Victims of Domestic Violence
According to the National Coalition Against Domestic Violence, every minute of the day, 20 people will experience some form of domestic violence. Domestic violence is a crime that is present in every community. It doesn’t discriminate against gender, socio-economic status, race or religion.
Because of the serious nature surrounding family relationships, domestic violence is a crime that is not taken lightly in the state of Ohio. Deciding to bring justice upon a family or household member who has been violent towards you can be scary. You may feel alone or fear future abuse, but Joslyn Law Firm will be with you every step of the way.
Domestic Violence Lawyer in Columbus, OH
You and your family do not deserve to endure any more violence. Joslyn Law Firm is here to help you bring justice on the person that has caused pain to you and your loved ones. You are not alone.
The attorneys at Joslyn Law Firm are experienced in domestic violence. They will explore every legal option available in order to facilitate the best possible outcome for you. Joslyn Law Firm is available to you 24/7. We will listen to your story and vigorously advocate on your behalf.
Find a legal partner for life. Contact Joslyn Law Firm today or submit your information in the online contact form. We look forward to hearing from you.
The attorneys at Joslyn Law Firm proudly represent clients in counties in central Ohio that include Franklin County, Delaware County, Union County, Madison County, Pickaway County, Fairfield County and Licking County.
Domestic Violence Under Ohio Law
Domestic violence relates to the relationship between the victim and the offender, not where the violence takes place. Domestic violence can take place between family members and household members.
The Ohio Revised Code defines family and household members and any of the following that is or has lived with the abuser:
- A spouse
- A former spouse
- A person living as a spouse
- A parent
- A foster parent
- The abuser’s child
- Any person related by blood or marriage
A person living a spouse is defined under section 2919.35 of the ORC as a person who is living or has lived with the offender in a common law relationship, cohabited with the offender or lived with the offender five years before the offense took place.
Any person who does the following is considered guilty of domestic violence:
- Knowingly causing or attempting to cause physical harm to a family or household member.
- Recklessly causing serious physical harm to a family or household member
- Knowingly causing, by threat or force, a household or family member to believe an offender will cause them imminent physical harm.
Common Domestic Violence Offenses
No two domestic violence cases are the same. Many criminal offenses can be committed in tandem with domestic violence. Some of the most common domestic violence offense can include:
- Child Abuse/ Neglect: There are many acts that Ohio law considers child abuse or neglect. The revised code considers a child to be abused if they have been endangered, the victim of sexual activity, displays a mental or physical injury or killed.
- Violation of Protection Order: A person is considered to have committed this criminal offense when he or she fails to comply with the terms of a domestic violence protection order.
- Sexual Battery: This can occur when an offender knowingly coerces another to submit to sexual acts or engage in a sexual act without the person consent, or while they are impaired.
- Rape: This is considered engaging in sexual conduct without consent through force or while the other person’s ability to resist is impaired.
- Stalking/ Menacing by Stalking: This can occur in person or through electronic means. Ohio laws considers this to be knowingly engaging in a pattern of conduct that could cause the victim to believe the offender will cause mental distress or physical harm.
If you are the victim of domestic violence, you will need the guidance of an attorney who understands the sensitive nature of such a crime. Joslyn Law Firm will do everything in their power to ensure the person who caused you harm is brought to justice.
Types of Protective Orders in Ohio
Sometimes a protective order is necessary for victims of domestic violence. Under Ohio law, protective orders are used to direct an abuser to do or not do certain things. A judge will sign a document stating the terms they are required to follow, or they will face legal penalties.
There are two types of protective orders under Ohio law: civil protection orders (CPO) and temporary protection orders (TPO).
Civil protection orders can be issued for up to five years from the date of issue. You can apply for a CPO even if criminal charges have yet to be filed against an abuser. A CPO may include the following:
- Direct the abuser to stop the abuse
- Award temporary custody
- Order the abuser to attend counseling
- Grant you possession of the house
- Prohibit the abuser from entering the home, school or your place of employment or other family members.
Temporary protection orders remain in effect for a shorter period of time and offer more limited relief than a CPO. They are ordered in connection with a criminal domestic violence case and are only valid for the duration of a case, which is usually a few months.
A TPO can order an abuser to do or not do what is mentioned above, but it cannot contain orders for child and spousal support, award use of property or direct the abuse to attend counseling.
To be eligible to file a restraining order, certain relationship requirements need to be met. Under Ohio law, you can file a protective order against the following people:
- Your current or former spouse
- A person you are dating or have dated
- Anyone you share a child with
- Anyone who lives in your home or has lived in your home.
How is Domestic Violence Penalized in Ohio?
Domestic violence is a crime that can follow an offender for the rest of their life. If it is discovered that your abuser violated section 2919.25 of the ORC, they will be found guilty of domestic violence and sentenced to time in jail an hefty fines.
How an offender is penalized is largely dependent on how the offense was committed. Listed below are the penalties for domestic violence in Ohio:
If an offender knowingly caused imminent physical harm by threat or force, they could be charged with a fourth-degree misdemeanor that is punishable by:
- No more than 30 days in jail
- Up to $250 in fines
An abuser is found to have caused or attempted to cause physical harm could be charged with a first-degree misdemeanor that is punishable by:
- No more than 180 days in jail
- Up to $1,000 in fines
If the offender knew a victim was pregnant at the time of the offense or caused the termination of a woman’s pregnancy, they could be charged with a fifth-degree felony. A fifth-degree felony is punishable by the following:
- A mandatory 12 months in prison
- Up to $2,500 in fines
Additional Recourses for Victim of Domestic Violence in Columbus, OH
Domestic Violence |Ohio Revised Code– Familiarize yourself with the state’s domestic violence laws. You can read the precise legal definition of the crime and how it’s penalized. The statute can be read on the Ohio Laws and Rules website.
Ohio Domestic Violence Network– Visit the website for the Ohio Domestic Violence Network. You can gain access to resources such as information for victims, prevention tips and domestic violence and the law. The ODVN is an organization that advocated for an oppression and violence free life.
Attorney for Domestic Violence Victims in Columbus, OH
If you are planning to file a domestic violence suit in Columbus, OH, you will need the guidance of an experienced attorney. We understand the sensitive nature of domestic violence, and the Joslyn Law Firm will do everything we can to make sure you are protected.
You are not alone in this. Joslyn Law Firm will be with you every step of the way. To schedule a free consultation, call or submit your information in the online contact form. We represent clients in central Ohio counties that include Franklin County, Delaware County, Union County, Madison County, Pickaway County, Fairfield County and Licking County.