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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Ohio on
Q: A couple months ago I called the police and gave a statement that my boyfriend hit me(Pictures were taken)

But I am wanting the charges to be dropped, what are the chances of that happening and how can I go about it without getting myself into trouble?

Matthew Williams
Matthew Williams answered on Oct 5, 2021

All you can really do at this point is tell the prosecutor you are not interested in pursuing charges. They may drop it. They may not. It may take a very long time.

1 Answer | Asked in Divorce and Domestic Violence for Ohio on
Q: Can I, and how do I go about, scheduling a Deposition and calling on a Witness to participate— without an attorney?

I can no longer afford legal representation at the current time. I had to let my attorney go last week. Having a Deposition ASAP is in my best interest. Without counsel, I could use guidance on where to begin and how to best proceed.

Andrew Popp
Andrew Popp answered on Aug 30, 2021

The Ohio Rules of Civil Procedure are the place to begin. See the link below:

https://www.supremecourt.ohio.gov/LegalResources/Rules/civil/CivilProcedure.pdf

Depending on where you are, I would check to see if there are any local rules which pertain to the manner in which...
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1 Answer | Asked in Domestic Violence, Criminal Law and Immigration Law for Ohio on
Q: Hello Justia. Can I become a naturalized US citizen in the future despite having a misdeamenor for domestic battery.

I was charged with domestic battery in July 2020 which I pleaded guilty to. I was given a 1 year probation. What are my chances of becoming a US citizen in the Future. Thanks

Matthew Williams
Matthew Williams answered on Jul 18, 2021

Without professional help, very little. You need to talk to a lawyer.

1 Answer | Asked in Domestic Violence for Ohio on
Q: Can a property management company deny me breaking a lease to move if I told them already I was a victim of DV?

My landlord is disallowing me to break my lease in order to move to a safer situation and stating I am responsible for the remaining 4 months until they find someone else to rent, even though I would be fleeing domestic violence, and I have told them this on many occasions about my safety and they... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2021

The lease agreement is a legal contract, and personal situations are not a basis for tenant to terminate a lease, unless the lease specifically says so. You are under no obligation to stay, but you are under an obligation to continue to pay rent. Landlord then has a legal obligation to try to... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: How do I get a restraining order/order of protections?

Harassment complaint filed with Oxford PD in March while at college. Ex boyfriend continues to harass via phone, text, email and social media despite being blocked (using other phones and making fake accounts to do so) Currently living in another state but will return to Oxford, OH for college in... Read more »

Matthew Williams
Matthew Williams answered on Jun 30, 2021

Several things you can do. First, you can report it to the police. Telecommunications harassment is a criminal offense in Ohio. Second, you file for civil stalking protection order with the county court. Most of them have forms.

1 Answer | Asked in Domestic Violence for Ohio on
Q: What are the chances of me calling to drop the charges?

My sons father and I got into a big fight while I was pregnant I filed a report on him a while ago and now we together and I wanna drop the charges because our baby is now here and he is a good father and husband to me

Andrew Popp
Andrew Popp answered on May 24, 2021

The chances? Nobody can predict. It depends on the prosecutor, jurisdiction, facts, history etc. Ultimately, it's not up to you. Since the State is involved they have discretion to continue the case or not. They can even compel you to testify. You probably want to sit down and speak with... Read more »

1 Answer | Asked in Domestic Violence, Libel & Slander, Criminal Law and Family Law for Ohio on
Q: In ohio, As a victim of a Aggravated menacing. What do I need to bring and expect in court?
Andrew Popp
Andrew Popp answered on Apr 7, 2021

This depends on what is happening in Court. Is the hearing an arraignment, pretrial, evidentiary hearing, deposition, trial? You can always contact the victim's advocate at the courthouse and they can go through general information with you.

Best of luck.

1 Answer | Asked in Domestic Violence and Criminal Law for Ohio on
Q: Can I be forced to testify in domestic violence case?

