Akron Domestic Violence Lawyer
Defending Clients in Summit County For 15 Years
Are you facing domestic violence charges in Ohio? Look no further than Christopher G. Thomarios, Esq. LLC, your trusted Akron domestic violence attorney. Our experienced legal team understands the complexity and emotional toll that such charges can bring.
With a focus on providing dedicated guidance and aggressive representation, we are committed to protecting your rights and pursuing the best possible outcome for your case.
Count on Christopher G. Thomarios, Esq. LLC to stand by your side throughout this challenging process and fight for your rights in the face of domestic violence allegations.
What is Domestic Violence in Ohio?
Domestic violence is a serious issue that affects countless individuals and families across Ohio. It refers to a pattern of abusive behavior one person uses to gain power and control over another person in an intimate relationship.
The state of Ohio recognizes domestic violence as a criminal offense and has specific laws in place to address and prevent such acts.
In Ohio, domestic violence is defined as knowingly causing or attempting to cause physical harm to a family or household member, recklessly causing serious physical harm, or threatening a family or household member with imminent physical harm.
The law protects spouses and individuals who share a child together, are living or have lived together, or are dating or have dated. Domestic violence can have severe and long-lasting effects on the victims, often leaving them feeling trapped, scared, and isolated.
Types of Domestic Violence in Ohio
Ohio recognizes various forms of domestic violence which extend beyond physical harm. These types of abuse include:
- Physical Abuse: This involves any intentional physical harm or unwanted physical contact that causes pain, injury, or impairment. It includes hitting, slapping, choking, punching, kicking, or using weapons.
- Emotional and Psychological Abuse: This type of abuse aims to degrade, manipulate, or control the victim's emotions and thoughts. It can include constant criticism, humiliation, intimidation, threats, isolating the victim from family and friends, or destroying their self-esteem.
- Sexual Abuse: Sexual abuse involves non-consensual sexual activity or forcing the victim to engage in unwanted sexual acts. This includes rape, sexual assault, coerced sexual acts, or any form of sexual contact without the victim's consent.
- Economic Abuse: Economic abuse occurs when the abuser controls or exploits the victim's financial resources, making it difficult for them to support themselves or maintain independence. This can include withholding money, controlling finances, preventing the victim from working or sabotaging their employment opportunities.
What are the Penalties for Domestic Violence in Ohio?
The state of Ohio takes domestic violence seriously and imposes strict penalties on offenders. The penalties for domestic violence convictions vary based on the severity of the offense and the offender's prior criminal record.
Here are some general penalties:
- Misdemeanor Domestic Violence: A first offense classified as a misdemeanor can result in up to six months of incarceration, a fine of up to $1,000, or both. Repeat offenses or aggravating circumstances may result in higher fines and longer jail sentences.
- Felony Domestic Violence: If the offense is classified as a felony, the penalties can be more severe. Felony domestic violence can lead to imprisonment for up to several years, substantial fines, mandatory counseling, and probation.
- Protection Orders: In addition to criminal penalties, the court may issue a protection order, also known as a restraining order or order of protection. This order prohibits the abuser from contacting or coming near the victim's residence, workplace, or other specified locations.
It's essential to understand that the penalties for domestic violence in Ohio can vary depending on the specific circumstances of each case. Seeking legal advice from a qualified Akron domestic violence lawyer is crucial for those facing charges or needing assistance with protective measures.
When Is Domestic Violence a Felony in Ohio?
In Ohio, domestic violence is a misdemeanor offense. However, it can become a felony if there are aggravating factors. These include using weapons, causing severe physical harm or injury, and strangling someone.
Additionally, any offense within the context of a family relationship is considered aggravated and can lead to increased consequences for the offender.
For example, in certain cases where an offender has committed three or more domestic violence crimes, he or she may be charged with a felony and face even harsher consequences. Domestic violence is a serious offense, and it is important for those facing charges to seek legal counsel immediately.
