If you have been arrested for domestic violence, seek the assistance of Moermond & Mulligan, LLC. Domestic violence charges could damage a person’s reputation and limit his or her employment opportunities. Employers may hesitate to hire someone with a history of violence. Our domestic violence attorney in Dayton can help defend you against this serious charge and work toward a more positive outcome. Our Dayton criminal defense attorneys are experienced in handling domestic violence cases and addressing clients’ concerns while ensuring confidentiality. Your reputation and future are extremely important to us.
Have you been accused of domestic violence in Ohio? Call Moermond & Mulligan, LLC, today at (937) 228-9790 or contact us online to schedule a consultation with our Dayton domestic violence lawyers. We serve Hamilton, Brown, Allen, Clermont, Warren, Montgomery, and Butler counties, emphasizing our local expertise in Montgomery County.
Domestic Violence Charges in Ohio
According to Ohio Rev. Code Ann., §2919.25, defining domestic violence involves knowingly or recklessly causing or attempting to cause physical harm to a family or household member. The domestic violence statute is important as it defines the specific actions classified as domestic violence and the legal implications of such charges. Depending on the severity of the offense, domestic violence can be either a misdemeanor or a felony.
A family or household member is defined as any of the following:
- A spouse, former spouse, or romantic partner with whom the offender has lived for at least five years
- The child of the offender
- The parent or foster parent of the offender
- The parent or child of the offender’s spouse, former spouse, or romantic partner
- An extended family member of the offender or his or her spouse, former spouse, or romantic partner
Understanding Ohio domestic violence charges is essential for recognizing the potential penalties. It is also important as your domestic violence lawyers in Dayton can know which legal defenses may be employed for your case.
Domestic Violence Court Process
After an arrest for domestic violence, an individual will go through several processes as they attempt to resolve their case.
The legal proceedings may include the following:
Arraignment
This is the initial hearing the individual will attend. During the arraignment, a judge will explain the charges and ask for a plea. They may also set bail. Because of the seriousness of these matters, the judge will consider several factors before setting bail, such as whether there is a history of domestic violence, whether the alleged offender suffers from a mental health issue, and whether they pose a threat to others. It is crucial to have a Dayton domestic violence lawyer to navigate this process and advocate on behalf of the accused.
Protection order hearing
The alleged victim may file a motion for an order of protection, which, if granted, would prevent the offender from having any contact with the victim or others. The court may issue a protection order and set bail as a condition of pretrial release. If the alleged offender violates the protection order, they could be charged with a first-degree misdemeanor.
Pre-Trial
During this phase, motions are filed, and the defense and prosecution may enter into plea negotiations. Domestic violence matters pose serious risks to others, which means it’s unlikely charges will be reduced or dropped, or any diversion programs will be offered. A pre trial hearing is a crucial step where the defense attorney reviews the prosecutor’s evidence and discusses the admissibility of that evidence with the prosecutor, significantly influencing the potential outcome of the case.
Trial
The case will progress to the trial, where both sides present evidence to support their arguments. The State has the burden to prove beyond a reasonable doubt that the defendant committed the alleged offense.
Sentencing
If a judge or jury finds the defendant guilty, they will be sentenced. In other words, the judge will determine what penalties to impose.
Penalties for Domestic Violence in Ohio
Domestic violence is a serious offense that comes with severe consequences that could follow you around for life. The penalties for a misdemeanor domestic violence conviction vary depending on the severity of the crime.
You could be penalized with the following:
- A restraining order
- Expensive fines
- A criminal record
- Community service
Violating a protection order is a criminal offense and can lead to additional legal consequences.
The criminal charges and punishments in criminal cases are tied to the specific conduct involved in the offense. Your domestic violence lawyer in Dayton, Ohio, can further explain other penalties for domestic violence charges.
Domestic violence crimes are charged and penalized as follows:
Fourth-Degree Misdemeanor
- Charged when a person:
- Knowingly makes a family or household member fear immediate physical harm
- Penalties include:
- Up to 30 days in jail and/or
- Up to $250 in fines
A domestic violence arrest for a fourth-degree misdemeanor in Ohio requires probable cause and can have significant legal implications, making it important to seek legal counsel.
Third-Degree Misdemeanor
- Charged when a person:
- Knowingly places a pregnant family or household member in fear of immediate physical harm
- Penalties include:
- Up to 60 days in jail and/or
- Up to $500 in fines
Domestic violence arrests for a third-degree misdemeanor can lead to significant legal and emotional consequences, making it crucial to seek legal counsel of a Dayton domestic violence attorney immediately.
Second-Degree Misdemeanor
- Charged when a person:
- Has 1 prior domestic violence conviction and knowingly threatens immediate physical harm against a family or household member
- Penalties include:
- Up to 90 days in jail and/or
- Up to $750 in fines
In cases of second-degree misdemeanors, individuals may also face domestic violence trials, which involve complex legal testimony and specific exemptions under Ohio law.
