If you are accused of domestic violence in Sandusky, OH, it can impact just about every aspect of your life, even if you aren’t convicted. For help with a domestic violence case or any legal issue in Sandusky, Ohio, we’re here for you. Contact Wisehart Wright Trial Lawyers at (419) 625-7770 to schedule a free consultation with a Sandusky domestic violence lawyer.
An accusation of domestic violence can disrupt your life, even without a conviction. Beyond criminal charges, you may face civil proceedings such as divorce or custody battles, with protective orders potentially limiting contact with your home and children. With multiple agencies involved, it’s easy to feel overwhelmed, but having an experienced criminal defense lawyer ensures your rights are protected and helps you navigate the legal process.
How Wisehart Wright Trial Lawyers Can Help if You’re Arrested for Domestic Violence
When you are arrested for domestic violence in Sandusky, OH, you need a criminal defense attorney who understands the details of these cases and what is at stake for you and your family. Here’s how our law firm can help:
- We review police reports, witness statements, and all physical evidence related to your case.
- Our team works to challenge restraining orders that may remove you from your home or limit your contact with children or other family members.
- We look at the relationship background and context, finding out whether there’s a motive for the accusation, such as ongoing divorce, custody battles, or outside pressure.
- We gather records, texts, photos, and any communication between you and the other party to help show the real story behind the allegations.
- Our domestic violence attorneys push for alternative solutions such as counseling or reduced charges, especially if this is your first offense or there are signs that the situation was a misunderstanding.
Navigating a domestic violence case is confusing and stressful, but we can help. Contact Wisehart Wright Trial Lawyers to schedule a free consultation with a Sandusky domestic violence attorney.
Overview of Domestic Violence in Ohio
In Ohio, domestic violence covers more than just physical fights between spouses. The law looks at any act that causes harm or attempts to cause harm to someone in the family. That can mean actual injury, threats of harm, child abuse, or unwanted sexual behavior. Charges may come up even if nobody was actually hurt, as long as someone felt threatened or was mistreated.
Domestic abuse in Ohio applies to a wide range of relationships. The law covers former spouses, romantic partners who have lived together recently, parents and foster parents, children, stepchildren, and other close family members. It also includes families connected by marriage, like a spouse’s parents or children.
When Is Domestic Violence a Felony?
In Ohio and many other parts of the United States, many domestic violence charges are misdemeanors. However, a domestic violence charge can be raised from a misdemeanor to a felony under certain conditions, including:
- A second conviction for domestic violence can be charged as a fourth-degree felony
- A third or subsequent conviction can be charged as a third-degree felony
- Serious injuries to the victim or a situation involving felonious assault usually means the charge will be a felony
- If the victim is pregnant, even a first offense can be a fifth-degree felony. Causing harm to an unborn child can lead to a mandatory prison sentence.
- Violating a protection order during the incident makes it more likely that prosecutors will seek felony charges.
- Using a weapon in a domestic violence case almost always raises the charge to a felony.
If you have any questions about domestic violence charges, it’s a good idea to reach out to a lawyer as soon as possible.
What Are the Penalties for Domestic Violence in Sandusky, Ohio?
Domestic violence penalties change depending on the charge you’re facing, the injuries done to the victim, and your criminal history, among other things. You could be facing the following:
- Third-degree misdemeanor: For a third-degree misdemeanor, you could spend up to 60 days in jail and pay up to $500 in fines.
- Second-degree misdemeanor: A second-degree misdemeanor increases the sentence to up to 90 days behind bars or up to a $750 fine.
- A first-degree misdemeanor: A first-degree misdemeanor can carry 6 months in jail or a $1,000 fine.
- Fifth-degree felony: If you are facing a fifth-degree felony, the penalty can be from 6 months to a year in jail and fines reaching $2,500.
- Fourth-degree felony: A fourth-degree felony carries a sentence of 6 to 18 months in jail or up to a $5,000 fine.
- Third-degree felony: A third-degree felony can mean 9 months to 3 years in jail and a fine as high as $10,000.
Courts may also issue protective orders that keep you away from certain people, limit your actions, or affect child custody. Violating these orders leads to more criminal charges. If you break the rules of a protective order in Ohio, you face:
- First-degree misdemeanor: A first-degree misdemeanor if it’s your first time violating an order, which can mean up to 6 months in jail or a $1,000 fine.
- Fifth-degree felony: A fifth-degree felony if you have a past conviction for violating a protective order or domestic violence, bringing 6 to 12 months in jail and a possible fine up to $2,500.
Given how serious these penalties are, it’s important to seek out legal services as soon as possible.
What Defenses Can Be Raised if I’m Arrested for Domestic Violence?
If you have been charged with domestic violence, there are many different defenses your lawyer can raise to try to defend you and protect your future. Here are some of the most common ones:
Self-Defense
Self-defense is a common defense to domestic violence charges. Your lawyer will argue that you had a reasonable belief that you were in danger of imminent harm or death. To succeed with this defense, it must be shown that your belief was reasonable and that any force you used against the alleged victim was proportionate to the harm you were facing.
It’s important to gather evidence to help prove this argument, like photos of your injuries, statements from witnesses, or messages that show threats or past violence from the other person.
False Allegations
It’s an unfortunate reality, but people are sometimes falsely accused of domestic violence. This often occurs during heated situations like a breakup, divorce, or child custody battle. Your lawyer can help by carefully reviewing police reports, collecting texts and emails, and finding witnesses who can back up your story.
Statements from the accuser that don’t match or a lack of physical evidence can help show that you were wrongly accused. It’s important to be able to point out any ulterior motives for false claims and inconsistencies in the story told by the other side.
Accident
Not all injuries happen because of intentional harm. If what happened was an accident, your attorney will look for anything that supports this, such as witness accounts, reports from paramedics, or even security camera footage. Your lawyer will show you did not mean to hurt anyone and that the injuries were not the result of aggressive or reckless behavior.
Lack of Evidence
The prosecution must prove the charges beyond a reasonable doubt. If there are gaps in the story, missing records, or no physical proof of harm or threats, your lawyer can argue that there simply isn’t enough to convict you.
Choosing the right defense will depend on all the facts of your case.
Facing a domestic violence allegation in Sandusky, OH, can leave you feeling vulnerable and unsure about where to turn. You may have questions about what is going to happen to your relationships, your job, or your freedom. This situation moves quickly, and the choices you make early will affect what happens next.
Working with a lawyer who listens and explains the process step by step can help you find your way through a very difficult time. We’re always here to help. Contact Wisehart Wright Trial Lawyers to schedule a free consultation with a Sandusky domestic violence lawyer.