Defending Against Domestic Violence Charges in Ohio

Defending Against Domestic Violence Charges in Ohio: What You Need to Know

If you’ve been charged with domestic violence in Toledo, Ohio, your freedom, your reputation, and your future are on the line.

Ohio courts and prosecutors take these charges seriously, and the consequences can be severe—including jail time, a criminal record, and loss of firearm rights. A conviction for Domestic Violence cannot be sealed either. But being charged doesn’t mean you’re guilty. With the right legal strategy, you can fight back.

Brian C. Morrissey, Attorney at Law has years of experience defending clients throughout Lucas County and the greater Toledo area against domestic violence allegations. If you or a loved one is facing charges, here's what you need to know about your rights, the legal process, and how to build a strong defense.

What Is Domestic Violence Under Ohio Law?

In Ohio, domestic violence is defined under Ohio Revised Code § 2919.25. A person can be charged if they:

·      Knowingly cause or attempt to cause physical harm to a family or household member;

·      Recklessly cause serious physical harm to a family or household member; or

·      Threaten a family or household member with force, causing them to believe they are in immediate danger.

A “family or household member” can include:

·      A spouse, former spouse, or romantic partner;

·      A child, parent, or other relative living in the same home;

·      A co-parent of a child, even if you were never married.

Domestic violence can be charged as a misdemeanor or felony, depending on the circumstances, prior history, injuries, and whether a protection order was violated. It can also be charged as a felony if there was an allegation of strangulation.

Penalties for Domestic Violence in Ohio

Ohio imposes stiff penalties for domestic violence convictions. The severity depends on the specific allegations in the complaint or indictment and whether there are prior offenses:

·      First-degree misdemeanor: Up to 6 months in jail and a $1,000 fine

·      Fourth-degree felony: 6 to 18 months in prison and up to a $5,000 fine

·      Third-degree felony: 9 months to 3 years in prison and up to a $10,000 fine

A domestic violence conviction can also carry collateral consequences, including:

·      A permanent criminal record (as Ohio law currently stands, a Domestic violence conviction cannot be sealed or expunged);

·      Loss of gun rights under federal law;

·      Restraining orders that can affect child custody and housing;

·      Difficulty getting or keeping a job.

·   Difficulty in obtaining or maintaining housing

If you are facing any domestic violence charges in Toledo, Lucas County, or any of the surrounding areas, you need a skilled criminal defense attorney by your side immediately.

Possible Defenses to Domestic Violence Charges

Every case is different, but several legal defenses may apply, including:

1. False Allegations

Domestic violence charges are sometimes filed based on false or exaggerated claims, especially during heated breakups, divorces, or custody battles. A thorough investigation can uncover inconsistencies in the alleged victim’s story or motives for making false accusations.

2. Self-Defense

You have the legal right to defend yourself if you were attacked or reasonably believed you were in danger. If the evidence shows you acted to protect yourself from harm, you may have a valid self-defense claim.

3. Lack of Evidence

The prosecution must prove the charge beyond a reasonable doubt. If there are no witnesses, no visible injuries, or conflicting accounts, your attorney may be able to argue that the state simply doesn’t have enough evidence to convict.

What to Do If You’ve Been Charged with Domestic Violence in Toledo

Being arrested or charged can be overwhelming, but the steps you take next are critical to your defense. Here’s what you should do:

1. Do Not Contact the Alleged Victim

Even if you believe the charge is a misunderstanding, do not try to contact the other person. If a temporary protection order (TPO) has been issued, violating it—even accidentally—can lead to additional charges and jail time. Many times a TPO is issued only on one party. Meaning the protected party is permitted to reach out the Defendant, but as soon as the Defendant replies there is a violation. It is usually only a one way street, and a violation can result in bond being revoked or new criminal charges being filed.

2. Don’t Talk to the Police Without a Lawyer

You have the right to remain silent. Do not try to explain your side of the story to law enforcement without a criminal defense attorney present. You do need to give them your name and identifiers so that they know who you are. Beyond that, you have the right to remain silent. Utilizing that right when an attorney is not present is usually a great idea.

3. Contact a Toledo Domestic Violence Defense Attorney Immediately

Time is critical in these cases. The sooner your attorney can begin building your defense, gathering evidence, and negotiating with prosecutors, the better your chances of a favorable outcome.

4. Preserve Any Communications That You Have With the Accuser

In some cases, the accuser will put into a text or chat that they are just mad at the defendant or make other statements that call their credibility into question. Preserving these communications with a screenshot or downloading them from the cloud can be helpful in any case. Proving an ulterior motive can be beneficial to a defense in cases like these.

5. Make a Timeline of Events if Applicable

In some cases, the accused is not even at the scene when charges are filed. If that is the case, the person being accused needs to make a timeline of where they were when the alleged incident occurred. It could be the case that an alibi is applicable. Phone data, receipts, and witnesses can be used to prove that the accused was not in the area when the alleged incident occurred. Making a timeline early in the process will help to refute any false accusations if the accused was not in the area when the accuser alleges.

How Brian C. Morrissey, Attorney at Law, Can Help

Our firm has years of experience in defending clients facing domestic violence charges in Toledo, Ohio, and surrounding areas. We take a thorough and personalized approach to every case when appropriate, working to:

·      Protect your rights and reputation;

·      Challenge weak or misleading evidence;

·      Fight to have your charges reduced or dismissed;

·      Seek diversion programs or plea deals when appropriate;

·      Represent you in court if your case goes to trial;

· Hire and work with investigators if necessary.

Whether this is your first brush with the law or you’ve been through the system before, we are here to guide you every step of the way.

Call Today for a Confidential Consultation

If you or someone you love has been charged with domestic violence in Toledo, you don’t have to face it alone. We offer confidential consultations and will explain your options in plain language so you can make informed decisions about your future.

👉 Call Brian C. Morrissey, Attorney at Law at (419) 830-7441 or visit www.brianmorrisseylaw.com

📧 Email: brian@brianmorrisseylaw.com

We serve clients throughout Lucas County, including Toledo, Maumee, Sylvania, Oregon, and Bowling Green.