I'm the victim (ohio) in the case. I asked to press charges but I no longer want to participate in the trial. The pre trial is next month. Can I refuse to testify in the state of ohio?

Cathy Cook Esq
Cathy Cook Esq answered on Mar 15, 2021

You need to obtain advice from a criminal defense attorney. If you gave a statement to the police alleging domestic violence and now refute that claim, you could be charged with a crime yourself.

1 Answer | Asked in Criminal Law, Divorce and Domestic Violence for Ohio on
Q: My question is about expungement

I was charged with M4 DV in 2019. I pled to MM Dis. Conduct and I recently applied to have my record expunged. Here is my concern: in 2008 I was charged with M1 DV and I pled to M4 DV. I got that record expunged. I'm now concerned that when looking this up, they could decide that I should... Read more »

Cathy Cook Esq
Cathy Cook Esq answered on Mar 1, 2021

No, once you plead & are convicted, the case can’t be reopened.

2 Answers | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: I would like advice before going to child support court. My son's father was jailed for domestic violence on me

Will I need to be prepared to be questioned about this in court?

Cathy Cook Esq
Cathy Cook Esq answered on Feb 25, 2021

The domestic violence case is not relevant unless the father lost his job due to being jailed. If so, then you need to let the court know this was from an assault on you, the mother, and he needs to continue to support his children.

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2 Answers | Asked in Child Custody, Domestic Violence and Family Law for Ohio on
Q: The father of my daughters child has held him from her & us for over a month.

They are not married to each other but he is married to another woman. He has withheld their son from my daughter & us for a month now for revenge. My daughter has offered to appear for mediation with him but he won't answer. His wife has threatened my daughter with violence, has attacked... Read more »

Matthew Williams
Matthew Williams answered on Feb 11, 2021

Anyone can certainly file a police report, and there may be an interference with custody criminal offense here but there probably is not kidnapping since that is against the wishes of the person, not their parents. Who has legal custody of this child?

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1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Hi, I'm the victim in a domestic violence case. My question is if i'm asked to testify or if i'm subpoenaed too do I hav

do I legally have too ? my mental state is not the best and i do not think i would be able to face all of that ? also how often do these cases go to trial ? the person is charged 2919.25A DOMESTIC VIOLENCE- KNOWINGLY CAUSE PHYSICAL HARM (M1)

Amended Charge And 2903.13A ASSAULT (M1)

Dimitrios Makridis
Dimitrios Makridis answered on Dec 18, 2020

Realistically, if you do not want to testify, you (or your lawyer) needs to tell the prosecutor. If you are forced to take the stand to testify, you can always plead the 5th.

1 Answer | Asked in Domestic Violence for Ohio on
Q: I recently filed for domestic violence in Ohio but no longer want to go through with the charges.

I recently filed for domestic violence but no longer want to go through with the charges. If I just don’t show up in court what will happen? Will the case get dismissed ? Or should I call the prosecutor and tell them I lied ? What is my best option for dropping this case

David A. Ingram
David A. Ingram answered on Oct 31, 2020

Contact the prosecutor and victim advocate (if one is assigned) and let them know that you no longer want to proceed forward with the case and want the case dismissed. If you don't show up to court, the court can find you in contempt and issue a warrant for your arrest. If you contact the... Read more »

1 Answer | Asked in Domestic Violence for Ohio on
Q: Should I avoid going to court or say I lied?

I recently filed for a domestic violence charge against my fiancé . It was in the heat of the moment what should I do to get the charges dropped .? If I don’t show up in court will they drop the charges? Or should I say I lied? Or tell them I’m mentally insane and don’t know what I’m... Read more »

David A. Ingram
David A. Ingram answered on Oct 31, 2020

There is no easy for your situation. First, I hope everyone remains safe. Notify the prosecutor, the victim advocate, and defense attorney that you no longer want to proceed forward with the case and want it dismissed. The court can issue a warrant for your arrest if you fail to show up in court.... Read more »

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.

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