Were you arrested for domestic violence in Westlake, OH? Wisehart Wright Trial Lawyers can help you. Contact our office at (419) 517-9394 for a free consultation. Our Westlake domestic violence lawyers can help you respond to your charges and pursue the most favorable resolution possible under state law.
Our award-winning criminal defense law firm has over 180 years of combined experience. We believe that everyone deserves a strong defense, and we are prepared to take your case to trial if a fair plea agreement cannot be reached.
Why Choose Wisehart Wright Trial Lawyers if I’ve Been Charged With Domestic Violence in Westlake, Ohio?
Domestic violence cases move quickly in Westlake, Ohio. Prosecutors and law enforcement are eager to seek convictions and will assume that you’re guilty from the start, but the truth is that you’re presumed innocent until proven as such in a court of law.
Your case will be in capable hands if you choose Wisehart Wright Trial Lawyers to represent you. Clients turn to our Westlake domestic violence defense attorneys because:
- We bring nearly two full centuries of combined experience to every case we handle.
- We are experienced trial lawyers who prepare every case as if it is going to a jury.
- We’ve received awards and accolades from The National Trial Lawyers, Super Lawyers, Martindale-Hubbell, and other legal professional organizations
- We will bring in expert witnesses as applicable to make your defense as compelling as possible
Reach out to our Westlake criminal defense lawyers today to learn more about forming an attorney-client relationship. We can answer any questions you may have during your free case review.
How Does Ohio Law Define Domestic Violence?
Domestic violence in Ohio is governed by Ohio Revised Code § 2919.25. Under this statute, a person commits domestic violence when they either:
- Knowingly cause or attempt to cause physical harm to a family or household member
- Recklessly cause serious physical harm to a family or household member
- Knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member
The law defines “family or household member” broadly to include any of the following who reside or have resided with the defendant, just to name some examples:
- Spouses
- Former spouses
- Parents
- Children
- Stepparents
One important thing to understand is that Ohio law does not require visible injuries for a domestic violence charge to be filed. Instead, a mere allegation of attempted harm or a threat involving a deadly weapon can be enough on its own. This means that cases sometimes come down to one person’s word against another’s, creating an opportunity our criminal defense lawyers can leverage.
Types of Domestic Violence Charges in Westlake, OH
Domestic violence criminal charges in Ohio can range from misdemeanors to felonies, depending on the specific allegations and the defendant’s prior history.
Misdemeanor Domestic Violence
A first offense involving a threat of force is typically charged as a fourth-degree misdemeanor. Meanwhile, a first offense involving actual physical harm is generally a first-degree misdemeanor. While these may sound relatively minor, a misdemeanor conviction still carries the possibility of jail time and significant fines.
Felony Domestic Violence
If you have a prior domestic violence conviction or certain other qualifying offenses on your record, the charges can be elevated to a felony. A third-degree felony domestic violence charge can result in years in prison and significantly higher fines. The stakes increase further with each additional prior offense as well.
Related Offenses
Domestic violence charges in Ohio are often accompanied by related offenses. These can include assault, the violation of a protection order (restraining order), and more. Each additional charge adds to the potential penalties you are facing, which makes having experienced legal representation even more important.
Protection Orders in Ohio Domestic Violence Cases
One of the first things that often happens after a domestic violence arrest is the issuance of a temporary protection order, also known as a TPO. These orders are issued by the court and can restrict your ability to contact the alleged victim and return to your home.
A TPO is typically issued at arraignment and can remain in place throughout the case. If you are ultimately convicted, the court may issue a civil protection order that lasts for up to five years.
Violating a protection order is a separate criminal offense in Ohio that can result in additional charges and penalties. Accidental contact may still constitute a violation, which is why it is critical to understand the exact terms of any order issued against you and to follow them carefully.
Our experienced criminal defense lawyers in Westlake can help you navigate the protection order process and, when appropriate, challenge orders that were made improperly.
What Are the Potential Penalties for a Domestic Violence Conviction in Westlake?
The penalties for domestic violence in Ohio vary based on the level of the charge and whether you have any prior convictions on your record.
A fourth-degree misdemeanor conviction can result in up to 30 days in jail and a fine of up to $250. A first-degree misdemeanor carries a maximum jail term of 180 days and a fine of up to $1,000. These are the most common levels for first-time offenses, but the consequences are still serious enough to affect your life in meaningful ways.
When prior convictions are involved, however, the charges can escalate quickly. A third-degree felony domestic violence conviction can lead to up to 36 months in prison and a fine of up to $10,000. Repeat offenders face even steeper consequences, including longer prison sentences and more restrictive post-release conditions.
Beyond incarceration and fines, the court may also impose:
- Mandatory participation in a batterer intervention program
- Probation with strict conditions
- Community service
- Loss of firearm rights under both state and federal law
A conviction can also lead to a lasting criminal record. While there is a limited exception for fourth-degree misdemeanor domestic violence charges, these crimes usually cannot be expunged or sealed under state law.
Collateral Consequences of a Domestic Violence Conviction
The court-imposed penalties are only part of what you stand to lose. A domestic violence conviction can create problems in virtually every area of your life, many of which last long after you have completed your sentence.
Collateral consequences that may apply include:
- Difficulty finding housing, as many landlords run background checks
- Loss of employment or difficulty getting hired in the future
- Restrictions on family law issues, such as child custody
- Permanent loss of the right to own firearms under federal law
- Damage to personal and professional relationships
- Immigration consequences for non-citizens, potentially including deportation
- Ineligibility for certain professional licenses
Given how far-reaching these consequences are, fighting the charges from the beginning is almost always in your best interest.
What Defenses Can I Raise Against Domestic Violence Charges in Westlake?
Domestic violence cases are always built on a unique set of facts and circumstances, and the prosecution must prove each element of the charge beyond a reasonable doubt. That is the highest burden of proof in the legal system and could give our criminal defense lawyers real opportunities to challenge the case against you.
Some of the defenses that may be available, depending on your circumstances, include:
- Self-defense
- Defense of others
- False allegations
- Lack of evidence
- Violation of your constitutional rights
- Accidental injury
At Wisehart Wright Trial Lawyers, we leave nothing to chance. Our domestic violence attorneys in Westlake will review every detail of your case and develop a defense strategy that gives you the highest chance of a favorable outcome.
Set Up a Free Consultation With Our Westlake Domestic Violence Attorneys
Domestic violence charges in Westlake, OH, can upend your life in ways that go far beyond what happens in the courtroom. However, being arrested is not the same as a conviction. With the right criminal defense lawyer behind you, it may still be possible to fight back and protect your future.
Wisehart Wright Trial Lawyers brings over 180 years of combined experience to every case we take on and is here to help you next. Call our law office today to schedule a free consultation with a Westlake domestic violence attorney.