Have you been accused of domestic violence in Norwalk, OH, and aren’t sure what comes next? A domestic violence charge can impact your freedom, reputation, and family life. The legal process can feel overwhelming without sound legal guidance. Contact Wisehart Wright Trial Lawyers at (419) 863-5922 to schedule a free consultation with a Norwalk domestic violence lawyer.
Our team brings over 180 years of combined legal experience to defending people facing domestic violence and other criminal charges such as drug possession, assault, DUI, and robbery. We know how the court systems work and can help you understand your options every step of the way.
Why Choose Wisehart Wright if I’m Arrested For Domestic Violence?
Trying to handle a domestic violence charge without legal assistance can put your rights and freedom at risk. The attorneys at our law firm know how strict courts in Norwalk, Ohio, are, and we will work hard to protect you at every stage.
Here’s what distinguishes our Norwalk criminal defense attorneys:
- We have been selected for Super Lawyers, which recognizes top attorneys in the field.
- We have been recognized by The National Trial Lawyers Top 40 Under 40 for outstanding service.
- You can expect dedicated and compassionate representation throughout your case.
Dealing with a domestic violence charge can bring stress and confusion, but you don’t have to face the justice system alone. Choosing the right domestic violence lawyer can make a difference in what happens next, and we stand out for personalized service and determination.
Contact Wisehart Wright today to schedule a free consultation with one of our experienced Norwalk domestic violence attorneys.
Overview of Domestic Violence in Ohio
In Ohio, domestic violence can be charged when a person harms, tries to harm, or threatens a family member or household member. This can mean someone knowingly causes or tries to cause physical injury.
It can also include causing serious injury by acting recklessly, even if they didn’t mean to hurt anyone. If a person uses threats to make someone else reasonably fear that they will be harmed, that is also considered domestic violence.
Who Is Protected by Ohio’s Domestic Violence Laws?
Ohio uses a broad definition of family or household members. The law protects anyone who is a spouse or former spouse, people who live together as though they are married, parents and children, and other relatives who share the same home. This coverage includes blood relatives as well as those related by marriage.
Temporary Protective Order
After a domestic violence arrest in Ohio, you’ll likely have to go before a judge for a bond hearing and could be immediately placed under a temporary protective order/restraining order. This order can bar you from contacting the alleged victim of domestic violence and might also require you to stay away from your own residence.
What Are the Penalties For Domestic Violence in Norwalk, Ohio?
In Ohio, penalties for domestic violence depend on the facts of the case, the accused’s past record, and the relationship with the victim. When deciding the charge and punishment level, the court considers how serious the act was and if the defendant has prior offenses.
Potential consequences include:
- Fourth-degree misdemeanor: This is usually charged when someone threatens immediate harm but doesn’t follow through and has no prior convictions. Punishment can be up to 30 days in jail and a fine of $250.
- Third-degree misdemeanor: If the accused threatens a pregnant victim and knows about the pregnancy, the charge goes up to a third-degree misdemeanor. This can mean up to 60 days in jail and a $500 fine.
- Second-degree misdemeanor: This charge is more serious when threats are repeated and the person already has a previous conviction. The penalty is up to 90 days in jail and a fine of $750.
- First-degree misdemeanor: A first-degree misdemeanor is causing or trying to cause physical injury or serious harm through reckless actions. This can lead to six months in jail and a $1,000 fine.
Felony Domestic Violence
Domestic violence charges become felonies when the accused has a record of similar crimes, if serious injuries occur, or if the alleged victim is pregnant. The possible consequences go up with each felony level:
- Fifth-degree felony: If the victim is pregnant and the accused knows it, causing intentional or reckless harm can result in a fifth-degree felony charge. Penalties include up to one year in prison and a $2,500 fine.
- Fourth-degree felony: If someone has a previous related domestic violence conviction and again knowingly or recklessly injures a family or household member, they can be charged with a fourth-degree felony. They face up to 18 months in prison and a $5,000 fine.
- Third-degree felony: If someone has two or more prior domestic violence convictions and then intentionally or recklessly harms a family or household member, they can be charged with a third-degree felony. This carries up to three years in prison and as much as a $10,000 fine.
These penalties make it important to take any domestic violence accusation seriously and seek experienced legal representation right away.
Collateral Consequences of Domestic Violence Convictions
A domestic violence conviction in Ohio brings more than just jail time and fines. There are long-lasting effects that can change your life in other important ways.
Loss of Firearm Rights
People convicted of domestic violence often lose their right to own or carry firearms under both state and federal law. This ban can be permanent, and breaking it could lead to more criminal charges.
Impact on Family and Child Custody
A conviction can affect decisions in divorce or child custody cases. Courts may decide someone with a domestic violence conviction should not have custody or limit contact with their children because of safety concerns.
Employment Problems
Many employers do background checks. A domestic violence conviction may cost you current or future job opportunities, especially in fields like law enforcement, teaching, or healthcare.
Immigration Consequences
If you are not a U.S. citizen, a domestic violence conviction could significantly harm your immigration status. You might face deportation or lose the chance to become a citizen.
Housing Difficulties
Public housing programs and private landlords could deny housing to those with criminal convictions, including domestic violence. Some people may have difficulty finding a place to live after a conviction.
Additionally, a domestic violence conviction can damage your personal relationships and social reputation. Friends, family members, and community members may distance themselves, and the stigma can follow you for the rest of your life. It may also limit your ability to volunteer, coach youth sports, or keep professional licenses.
Because these consequences affect many parts of a person’s life, it is important to immediately take these charges seriously and work with a criminal defense lawyer.
What Defenses Can Be Raised if I’m Arrested For Domestic Violence?
Several legal defenses may be available to someone facing a domestic violence charge in Ohio. The right defense depends on the details of each case, and presenting a strong argument can make a significant difference in the outcome.
Common defenses include:
Self-Defense
Sometimes, the accused can claim they used force only to protect themselves from immediate harm. This defense requires proof that the person genuinely felt threatened and that their actions were reasonable under the circumstances.
False Accusations
A person accused of domestic violence may be the victim of false claims because of jealousy, revenge, or other personal reasons. Pointing out inconsistencies in the accuser’s story or providing an alibi can help expose the accusation as untrue.
Lack of Proof
The prosecution must prove guilt beyond a reasonable doubt. If there are gaps in evidence or unanswered questions, the accused can argue that the state has not met its high burden of proof and that they should be found not guilty.
Wrong Suspect
Mistaken identity sometimes leads to the wrong person being charged. Showing alibi evidence that puts the accused elsewhere at the time of the alleged crime or witness statements that are unreliable may be used in this defense.
Consent
In rare cases, if the events happened with both people’s agreement and within legal limits, consent can be used as a defense. This only applies in very specific circumstances.
Choosing the most effective defense should always be based on a close review of the facts, so it’s important to seek help from a domestic violence defense attorney who can look at all the evidence.
If you or a loved one is facing a domestic violence charge in Norwalk, taking action quickly can make a difference in your case. We understand what’s at stake for you and your family. We have over 180 years of combined legal experience. Our team is ready to listen, answer your questions, and start building a strong defense on your behalf. Let us put the full weight of our experience and resources behind you.
Contact Wisehart Wright today to schedule a free consultation with a Norwalk domestic violence attorney.