Columbus Domestic Violence Defense Lawyers
If you have been charged with domestic violence in Ohio, it is crucial to understand the seriousness of these allegations and their potential impact on your life. You deserve representation from a law firm that will not only fight to protect your rights and future but also provide you with the information and answers you need in your case.
At Bowen, Scranton, & Olsen, LLC, our domestic violence attorneys are here to support you through this challenging time, providing experienced legal representation and guidance. We can help you gain a deeper understanding of the unique charges you are facing and how we can help you develop a personalized strategy to earn the ideal outcome in your case.
Protecting You Against Domestic Violence Charges
Domestic violence, often referred to as DV charges, encompasses a range of behaviors, including physical harm, threats, and emotional abuse between family or household members. In Ohio, a nonphysical threat of violence can still qualify for domestic violence charges. Even facing charges for a DV offense can affect your personal relationships, reputation and career, making it vital to get the defense you deserve in your case against charges like spousal abuse, child abuse, or menacing charges.
Being charged with domestic violence can lead to significant legal and personal repercussions. A conviction may result in jail time, fines and a permanent criminal record. It can also lead to violating a protective order, further complicating your legal situation. Additionally, false accusations of domestic violence can be incredibly damaging, emphasizing the need for a robust defense.
What Is At Stake In Assault Charges
Assault charges vary in severity, depending on the nature of the alleged crime. Misdemeanor charges like simple assault involve knowingly causing harm, such as pushing or shoving, and can carry penalties of up to six months in jail and $1,000 in fines. Negligent assault involves causing harm through negligence, typically with a weapon and may result in up to 60 days in jail. When your assault charges involve significant harm or the use of a deadly weapon, you can expect felony charges with heavy prison time and fines.
Navigating Restraining Orders And Protection Orders In Columbus
It is vital to understand the specific legal tools available when facing domestic violence allegations. In Ohio, the primary mechanisms are:
- Temporary Restraining Orders (TROs): This is an emergency, short-term order issued ex parte (without the accused present) to provide immediate safety, typically lasting until a full court hearing.
- Civil Protection Orders (CPO) This is a longer-term court order, issued after a full hearing where both parties can present evidence, that can impose extensive restrictions for up to five years.
A CPO can significantly impact a criminal defense case. Evidence and rulings from the CPO hearing may influence the parallel criminal charge for domestic assault.
Furthermore, violating an existing CPO can lead to separate criminal charges, complicating the defense strategy. Consulting a domestic violence defense lawyer in Columbus, Ohio, is critical to navigate the interplay between these civil and criminal proceedings effectively.
The Process Of Obtaining A Protection Order In Franklin County, Ohio
The process for obtaining a CPO in Franklin County begins with the petitioner filing a petition detailing the allegations at the Domestic Relations or Common Pleas Court.
A judge may immediately issue a temporary order. A full hearing is then scheduled within 7 to 14 days, where the respondent has the right to present a defense.
The court will only issue a final CPO if it finds by a preponderance of the evidence that domestic violence occurred.
What Are The Consequences Of Violating An Order?
Violating a TRO or CPO carries severe penalties under Ohio law. Consequences are not merely civil but criminal, including:
- Immediate arrest.
- Additional criminal charges, often first-degree misdemeanors.
- Potential felony charges for repeat violations.
- Jail time ranging from 180 days to 18 months and significant fines from $1,000 to $5,000.
Given these severe repercussions, strict adherence to any court order is imperative, and legal guidance is essential.
How To Defend Against A False Protection Order
Defending against a falsely alleged protection order requires a proactive and strategic legal defense. Key steps include gathering contrary evidence such as communications, witness statements or documentation of the petitioner’s motives.
At the full hearing, your domestic violence defense lawyer in Columbus, Ohio, will cross-examine the petitioner and present your evidence to challenge the credibility of the allegations. Successfully defending a false order protects your reputation, your rights and can prevent negative outcomes in related domestic violence cases.
Getting Answers To Your Questions
It is common for our clients to have a lot of questions about their case and their future. While we are here to answer any questions you may have, we also want to provide you with some peace of mind by answering these questions here:
What should you do if charged with domestic violence?
If you are charged with domestic violence, it is crucial to remain calm and seek legal representation immediately. Do not speak about any detail of your case without your attorney present, as saying the wrong thing to the wrong person can jeopardize your chances of beating your charges. Be sure also to collect any photographs, videos or messages related to your charges so we can review them for possible defense options.
What should someone do if they are accused of domestic violence in Ohio?
If you are accused of domestic violence in Ohio, it is important to take the accusation seriously and contact a criminal defense attorney as soon as possible. Do not engage with your accuser, as it could make things worse for you, and do not apologize to them, as that could be used as an admission of guilt against you. If someone has accused you of these crimes, be sure to reach out to us, even if you have not been officially charged with a crime yet.
Is it possible to expunge a domestic violence conviction in Ohio?
In Ohio, expunging a domestic violence conviction can be challenging. Generally, domestic violence convictions are not eligible for expungement or sealing. However, legal options may vary based on the specifics of the case, so consulting with an experienced attorney can provide guidance on any possible avenues for relief or reconsideration.
Contact Us Today
If you are ready to speak with a domestic violence attorney who will stand by your side and fight for your rights, call our Columbus office today at 614-254-6517 or email us here to schedule your initial consultation today.