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Ohio Domestic Violence Questions & Answers
1 Answer | Asked in Domestic Violence for Ohio on
Q: As a domestic violence victim do you have the right to not testify in court?
Matthew Williams
Matthew Williams
answered on Mar 28, 2022

If you are subpoenaed, you must appear to testify. If you do not, a material witness warrant can be issued and you can be arrested and brought before the court to testify.

1 Answer | Asked in Child Custody and Domestic Violence for Ohio on
Q: Will police help a mother get a child back from the father if the father is refusing?

We were never married

Raquel Ann Parish
Raquel Ann Parish
answered on Mar 21, 2022

Pursuant to Ohio Revised Code 3109.042 An unmarried female who gives birth to a child is the sole residential parent and legal custodian of the child until a court of competent jurisdiction issues an order designating another person as the residential parent and legal custodian. Another party would... View More

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: Would my sister be allowed to put a camera in her own bed room?

My mother and step dad have been going into her room and smashing her things she is 19 but she is mentally disabled no one in the family is well off enough to take her would she be allowed to record her room to be able to see what he does to her things when she's gone as proof of vandalism?

Joseph Jaap
Joseph Jaap
answered on Feb 10, 2022

There is no law against putting in a camera. But parents could remove it. Any mental or physical abuse should be reported. A family member could apply to become her legal guardian and then apply for available benefits to find her another living arrangement.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: I have a dv felony 4 charge. I read that they have 270 days to bring me to trial. It's been almost 2 years. Can they do
Matthew Williams
Matthew Williams
answered on Jan 24, 2022

The speedy trial clock is like the clock at a basketball game. 270 days, 90 if you are incarcerated awaiting trial. Seems speedy. But it pauses for every defense request and was paused in many cases for COVID-19 and pauses for this and pauses for that. A lawyer needs to sit down and go through your... View More

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: My husband is in jail for dv he got arrested was out on bond and got arrested again I need advice on how to make this

Better I never intended for any of this we've been married for a long time and he takes care of our family I need to get him out of jail out of trouble and back to work

Anthony C. Satariano
Anthony C. Satariano
answered on Jan 18, 2022

In Ohio, whether or not the State proceeds with DV charges is up to the prosecutor. It is not up to the victim. Your husband should consult with a criminal defense attorney.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Ohio on
Q: When is it abandonment?

I had a short fling with an old friend, found out he had an extensive criminal record, that includes DV, and drug use and multiple thefts.He’s threatened to come to my house if I didn’t answer the phone. I tried co parenting but when he found out I was getting my conceal carry he said if I did... View More

Joseph Jaap
Joseph Jaap
answered on Jan 6, 2022

If you were not married to him, and a court has not granted him any parental rights to your child, then he has none, and as the mother, you have sole legal custody and decide who gets to spend time with your child, or can prohibit all contact. You could initiate action to have him pay child... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: Iam victim of dv case in ohio why am I required to go to court and push for a tough sentence
Matthew Williams
Matthew Williams
answered on Jan 5, 2022

You’re not. As the victim you have the right to say or not say whatever you want concerning sentence.

1 Answer | Asked in Family Law, Civil Rights and Domestic Violence for Ohio on
Q: Is it legal for an arranged marriage in ohio
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 31, 2021

There is no designation for an arranged marriage, but if you are being coerced into marriage then it can potentially be annulled as a result of the coercion. If you are a minor and your parents are forcing you into marriage then you should call 1-855-642-4453 and report this to Ohio's... View More

1 Answer | Asked in Domestic Violence for Ohio on
Q: Victim domestic violence case. My attacker hired a former attorney of mine is there anything I can do about that
Matthew Williams
Matthew Williams
answered on Dec 21, 2021

You can let the prosecutor know and he or she may feel there is a conflict of interest depending upon the nature of the prior representation.

1 Answer | Asked in Domestic Violence for Ohio on
Q: How can l find a pro bundle lawyer for a domestic violence case
Matthew Williams
Matthew Williams
answered on Dec 10, 2021

If you cannot afford an attorney, you can ask the court to appoint one. Happens all the time.

1 Answer | Asked in Criminal Law and Domestic Violence for Ohio on
Q: Can I be rearrested after a preliminary hearing in ohio? Judge released me on my own recognizance after bail was set.

I was arrested over the weekend for a M1 charge and a F3 charge in ohio. Went before the judge Monday. He set bail, but released me without me paying it. I have a preliminary for the F3, and a pre trial for the M1 on Thursday. I am going to court then no matter what, but I am not sure what to... View More

Matthew Williams
Matthew Williams
answered on Dec 10, 2021

As long as you keep showing up for court and stay out of trouble, it is extremely unlikely you will be rearrested or have any changes made to your bond. You really ought to get an attorney to help you with this. An F3 is no joke.

1 Answer | Asked in Criminal Law, Family Law and Domestic Violence for Ohio on
Q: My drunk mom was yelling at me to get out of our house where we live together.

She then was blocking me from getting a hoodie out of my room so I tried to move her out of the way. She was so inebriated that she tripped and fell and hit her forehead on the door jamb and got a black eye. My wife called the police on her because it was not safe to have our one year old son... View More

Matthew Williams
Matthew Williams
answered on Nov 11, 2021

Prosecutors are loath to drop domestic violence cases simply because the victim’s story changes. That happens all the time. It sound like there may be at least one somewhat independent witness in your wife. You should work with a lawyer to present your defense.

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...
View More

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... View 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... View 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... View 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... View 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
Cathy Cook
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.

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