Ohio Domestic Violence Questions & Answers

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

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
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.

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

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Sep 18, 2018
Matthew Williams' answer
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.

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

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Sep 11, 2018
Joseph Jaap's answer
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 him. Retain a local attorney to assist you to do it properly. Use the Find a Lawyer tab. Talk to your local police before doing anything, so they are alerted to the situation.

Q: I have a pending domestic violence case in the state of Ohio. I have no other prior charges. I did not hit my wife.

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Aug 27, 2018
Matthew Williams' answer
From the US side: Get court permission anyway. Travel with documents showing you have the permission, are out on bond, and have a court date scheduled in the future. This will allow you to demonstrate that there is no warrant, if they find the case. Even with this type of paperwork, you should leave extra time on any connecting flight into the US as you may be held a bit while they check it out.

Consider contacting the Chinese embassy or consulate to obtain information on their...

Q: If a stepfather is protecting two stepchildren and his own daughter from the abusive and neglectful mother

1 Answer | Asked in Family Law, Child Custody, Domestic Violence and Juvenile Law for Ohio on
Answered on Aug 8, 2018
Joseph Jaap's answer
If the stepfather does not have legal custody, then he could be arrested if he does not give the children to the person who has custody. Stepfather can file for custody or can file for guardianship, and the court will decide what is in the best interest of the children. Stepfather should retain a local family law attorney to represent him.

Q: Being accused of d.v in ohio for the first time.. no money for a lawyer, what should I do?

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Aug 3, 2018
Matthew Williams' answer
Plead not guilty and ask the court to appoint an attorney for you. You are entitled to counsel, even if you cannot afford it.

Q: I'm the victim. The prosecutor said for me to have a no contact order removed I have to petition the judge. How?

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Jul 23, 2018
Matthew Williams' answer
You can file a motion to have the no contact order lifted or modified. If the court has a victim advocate, he or she can help you.

Q: Bf was drunk and bit me in a public place with cameras somebody else called called cops he's in jail..what do I do..

2 Answers | Asked in DUI / DWI, Family Law and Domestic Violence for Ohio on
Answered on Jul 20, 2018
Joseph Jaap's answer
It's up to the prosecutor to drop or pursue the charges. Use the Find a Lawyer tab and get your bf an attorney.

Q: If someone is being charged with a f4 disrupting services and a f5 dv but the victim wasnt pregnant just thought she was

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Jul 16, 2018
Matthew Williams' answer
It could wind up being dismissed, or the defendant could be found guilty. The F5 DV can be predicated on pregnancy but also on multiple DVs or seriousness of injury, and the disrupting charge doesn't require the offender to take the phone off the property at all. These are serious charges. The defendant should be working with a lawyer.

Q: If a domestic violence victim doesn't show up for trial do they usually drop the case?

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on Jul 13, 2018
Matthew Williams' answer
Not right away, or necessarily at all. An uncooperative victim is the eventual death of many DV prosecutions, but sometimes they have enough evidence without the victim and courts will generally give the prosecutor at least 2 shots at getting the victim to show up before considering dismissing the case.

Q: My brother kicked his pregnant girlfriend in the stomach. He felt bad immediately and plead guilty. Will he get out?

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Domestic Violence for Ohio on
Answered on Jul 10, 2018
Matthew Williams' answer
A DV on a pregnant woman is a felony. He may we’ll see some jail time on this. He should be working with a lawyer even if it is his intention to plead.

Q: I want to drop domestic violence charges against my boyfriend. do i need a lawyer

1 Answer | Asked in Domestic Violence for Ohio on
Answered on Jun 29, 2018
Matthew Williams' answer
You cannot drop the charges. Only the prosecutor can do that, and they generally do not do it when DV victims ask them to because they believe the incident occurred as reported and the request to drop it is made either out of fear or because the victim thinks the consequences are too great. You don't need a lawyer. He does.

Q: First time domestic violence m1 and assualt m1 charge

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on May 29, 2018
Matthew Williams' answer
Jail time is certainly a possibility, but it sounds like there are some mental health and substance abuse issues that need to be addressed. You should get a lawyer and try to get the judge focused on that angle.

Q: i have been convicted of a domestic violence charge is there a way i can take steps to pay it off without jail time

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Answered on May 24, 2018
Matthew Williams' answer
Ordinary DV in Ohio is a first degree misdemeanor. While it is punishable by jail time, most first time offenders do not actually get jail time but wind up on probation instead.

Q: Minor son is charged for domestic violence because he wanted to stop her adult sister bullying him

1 Answer | Asked in Domestic Violence for Ohio on
Answered on May 17, 2018
Matthew Williams' answer
Your son needs a lawyer plain and simple. Prosecutors often pursue domestic cases even with uncooperative or downright hostile victims.

How did the police get involved in this?

Q: my brother is being held for domestic violence and has been sitting in jail for a month now. how long can they hold him

1 Answer | Asked in Domestic Violence for Ohio on
Answered on May 8, 2018
Matthew Williams' answer
It really depends on the circumstances. Was he initially charged in a municipal court? Was a preliminary hearing held? A first appearance? Examining Court? Is a bond amount set? Does he have an holders (immigration or probation violations)?

Q: I am a home owner who has roommates. 1 of the roommates has become violent and threated me and my daughter what can I do

1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Landlord - Tenant for Ohio on
Answered on May 4, 2018
Joseph Jaap's answer
Report the threats to the police and seek a protection order to order the person to leave the house and stay away. If that does not succeed, then you could proceed with an eviction action, but that process could take several weeks. If you just change the locks, install a security system, and keep the person out, the person might sue you for improper eviction, and perhaps the court might order you to pay for the person's inconvenience, but if that is what it takes to stay safe, then you might...

Q: Do I have to send my kids home to there dads if they are scared to go because they're scared he'll beat them?

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Ohio on
Answered on Apr 30, 2018
Joseph Jaap's answer
Talk to children's services so they can investigate. Use the Find a Lawyer tab to retain a local family law attorney.

Q: My husband has felony charges after 3 domestic violence against me, how can I get him out now without me getting into tr

2 Answers | Asked in Domestic Violence for Ohio on
Answered on Apr 27, 2018
Joseph Jaap's answer
File for a protection order to keep him out of your residence.

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