Have you been accused of domestic violence in Cleveland, Ohio? Domestic violence charges can impact every aspect of your life. Call Wisehart Wright Trial Lawyers at (216) 510-9985 for immediate legal assistance and a free consultation. An experienced Cleveland domestic violence lawyer can help you fight to protect your freedom and future.
Our criminal defense attorneys have over 181 years of experience protecting clients like you. Clients trust us because they know we have the skills to help them fight the charges and move forward with their lives. Don’t wait to get help from an experienced lawyer.
Why Should I Call Wisehart Wright Trial Lawyers for Legal Help if I Was Accused of Domestic Violence in Cleveland?
When facing criminal charges, choosing the right Cleveland criminal defense lawyer is one of the most important decisions you’ll make. Our team at Wisehart Wright Trial Lawyers brings decades of experience to the table. We know exactly how the criminal justice system works in Ohio. We’ve already helped countless clients secure not guilty verdicts.
Here are some of the reasons clients in Cleveland, OH, trust our team when it matters most:
- We listen and provide straightforward advice and guidance at every turn
- Members of our team have been recognized by Super Lawyers’ Top 40 Under 40
- We have the knowledge and skill to handle your case from start to finish
When you hire us, we’ll immediately start working to have the charges downgraded or your case dismissed. To learn about how our Cleveland criminal defense attorneys can protect you during this challenging time, call for a free consultation.
An Overview of the Domestic Violence Laws in Ohio
Domestic violence in Ohio is not a single criminal offense. It’s a broad classification of crimes committed against protected individuals. The key element is the relationship between the parties.
Under Ohio law, a person can be convicted of domestic violence if they:
- Knowingly cause physical harm or attempt to cause physical harm to a protected individual
- Recklessly cause serious physical harm to a protected individual
- Knowingly and with a threat of force cause a protected individual to believe they will cause imminent physical harm
Law enforcement officials in Ohio can make an arrest if they have reasonable cause to believe that domestic violence is happening. That’s true even if an alleged victim doesn’t want to cooperate or press charges. Police might make an arrest even if they don’t fully understand the situation.
It’s important to take the situation seriously. Domestic violence charges can immediately upend your life. Impacts can extend far beyond an arrest itself. If you’re dealing with domestic violence, contact our Cleveland domestic violence defense attorneys immediately.
Who Is Eligible for Relief Under Ohio Domestic Violence Laws?
Protected individuals in Ohio include family and household members. The definition of “family and household members” is fairly broad.
That might include:
- Spouses and former spouses
- Dating partners and former dating partners
- People living together as though married
- Someone with whom the victim shares a child
- Children
- Parents
- Parents and children of spouses or former spouses
- Co-habitants and former co-habitants
- Family members
Domestic violence cases involve actions that would be crimes if the parties were strangers. Special domestic violence rules apply because of the relationship of trust that exists between the parties.
What Offenses Count as Domestic Abuse in Ohio?
In reality, domestic violence covers many different criminal offenses. Examples include:
- Assault
- Threats of violence, if they give the victim a reasonable belief that they’re in immediate physical danger
- Child abuse
- Stalking and trespassing
- Rape and sexual assault
- Sexually oriented offenses
Remember that you don’t actually have to harm the victim to be accused of domestic violence. A credible threat of serious physical harm is enough.
What Are the Possible Criminal Penalties for Domestic Violence in Cleveland?
Penalties for domestic violence will depend on the facts. The severity of the underlying offense is a key factor. Your prior criminal history will also be considered. Domestic violence can be a felony or misdemeanor under the Ohio Revised Code.
Possible Penalties for Misdemeanor Domestic Violence Convictions in Ohio
The precise charges will depend on the circumstances. Repeat offenses result in steeper penalties.
