Dayton Domestic Violence Attorney

Dayton Domestic Violence Attorney

Accusations of domestic violence are some of the most serious that a person can face, as a conviction for this offense can have severe repercussions for the accused. Unfortunately, many of those who are charged with this crime are innocent, but were falsely accused by a domestic partner out of spite, or in order to gain an advantage in a custody matter.

Being represented by an experienced Dayton domestic violence attorney can make all the difference in the outcome of this type of case, so if you were recently held for questioning in regards to a domestic violence matter, please contact a dedicated lawyer who can help you begin formulating a defense.

Elements of Domestic Violence

Before a person can be convicted of domestic violence in Ohio, he or she must be found guilty of:

• Knowingly causing or attempting to cause physical harm to a household or family member;
• Recklessly causing serious physical harm to a family or household member; or
• Knowingly causing a family or household member, through threat of force, to believe that he or she is in imminent danger of suffering harm.

Furthermore, to qualify as a family or household member, a person must fall under one of the following categories and either currently reside, or have done so in the past, with the accused:

• A spouse, a former spouse, or someone living as the accused’s spouse within the past five years;
• A parent, child, or other person related to the accused;
• A parent or child of a spouse, former spouse, or person living as a spouse;
• A person related to a spouse, former spouse, or partner; or
• The natural parent of any child of whom the accused is the other natural parent.

Earlier this year, these protections were broadened to cover those in dating relationships, who can now seek domestic violence civil protection orders against abusive partners.

Potential Defenses

Because there is so much at stake for those accused of domestic violence, it is important for defendants to build a strong defense, which could include:

• Claims that the defendant used reasonable force while acting in self-defense, in response to the other party’s intentional infliction of physical harm upon him or her;
• Proof that the accuser made false allegations against the defendant out of revenge or to gain an advantage in a custody matter; or
• Proof that the testimony of the prosecutor’s witnesses was questionable or that physical evidence was inconclusive as to guilt.

To find out more about additional defenses that you could raise on your own behalf, please call our legal team today.

The Consequences of Conviction

The penalties faced by defendants who are convicted of this offense depend on a number of factors, including whether they used physical violence in the encounter, as well as their prior criminal record. For instance, using or attempting to use physical violence against a family member is usually charged as a first-degree misdemeanor for first-time offenders. These charges are punishable by up to six months in jail and a $1,000 fine. Merely threatening to use physical force against a family member, on the other hand, is charged as a second-degree misdemeanor if it is the defendant’s first offense and is punishable by up to 30 days in jail. The penalties for conviction become more severe for second and subsequent offenses.