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Ohio Domestic Violence Questions & Answers
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.

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Q: How do I "counteract", as quickly as possible, to an ex parte that was granted based entirely on false statements?

There's proof that all statements made against me, which the other party signed, notarized & filed through the courts, are entirely false. Not 1 sentence stated has any truth. They were deliberate lies told by my son's paternal grandmother & my son's father, (who legally has... Read more »

Matthew Williams
Matthew Williams answered on Apr 6, 2020

Well you start by documenting everything. You need people on your side who saw the things you saw. But you also have to be realistic. You need a lawyer on your side and that’s going to cost. Think of the situation you’re in now and what you want to interrupt your peaceful life and get involved.... Read more »

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: I am a teacher and a coach in Ohio. I have a student, also one of my players who lives in a very bad home situation.

Her mother is addicted and verbally abusive when drinking. Social services has been called several times over the last couple of years but they always leave the young lady and along with her younger her sister in the home after the interview. She reports that things are always worse when they... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 2, 2020

Her sister can contact children's services and ask for temporary custody.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Can my husband break into my phone and take messages and personal photos off of it without me knowing
Anthony C. Satariano
Anthony C. Satariano answered on Apr 1, 2020

Yes he can. While you are married, the majority of the property either of you own is considered "marital property" meaning both of you have a right to it.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My DV conviction was in 2015. In what year was the law changed to forever seein a DV conviction and does this affect me?

I actually had 2 F4 convictions but i got ILC for one.

Breezy M Warner
Breezy M Warner answered on Mar 25, 2020

It is unclear what you are asking here. Your DV convictions will appear on a background check. If you are asking about getting them off your record, or sealing your record. Ohio does not allow sealing of records that pertain to violence, so you would not qualify to seal your record.

1 Answer | Asked in Criminal Law, Domestic Violence and Municipal Law for Ohio on
Q: What if the family of the defendant is intimidating the victim and the defendant doesn’t even know they are doing it?
Matthew Williams
Matthew Williams answered on Mar 5, 2020

They could be charged with intimidating a witness. It’s likely the defendant would get charged as well. Police and prosecutors will assume he is orchestrating this. Visits and calls should be documented to show that isn’t the case if it isn’t.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a warrant for DV misdemeanor 1 & misdemeanor 2 damaging/endangering. What should I do?
Matthew Williams
Matthew Williams answered on Feb 16, 2020

You should hire a lawyer and prepare yourself for a long schlog

1 Answer | Asked in Domestic Violence for Ohio on
Q: I have a domestic violence case pending against someone and they have hired a lawyer as the accused ,does it get dropped
Anthony C. Satariano
Anthony C. Satariano answered on Feb 13, 2020

The short answer is no.

If by "case" you mean there are criminal charges pending against the accused, then it is not uncommon at all to hire a defense lawyer. Hiring a defense lawyer does not meant the charges will be dropped. The court likely has a victim advocate too that will...
Read more »

1 Answer | Asked in Domestic Violence and Family Law for Ohio on
Q: My nephew is 16 being abused, how can he become emancipated?

My niece an nephews were taken from their mother a few years ago and custody was given to the grandparents of the younger two, but they took all four children. They get beat for not doing homework, chores, etc. they have been in trouble for missing school because they missed their bus and then the... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Ohio does not allow emancipation in his situation. Here is a link to more information: https://www.ohiobar.org/public-resources/commonly-asked-law-questions-results/circumstances-say-whether-minors-are-emancipated/

But if you want to do something to rescue him from that bad situation, you...
Read more »

2 Answers | Asked in Domestic Violence for Ohio on
Q: My boyfriend got charges with domestic violence and assault. The state picked it up. Will he got to jail? What can I do?
Joseph Jaap
Joseph Jaap answered on Jan 22, 2020

If you receive a subpoena to testify, then you go and testify. The court will then decide what happens to him. He should use the Find a Lawyer tab to get an attorney to represent him.

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1 Answer | Asked in Domestic Violence for Ohio on
Q: I was in abusive relationship a year ago, but never made any reports can I get a protection order against my ex?

I fear for my life and children’s lives because I know what he is capable of, I never reported him because he would always threaten me if I was to call cops so nothing is on file but he keeps talking bad about me and spreading rumors and trying to get people to add me on fb and trying to get... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 23, 2019

It is unlikely that you could get a protection order for things that happened a year ago. If you were never married, you are the sole custodian of the child, and you do not have to permit him to see your children. He would have to go to court to prove paternity and obtain parental rights, but you... Read more »

3 Answers | Asked in Criminal Law, Domestic Violence and Gov & Administrative Law for Ohio on
Q: What can be done if the written statement is that of the witness’s girlfriend instead of the witness?

The officer took a statement from my ex-husband, when I received the discovery I noticed the statement is filled out by what looks to be a female’s handwriting, but I know for a fact that it’s not my ex husbands hand writing. His name is at the beginning of the statement and he signed and dated... Read more »

William Jaksa
William Jaksa answered on Oct 22, 2019

Not knowing all the details, but as long as it's his words, his evidence, it doesn't matter if he wrote it or dictated it to someone. Often police officers will take the statement, write as they are speaking with the witness and then have the witness sign the statement.

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1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Im being charged for my daughter protecting herself against children coming to my house to assualt her. What should i do

I was put on probation ans assigned to classes. I have nothing to do with the case

Matthew Williams
Matthew Williams answered on Oct 9, 2019

It kinda sounds like it’s already over. So you should probably just do the classes and stay out of trouble until your probation ends.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: How many days can a person report dv charges after it happens two weeks ago
Matthew Williams
Matthew Williams answered on Sep 11, 2019

A standard misdemeanor has a statute of limitations of 2 years. So yep.

1 Answer | Asked in Elder Law, Landlord - Tenant and Domestic Violence for Ohio on
Q: what grounds are valid to evict my 31-year-old son from my residence? i.e. what do I put on court papers?

my son is living with me because he has a protection order for domestic violence from his wife so he cannot have contact with his wife. he started staying in my home three months ago. Since then I have been verbally and mentally abused by him and have had to call law enforcement for protection... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 10, 2019

You should get a protection order to get him out immediately. If he makes a verbal threat, or actual physical assault, that should be enough. Talk to the police. And then use the Find a Lawyer tab to retain a local real estate attorney to help you deal with the eviction to do it properly and to... Read more »

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