Potential criminal penalties for a misdemeanor domestic violence conviction can include:
- Fourth-degree misdemeanor convictions can carry up to 30 days in jail and a $250 fine
- Third-degree misdemeanor charges can carry up to 60 days in jail and a maximum $500 fine
- Second-degree misdemeanor can carry up to 90 days in jail and a fine of up to $750
- First-degree misdemeanor convictions can carry penalties of up to 180 days in jail and a maximum $1,000 fine
Even a misdemeanor conviction can carry significant penalties. If you’ve been charged with a crime, call our Cleveland domestic violence attorneys to start protecting your legal rights today.
Possible Penalties for Felony Domestic Violence Convictions in Ohio
Domestic violence is a serious offense. Felony charges are always a possibility. Penalties for a felony conviction are serious and can include:
- Fifth-degree felony convictions carry between six and 12 months in jail and a maximum $2,500 fine
- Fourth-degree felony convictions carry between six and 18 months in jail and $5,000 in fines
- Third-degree felony convictions carry between nine months and five years in prison, plus up to $10,000 in fines
More serious felony charges are possible in cases involving the most severe violent crimes.
What Are the Collateral Consequences Associated With a Domestic Violence Conviction in Cleveland?
Criminal convictions–and even allegations–have consequences that extend far beyond prison time.
Those collateral consequences may include:
- Probation or parole
- Anger management treatment and counseling
- Loss of child custody or visitation and other family law difficulties
- Damage to personal relationships
- A permanent criminal record, which must be disclosed when applying for a job or housing
- Immigration problems and deportation
- Loss of voting rights
- Loss of your right to own or possess a firearm
- Loss of professional licensing
- Community service
- Mandatory drug or alcohol treatment, testing, or counseling
- Sex offender registration in cases involving sex crimes
Even allegations of domestic violence can have a significant impact on your reputation. These accusations can impact every aspect of your life. To learn more about how our attorneys in Cuyahoga County can help you minimize the fallout, call our law firm today.
Domestic Violence Protection Orders in Cleveland Can Have a Serious Impact
After a domestic violence arrest, a temporary protective order (TPO) may be put into place. The restraining order can ban you from contacting the alleged victim. It can force you to stay away from a shared residence.
Temporary restraining orders can stay in place until the criminal case has been resolved. It’s also possible that the alleged victim will pursue a more lasting restraining order.
It’s critical to comply with the terms of any TPO. That’s true even if you were entirely innocent when it comes to the underlying charges. Violating a civil protection order is a criminal offense. It’s also important to hire an attorney who can protect your interests.
What Defenses Can Be Raised Against Domestic Violence Charges in Cleveland?
Every domestic case involves a unique set of facts. A strong legal defense is always critical. There are some defense strategies that are relevant in a wide range of cases. While our attorneys build a custom defense in every case, some examples of effective legal defenses to domestic violence include:
- False allegations: Unfortunately, false allegations are not uncommon in domestic violence cases. Our lawyers will review every scrap of evidence to identify any inconsistencies
- Lack of evidence: Prosecutors must prove their case beyond a reasonable doubt. If the evidence is insufficient, our attorneys will attack any holes
- Self-defense: Emotions can run high in any domestic relationship. Proving that you were only trying to defend yourself against an aggressor can be a valid defense
- Lack of intent: A key element of the domestic violence offense is intent. The prosecutor must prove you acted knowingly or recklessly
Our attorneys carefully examine the prosecution’s case for weaknesses, including potential constitutional violations that could result in key evidence being excluded. We also gather evidence to support your defense by subpoenaing records, interviewing witnesses, and conducting a thorough investigation.
If you’re facing domestic violence charges in Cleveland, contact us as soon as possible so we can begin building your defense.
Call for a Free Consultation With an Experienced Cleveland Domestic Violence Lawyer Today
If you were charged with domestic violence in Cleveland, Ohio, you deserve experienced legal representation. Our team at Wisehart Wright Trial Lawyers can step in immediately to protect your interests. Taking legal action quickly can make a huge difference.
Call us today to learn more about how an experienced Cleveland domestic violence attorney can help during a free consultation.