Wisehart Wright Trial Lawyers | September 1, 2025 | Domestic Violence
Domestic violence is taken very seriously under Ohio law. These cases involve allegations of causing or attempting to cause harm against a spouse, former spouse, cohabitant, or family member. While some charges are filed as misdemeanors, there are many circumstances where domestic violence is treated as a felony.
The difference often depends on the severity of the incident and the defendant’s prior record, among other considerations. Read on to learn more, and contact a defense attorney for a free case review if you are facing charges.
Misdemeanor Domestic Violence
A first-time allegation that does not involve serious injury is typically classified as a misdemeanor. For example, causing or attempting to cause minor harm without prior convictions often results in a first-degree misdemeanor. This can still carry up to six months in jail and significant fines.
Threatening a family or household member can result in a fourth-degree misdemeanor charge as well under Ohio law. Lower-level charges like these should not be underestimated, as they can still leave you with a potentially permanent criminal record.
When Domestic Violence Becomes a Felony
Domestic violence rises to the felony level under several circumstances in Ohio:
- Prior convictions: A second offense may be charged as a fourth-degree felony, while multiple prior convictions can escalate the charge to a third-degree felony.
- Serious physical harm: If the alleged victim suffers serious bodily injury, the offense is often classified as a felony regardless of history.
- Victim status: Crimes against pregnant women are automatically treated more severely. If the pregnancy results in injury to the unborn child, the penalties increase further.
- Strangulation or suffocation: Under Ohio law, these specific acts are frequently charged as felonies because of the extreme risk they pose.
The penalties for felony convictions are much harsher than misdemeanors. Prison sentences can range from six months to several years, and fines may reach tens of thousands of dollars.
Protective Orders and Collateral Consequences
Beyond jail or prison time, a domestic violence case can also involve the issuance of a civil protection order. These orders can impose restrictions like preventing contact with the alleged victim, removing you from your home, and impacting custody arrangements. If a protective order is issued against you, it could seriously affect your life even if you aren’t ultimately convicted.
Collateral consequences of a felony conviction in Ohio can include the inability to possess firearms and difficulty finding housing or employment. These indirect effects often last longer than the actual sentence imposed by the court.
Building a Defense
There are many potential defenses you can raise to domestic violence charges in Ohio. Common strategies include challenging the credibility of the allegations, arguing self-defense, or showing that the prosecution cannot prove the required elements beyond a reasonable doubt. In some cases, evidence may be excluded if law enforcement violated your constitutional rights.
Having a skilled criminal defense lawyer on your side is essential in these cases. An attorney can investigate the circumstances of your case and gather any exculpatory evidence that may be available. In some situations, charges may be reduced or dismissed entirely if your lawyer can negotiate successfully with the prosecution.
Contact a Port Clinton Criminal Defense Lawyer at Wisehart Wright Trial Lawyers for Help if You’re Facing Charges
Domestic violence can be assessed as either a misdemeanor or a felony in Ohio. Various factors can influence the exact charges and penalties you will face, including whether you have any prior convictions. However, in any event, the key thing to remember is that you’re innocent until proven guilty.
An experienced criminal defense attorney can help you fight back against the prosecution and work to have your charges dismissed if at all possible.
For more information, contact the Port Clinton domestic violence law firm of Wisehart Wright Trial Lawyers to schedule a free initial consultation.
We have five convenient locations in Ohio: Sandusky, Port Clinton, Vermilion, Norwalk, and Huron.
Wisehart Wright Trial Lawyers – Sandusky
502 W Washington St,
Sandusky, OH 44870
(419) 625-7770
Wisehart Wright Trial Lawyers – Port Clinton
132 Madison St,
Port Clinton, OH 43452
(419) 871-3995
Wisehart Wright Trial Lawyers – Vermilion
1513 State Rd,
Vermilion, OH 44089
(440) 967-6136
Wisehart Wright Trial Lawyers – Norwalk
13 Whittlesey Ave,
Norwalk, OH 44857
(419) 863-5922
Wisehart Wright Trial Lawyers – Huron
202 Cleveland Rd W unit 1
Huron, OH 44839
(419) 827-5884