Columbus Lawyer Colin Maher

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Domestic Violence Defense Attorney in Columbus, Ohio

DUI/OVI DEFENSE LAWYER

A domestic violence charge has the potential to destroy a family, ruin a reputation, and make keeping or finding a job nearly impossible. Being accused of assaulting or threatening someone close to you can also result in stiff penalties that go beyond jail time and criminal fines.

As a Columbus domestic violence lawyer, I understand that these cases are always complicated and that my client’s whole life may depend on the outcome. Because of this, I start by listening to my client’s side of the story. I might be the only person willing to do that.

After our Columbus domestic violence attorney takes a case, we make every effort to ensure that our client’s rights and privacy are protected throughout the investigation and trial. Our domestic violence defense attorney also work with my client to collect and organize the evidence and testimony needed to mount a solid defense.

How Does Ohio Define Domestic Violence?

Section 2919.22 of the Ohio Revised Code makes it a crime to

  • 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
  • By threat of force, knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

 

The statute goes on to define a person who can suffer domestic violence as:

      • A husband or wife
      • A live-in girlfriend or boyfriend
      • An ex-spouse
      • An ex-partner
      • A son or daughter
      • The unborn child of a wife, girlfriend, or ex
      • The other parent of the accused person’s child
      • A parent or foster parent
      • A cousin, aunt, or uncle
      • An ex’s family member

Other key terms like “recklessly,” “serious physical harm,” and “threat of force” are not explicitly defined in the law. The ambiguity of those concepts can be used as the basis for a defense strategy. Call our Columbus domestic violence lawyer today.

How Does Ohio Punish People Convicted of Committing Domestic Violence?

Most first offense domestic violence cases are prosecuted as first-degree misdemeanors. Threatening a family member or relative can be considered a lower-level fourth-degree misdemeanor, and a second or subsequent conviction for most forms of domestic violence will be treated as a third- or fourth-degree felony.

The basic chart of maximum statutory penalties for a domestic violence conviction in Ohio looks like this:

Prosecuted as

Jail Sentence

Criminal Fine

Third-Degree Felony

9,12,18,24,30, or 36 months

$10,000

Fourth-Degree Felony

6-18 months

$5,000

First-Degree Misdemeanor

180 days

$1,000

Fourth-Degree Misdemeanor

30 days

$250

The harshest penalties are handed down for injuring an unborn child. Mandatory jail sentences of at least 6 months are imposed for second or subsequent convictions, even if the earlier offense was prosecuted in a state other than Ohio.

In addition to spending time in jail and paying criminal fines, people who get convicted of committing domestic violence can be placed under restraining orders, lose parental rights, and be ordered to pay restitution and compensation for property damage and medical bills. Financial penalties will remain in place until the court-ordered amounts are paid off.

Defenses Against Domestic Violence Charges Exist

One thing I have learned as a Columbus domestic violence lawyer is that no case is clear-cut. Police often make multiple arrests during domestic disturbance calls, only deciding whether to issue criminal charges against one or more people based on the stories everyone who was involved tells after the fact. Many cases also involve alleged drug possession and weapons control offenses.

I make it my job as a domestic violence defense attorney in Columbus, Ohio to ensure that my client has every opportunity to gather and present evidence that supports their version of events. This can be physical evidence from the scene, testimony from witnesses or relatives, medical records, or a combination of all three.

Contact our Columbus Based Domestic Violence Lawyer Today

If you face domestic violence charges in central Ohio, let our Columbus domestic violence defense attorney know if we can help you. Call (614) 205-2208 or reach out online. The initial phone consultation will cost you nothing.

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