A domestic violence conviction will stay on your record for the rest of your life. The first-degree misdemeanor charge of domestic violence is not expungable nor sealable. You need a strong representation from the start to at least get the charge amended to disorderly conduct or dismissed altogether.
If convicted of a domestic violence charge, you will lose your right to bear arms because of the Lautenberg Amendment. We can help protect you from domestic violence charges because we know the laws inside and out. You need an experienced Akron domestic violence lawyer, so contact us immediately.
Can The Victim Drop Domestic Violence Charges?
In Ohio, the decision to drop domestic violence charges does not rest solely with the victim. Once charges have been filed, the prosecuting attorney assumes control over the case, ultimately deciding whether to proceed or dismiss the charges. This is done to protect the victim's interests, as they may be under pressure or fear from the abuser to drop the charges.
While the victim's wishes and cooperation are taken into account, the prosecutor considers other factors, such as the severity of the offense, the evidence available, and the potential threat to public safety.
They will carefully evaluate the case to determine if sufficient evidence exists to pursue a conviction, even if the victim is no longer willing to participate.
It is important to note that domestic violence cases can significantly impact the community's well-being, and the state has a duty to protect victims and hold offenders accountable. Therefore, prosecutors may proceed with charges despite a victim's request to drop them, especially if there is compelling evidence of abuse.
What is the Statute of Limitations on Domestic Violence in Ohio?
The statute of limitations on domestic violence in Ohio is six years if it is a felony allegation and it is two years if it is a misdemeanor allegation. Once the statute of limitations has passed, you can no longer press charges even if it was true.
Domestic Violence charges usually follow hours or days after a person makes a report on Domestic Violence allegations in a normal situation.
Defense to Domestic Violence Charges
When facing domestic violence charges in Ohio, it is important to understand that every case is unique, and the appropriate defense strategy will depend on the specific circumstances involved.
Here are some common defenses that can be used in domestic violence cases:
- False Accusations: One possible defense is to argue that the allegations are false or fabricated. This defense strategy often involves presenting evidence contradicting the accuser's claims or establishing a motive for making false accusations, such as revenge, custody disputes, or personal gain.
- Self-Defense: If the accused can demonstrate that their actions were taken in self-defense or defense of others, it may serve as a valid defense. This defense asserts that the accused's use of force was necessary to protect themselves or someone else from immediate harm or danger.
- Lack of Evidence: Challenging the prosecution's evidence is another defense strategy. This may involve questioning the credibility of witnesses, challenging the admissibility of evidence, or presenting evidence that weakens the prosecution's case.
- Consent: In cases involving allegations of sexual abuse or assault, the defense may argue that the alleged acts were consensual. This defense emphasizes that all parties involved willingly participated in the sexual activity.
- Constitutional Violations: If law enforcement or investigators violated the accused's constitutional rights during the arrest or gathering of evidence, it may be possible to challenge the admissibility of that evidence in court. Examples of constitutional violations include unlawful search and seizure or failure to provide Miranda warnings.
- Lack of Intent: In some cases, the defense may argue that the accused did not have the intent to commit a domestic violence offense. This defense strategy aims to show that the alleged actions were accidental, misinterpreted, or lacked the necessary intent to constitute a criminal offense.
It's essential to consult with an experienced Akron domestic violence attorney to assess the specific details of your situation and determine the most appropriate defense strategy.
Our team can guide you through the legal process, protect your rights, and work to achieve the best possible outcome for your case.
Christopher G. Thomarios, Esq. LLC is your trusted partner when it comes to domestic violence cases in Ohio. Our dedicated Akron domestic violence lawyer understands these cases' intricate nature and sensitivity. We are unwavering in our commitment to safeguarding your rights and delivering a robust defense.
With meticulous investigation, skilled evidence challenges, and relentless advocacy, we work tirelessly to achieve the optimal outcome for your case. You can rely on our attorney to navigate the legal process alongside you, providing personalized attention every step of the way.
Contact Christopher G. Thomarios, Esq. LLC today to schedule a FREE consultation with our domestic violence lawyer in Akron!
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