SKILLED IN DOMESTIC ABUSE CASES
DOMESTIC ABUSE CASES OCCUR MORE OFTEN THAN YOU THINK AND WHEN THEY DO THE DAMAGES CAN BE SEVERE.
In Ohio, domestic abuse is a serious crime that can have a significant impact on a person’s employment, housing, and educational opportunities. If you are a resident of Toledo and have been charged with domestic
abuse, it is important to contact an experienced domestic abuse defense attorney who will work to defend your interests and may be able to get the charges reduced or even dismissed.
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ELEMENTS OF DOMESTIC ABUSE
In Ohio, a person commits domestic abuse when he or she:
- Knowingly or recklessly causes physical harm to another person; or
- Threatens a family or household member with physical force, causing that person to fear an imminent physical attack.
A knowing act means that the action was intentional, while a reckless act indicates that someone committed the act without regard for the outcome.
OTHER PRACTICE AREA CASES
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WHILE PERSONAL INJURIES ARE OFTEN REFERRED TO AS ACCIDENTS, THEY ARE OFTEN THE RESULT OF ANOTHER PERSON’S RECKLESS OR NEGLIGENT CONDUCT.
A family or household member covers a broad spectrum of individuals who reside or have resided with the accused, including his or her:
- Spouse;
- Former spouse;
- Romantic partner with whom he or she has resided within the last five years;
- Parent or foster parent;
- Child; and
- Extended family member.
The parents, children, or extended family members of the accused’s spouse, former spouse, or romantic partner also fall within this category. Additionally, regardless of residence, the other parent of any child is considered a family member in Ohio.
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PENALTIES
Domestic abuse can be charged as a felony or a misdemeanor depending on the injury caused, whether the accused had any prior convictions, or if the alleged victim was pregnant. This means that penalties for this crime can range from two months in jail and a $500 fine to a three-year prison sentence and a $10,000 fine. A person convicted of domestic violence may also be ordered to pay restitution, which requires reimbursing the victim for any costs resulting from the crime, including medical bills, therapy sessions, and the repair or replacement of damaged property.
In some cases, courts impose deferred sentences in which no jail time is required, although the defendant must still adhere to certain conditions, such as probation, community service, or counseling. If all conditions are satisfied by the end of the deferment period, and the defendant did not participate in any other criminal activity, the case will be dismissed.
HOW WE CAN HELP YOU DEFEND DOMESTIC ABUSE CHARGES
Many allegations do not actually qualify as domestic abuse, so it is important to have a firm understanding of the various defenses available. Possible defenses in domestic abuse cases include:
- Defense of others;
- Self-defense;
- False allegations;
- Lack of intent to cause injury or fear;
- Lack of proof;
- Mistaken identity; and
- Diminished capacity.
CONTACT A TOLEDO DOMESTIC ABUSE LAWYER TODAY
A charge of domestic abuse can have far-reaching consequences, so if you or a loved one were arrested for or are being charged with this crime, it is essential to retain the services of a dedicated Toledo domestic abuse defense attorney who can ensure that your rights are protected. Please contact the Toledo lawyers at Groth & Associates or complete an online case submission form and a member of our experienced legal team will help you schedule a consultation.