Domestic Violence is a serious offense in Ohio that carries lengthy terms of incarceration, can prevent you from owning a firearm, and will impact any divorce or child custody proceedings you may be part of. Therefore, it is essential that you hire an experienced criminal defense attorney if you have been accused of domestic violence in Ohio.

What is Domestic Violence in Ohio?

Assault occurs when violence or threats occur between individuals. However, when these actions arise between family or household members, it is charged as domestic violence. Domestic violence, pursuant to Ohio Revised Code 2919.25, is:

1. Knowingly causing or attempting to cause physical harm to a family or household member;
2. Recklessly causing serious physical harm to a family or household member; or
3. By threat or force, knowingly causing a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Domestic Violence is not isolated to physical harms. It can also include threats to inflict physical harm and harming a household pet.

Ohio Domestic Violence Penalties

Domestic Violence can be charged as a felony or as a misdemeanor in Ohio depending upon several factors, such as the severity of the conduct and the perpetrator’s prior criminal history.

4^th Degree Misdemeanor

Domestic Violence can be charged as a 4^th degree misdemeanor pursuant to ORC 2919.25(C) if the person, by threat or force, knowingly caused a family or household member to believe that the person would cause imminent physical harm to the family or household member. The offense carries 30 days in jail and a $250 fine.

2^nd Degree Misdemeanor

If a person knowingly causes or attempts to cause physical harm to a family or household member, or recklessly causes serious physical harm to a family or household member and has been convicted or pled guilty to a violation of 2903.14 (Negligent Assault), 2909.06 (Criminal Damaging or Endangering), 2909.07 (Criminal Mischief), 2911.12 (Burglary), 2911.211 (Aggravated Trespass) or 2919.22 (Endangering Children) if the victim was a household or family member, a violation of 2919.25(C) is a 2^nd degree misdemeanor.

The offense carries 90 days in jail and a $750 fine.

1^st Degree Misdemeanor

A conviction for a violation of 2919.25(A) or (B) is a 1^st degree misdemeanor carrying 6 months in jail and a $1000 fine.

If the person has been convicted of two or more prior domestic violence offenses or two or more of the following – 2903.14 (Negligent Assault), 2909.06 (Criminal Damaging or Endangering), 2909.07 (Criminal Mischief), 2911.12 (Burglary), 2911.211 (Aggravated Trespass) or 2919.22 (Endangering Children) if the victim was a family or household member – a violation of 2919.25(C) is a 1^st degree misdemeanor.

4^th Degree Felony

If the person has been convicted of a prior domestic violence or violation of 2903.14 (Negligent Assault), 2909.06 (Criminal Damaging or Endangering), 2909.07 (Criminal Mischief), 2911.12 (Burglary), 2911.211 (Aggravated Trespass) or 2919.22 (Endangering Children) if the victim was a family or household member, or any offense of violence if the victim was a victim or household member, a violation of 2919.25(A) or (B) is a 4^th degree felony.

This offense carries 6 – 18 months in prison and a $5000 fine. However, if the offender knew that the victim was pregnant, the court will impose a mandatory prison term of 6 months. If the person caused serious physical harm to the pregnant woman’s unborn or caused the termination of the woman’s pregnancy, the court will impose a mandatory prison term of at least 12 months.

3^rd Degree Felony

If the person has been convicted of two or more prior domestic violence offenses, or two or more of the following – 2903.14 (Negligent Assault), 2909.06 (Criminal Damaging or Endangering), 2909.07 (Criminal Trespass), 2911.12 (Burglary), 2911.211 (Aggravated Trespass) or 2919.22 (Endangering Children) if the victim was a family or household member – a violation of 2919.25(A) or (B) is a 3^rd degree felony.

This offense carries 9 months – 3 years in prison and a $10,000 fine.

Domestic Violence Defenses in Ohio

Domestic Violence allegations are not always factual and can arise because of a variety of other factors. Several defenses exist under Ohio law that can be raised if you have been charged with domestic violence. The following is a list of possible defenses.

Self-Defense

Domestic Violence allegations sometimes originate from a person who initiated an attack. If the alleged victim was the person who attacked the alleged offender, self-defense may be a viable defense because of the necessity of defending oneself.

Defense of Others

Sometimes a domestic violence allegation arises from a situation that necessitated a person using force against a family or household member to prevent that person from inflicting harm upon another. The person using force can argue that they were simply defending a person from attack.

False Allegations

Family or household members occasionally accuse a person of domestic violence to gain an advantage in child custody or divorce cases. If the allegations are false, this defense can be presented.

Columbus and Delaware, Ohio Domestic Violence Attorney

If you have been charged with Domestic Violence in Columbus or Delaware, Ohio, contact Attorney David Johnson of Johnson Legal, LLC to discuss your case. As an experienced and knowledgeable criminal defense attorney in Columbus and Delaware, Ohio, Attorney David Johnson can help you fight the charge and achieve the best possible outcome.

Johnson Legal, LLC serves the following cities in the central Ohio area for Domestic Violence Defense:

Westerville, Worthington, Columbus, Polaris, Reynoldsburg, Grandview Heights, Shawnee Hills, Bexley, Pickerington, Gahanna, Sunbury, Powell, Upper Arlington, New Albany, Dublin, Hilliard, Lewis Center, Galena, Clintonville, Huber Ridge, Blacklick, Grove City, Delaware, Marysville, Groveport, Newark, Canal Winchester, Obetz, Marion, Pataskala, Franklin County, Morrow County, Licking County, Union County and Delaware County