Domestic Violence Defense

Under Ohio law, domestic violence covers physical harm, threats of physical harm, or causing fear of imminent harm to a family or household member. That includes spouses, former spouses, people who share a child, and people living together or who have previously lived together.

A first-offense domestic violence charge is typically a first-degree misdemeanor, which carries up to 180 days in jail and a fine of up to $1,000. If the alleged victim was pregnant and the defendant knew it, or if there are prior convictions, the charge escalates to a felony.

Importantly, Ohio domestic violence cases are prosecuted by the state — not just by the alleged victim. This means the victim cannot simply drop the charges. Once the police report is filed and the case moves to the prosecutor's office, the decision to proceed is the prosecutor's, not the alleged victim's. Many people are surprised by this.

Domestic violence charges sometimes arise from contested separations, custody disputes, or situations where events were mischaracterized. The fact that police made an arrest does not establish guilt — it establishes that they had probable cause to make the arrest.

If you believe the accusation is false or significantly exaggerated, the process involves gathering evidence — text messages, emails, call records, witness statements, medical records, and any documentation that contradicts the account. This takes time and deliberate work.

Acting calmly and immediately — and not attempting to contact the alleged victim to work things out — is critical. Contact between you and the alleged victim, even if peaceful, can be used against you and may violate a protection order.