer to defend themselves for being accused of domestic violence against the parent?

Multiple issues in the household. The mother verbally abusive and has the elder son beat up on the 14yr old. But when the police are called his their word against his now they have come domestic violence charges.

Matthew Williams answered on Oct 28, 2018

Anyone could get a lawyer. You could get a lawyer to fly your kite at the shore. A 14 year old probably can't afford one, but will have one assigned through the courts.

1 Answer | Asked in Domestic Violence for Ohio on

Q: My nephew was arrested for DV 1m and asst. 1m

Him and his girlfriend got into a disagreement and she start hit on him and he was stopping her from hitting on him. She called the police once the got there she told them he had punched her and choke. He said that he did choked her but that was it. Will he get jail time?

Matthew Williams answered on Sep 18, 2018

That depends on a lot. The personality of the judge and prosecutor, the nature of any physical evidence, and your nephew's history will all be considered. He should be working with an attorney. It is a serious charge and a DV cannot be sealed later, if he is convicted.

1 Answer | Asked in Domestic Violence for Ohio on

Q: Hi My BF has a DV case pending this is his first time in trouble. What should I expect? Bail or jail time? I'm in Ohio

Also he has a signature bond hearing tomorrow will he possibly get bail or not. I'm arriving there I don't want him to get 6 months in jail. He doesn't need all that

Please help

Matthew Williams answered on Sep 18, 2018

He probably will get out on bond. He should get an attorney. There's more to worry about here than the maximum jail sentence, which is unlikely. A DV cannot be sealed. It could be on his record forever.

1 Answer | Asked in Domestic Violence for Ohio on

Q: MY husband was arrested for a first time domestic violence charge for hitting me. The police did not take pictures, and

His court date is sometime next week. I’ve not been subpoenaed and I’m wondering why and I don’t want to testify out of fear. Will it get dismissed?

Joseph Jaap answered on Sep 12, 2018

Talk to the prosecutor.

1 Answer | Asked in Domestic Violence for Ohio on

Q: My daughter has admitted being physically abused by her live in boy friend and I have witnessed verbal abuse.

They live on my property next door to me. I allowed him to live there although was not asked in advance. He has been there for 15 months. my 7 year old grandson also lives there...his father is dead. This man is a bully to women. How do I get him out. I fear for all of our safety. I live alone... Read more »

Joseph Jaap answered on Sep 11, 2018

If he makes any threats, call the police, file a report, and seek a protection order that will order him out and to stay away. Your daughter should already have done that if he was physically abusive. Since you own the property where he is living, then you can file an eviction action against... Read more »

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