You can be charged with criminal Domestic Violence if you are accused of an act or threat of serious physical harm against a member of your family or household. This is generally charged as a Misdemeanor of the 1st degree; however, if you have been convicted of Domestic Violence in the past, a new charge can be enhanced to a Felony.
Those protected under Ohio’s domestic violence law are any persons residing or having resided with the alleged offender. This includes but not limited to:
- Spouses, former spouses or individuals living as a spouse
- Parents, guardians, or other relatives
- The child or children of the alleged offender, a spouse, an individual living as a spouse, former spouse, or another relative.
In most cases, when a person is charged with domestic violence, they are also charged with assault. On the other hand, if you are charged with assault and the alleged victim is not a family or household member, you will not be charged with domestic violence.
A person convicted of domestic violence in Ohio faces the following potential criminal penalties:
Domestic Violence Misdemeanors
First-degree misdemeanor: Six months in jail and/or a fine up to $1000
Second-degree misdemeanor: 90 days in jail and/or fines up to $750
Third-degree misdemeanor: 60 days in jail and/or a fine up to $500
Domestic Violence Felonies
Fifth-degree felony: Six to 12 months in prison and a fine up to $2500
4th-degree felony: Six to 18 months in prison and a fine up to $5000
Third-degree felony: Nine months to three years in prison and a fine up to $10,000.
Attorneys at Hayes Law are sensitive to the personal nature involved in a domestic violence matter. Contact us today to discuss the details of your case and how our office will represent your interests in this criminal matter.