First-Degree Misdemeanor
- Charged when a person:
- Knowingly causes or tries to cause harm to a family or household member,
- Recklessly causes serious physical harm to a family or household member, or
- Has 2 prior domestic violence convictions and knowingly makes a family or household member fear immediate harm
- Penalties include:
- Up to 6 months in jail and/or
- Up to $1,000 in fines
In first-degree misdemeanor cases, it is important to hire a domestic violence defense attorney in Dayton to handle the complexities of the charges and provide essential guidance throughout the legal process.
Fifth-Degree Felony
- Charged when a person:
- Knew the family or household member was pregnant and either:
- Knowingly caused or threatened to cause physical harm, or
- Recklessly caused serious physical harm
- Penalties include:
- Up to 12 months in prison, with a mandatory minimum of:
- 6 months, or
- 12 months if the offender caused serious physical harm to an unborn or termination of pregnancy; and/or
- Up to $2,500 in fines
Understanding domestic violence laws is crucial in fifth-degree felony cases to navigate the legal definitions and potential defenses effectively.
Fourth-Degree Domestic Violence Felony
- Charged when a person:
- Has 1 prior domestic violence charge and:
- Knowingly caused or attempting to cause physical harm to a household or family member, or
- Recklessly caused serious physical harm to a household or family member
- Penalties include:
- Up to 18 months in prison, with a mandatory minimum of
- 6 months, or
- 12 months if an unborn was seriously physically harmed or a pregnancy was terminated because of the conduct; and/or
- Up to $5,000 in fines
Domestic violence allegations in fourth-degree felony cases can lead to severe legal consequences, emphasizing the importance of legal representation for those accused.
Third-Degree Felony
Charged when a person:
- Has 2 prior domestic violence convictions and either:
- Knowingly caused or tried to cause harm to a family or household member, or
- Recklessly causes serious physical harm to a family or household member
- Penalties include:
- Up to 3 years in prison, with a mandatory minimum of
- 6 months, or
- 12 months if serious physical harm was caused to an unborn or a pregnancy was terminated as a result of the offense; and/or
- Up to $10,000 in fines
Furthermore, a convicted individual may be required to pay restitution to domestic violence victims, which may include reimbursement for things like property damage, medical bills, and the cost of counseling.
In addition to these penalties, law enforcement officers may place a convicted individual on probation and/or order them to perform community service. A conviction, especially one for a violent crime, could harm a person’s reputation in the future and limit their job and housing prospects. Felony convictions can also result in a loss of the right to own or carry firearms, vote, serve as a juror (for seven years), or hold public office.
Domestic violence allegations in third-degree felony cases can have serious legal consequences, making it important to seek legal representation. That’s why it is important to work with a trusted and experienced Dayton domestic violence lawyer. Our attorneys at our Ohio criminal law firm have the experience you need to fight your case.
Possible Defenses Against Domestic Violence Charges
Just because you have been charged with domestic violence doesn’t mean you are guilty. Having a skilled criminal defense lawyer can make a significant difference in your case.
Here are some possible defenses to domestic violence accusations:
- False allegations. Some individuals may make false allegations out of spite, particularly in contentious divorce or child custody cases.
- Self-defense. A defendant may have been acting in self-defense to protect themselves or their children.
- Lack of proof. A defendant cannot be convicted of domestic violence if the prosecutor can’t meet the requisite burden of proof.
Effective legal representation is crucial in defending against domestic violence charges and achieving favorable outcomes.
Why Hire Moermond & Mulligan, LLC
Backed by more than five decades of combined experience, our domestic violence law firm has the insight and resources required to tackle even the most complex cases. Our firm is recognized by the National Trial Lawyers Top 100, establishing our credibility and commitment to excellence. Always reliable and dedicated, our firm has earned the respect of our peers and favorable reviews from previous clients. Our legal team benefits from the expert direction of Attorney L. Patrick Mulligan, who is a Board Certified Criminal Law Specialist by the National Board of Trial Advocacy. When it comes to handling domestic violence cases, our experienced domestic violence attorney leaves no stone unturned in order to determine if the allegations are unfounded or in search of another defense strategy.
Contact Our Domestic Violence Lawyer Today
Domestic violence cases require swift and strategic legal action, especially for those facing domestic violence charges. We encourage you to get in touch with a domestic violence attorney at our criminal law firm as soon as possible for the legal guidance and domestic violence resources you need to navigate Ohio’s judicial system. Should you choose to entrust your domestic violence case to Moermond & Mulligan, LLC, you can rest assured it is in good hands.
Contact us today to get started on your defense with our Dayton domestic violence attorney. Our experienced criminal defense attorneys are here to provide the legal guidance and representation you need. We can get you the justice you need.
Last Updated: 04-28-2025