Domestic violence charges in Dayton are a very serious matter that can result in serious penalties and repercussions. An individual accused of domestic violence can face any of the following:
- Jail or prison time,
- A criminal record,
- Public embarrassment or humiliation,
- An inability to own or possess a firearm,
- An inability to be admitted into certain educational programs, and/or
- An inability to pursue certain jobs, occupations or professions.
Typically, domestic violence accusations can arise from another underlying situation. For example, the alleged victim will falsely accuse a family member or someone they are in a dating relationship with of committing domestic violence. These allegations can be caused by anger, child custody proceedings, anger, or to gain a more favorable position in a divorce.
Domestic violence charges in Dayton do not necessarily have to result in a conviction. The state prosecutor must prove you committed every element of the offense beyond a reasonable doubt. This can be a very difficult burden to establish and any doubt in the mind of the judge or jury can result in a reduction or dismissal of the charges against you. Therefore, it is important to contact an experienced criminal defense attorney in Dayton to help you identify the best legal strategy for your particular situation.
Dayton Domestic Violence Lawyer
Contact the Joslyn Law Firm for a consultation today about your alleged domestic violence offense throughout the areas of Dayton, Kettering, Huber Heights, Troy, Piqua, Springfield, Beavercreek and Fairborn. Brian Joslyn is experienced defending domestic violence accusations in Ohio and will make every effort to help you achieve the most desirable outcome for your particular situation. Contact the Joslyn Law Firm for a free consultation at (614) 444-1900 if you have been charged with a domestic violence offense throughout Dayton, Ohio.
Dayton Domestic Violence Information Center
- Dayton Domestic Violence Definitions
- Domestic Violence Offenses in Dayton
- Dayton Penalties for Domestic Violence
- Domestic Violence Resources in Dayton
- Family or Household Member – A family or household member can include anyone who resides or has resided with an alleged domestic violence offender in the past, including any person related by blood or marriage, a spouse, former spouse, child of the alleged offender, person living as a spouse, parent, foster parent, or a co-parent of a child with the alleged offender.
- Protection Order – A protection order is an order granted by the court after a hearing to prevent contact between an alleged domestic violence offender and an alleged victim. The protection order generally includes a number of injunctions that require the alleged offender to refrain from committing certain acts.
- Protection Order Hearing – A protection order hearing occurs to determine of domestic violence has occurred and will occur in the future. If the court finds both of these elements to exist, the court will issues a protection order against the alleged domestic violence offender.
- Petitioner – The petitioner is the alleged domestic abuse victim and typically requests a protection order against the individual who committed a domestic violence offense.
- Respondent – The respondent is the alleged domestic violence offender and the individual who a protection order is requested against.
Domestic violence is generally defined under section 2919.25 of the Ohio Revised Code as the commission of any of the following to a family or household member:
- A sexually-oriented offense;
- An act that would result in the abuse of a child;
- Knowingly causing or attempting to cause physical harm;
- Recklessly causing physical harm; or
- Threatening force of physical harm.
Some of the most commonly charged domestic violence offenses are defined as follows:
- Protection Order Violation – According to section 2919.27 of the Ohio Revised Code, an individual can be charged with this offense if they recklessly violate the terms of a protection order. For example, if the respondent goes to the petitioner's place of business, they may be in violation of their protection order. This offense is generally punishable as a misdemeanor of the first degree, but may also be punishable as a felony offense.
- Domestic Assault – According to section 2903.13 of the Ohio Revised Code, an individual can be charged with this offense if they recklessly or knowingly cause or attempt to cause harm or serious physical harm to a family or household member. This offense is generally punishable as a misdemeanor of the first degree, felony of the third degree, felony of the fourth degree or felony of the fifth degree.
- Sexual Battery - According to section 2907.03 of the Ohio Revised Code, an individual can be charged with this offense if they engage in sexual conduct with another person against their will. This offense is generally punishable as a felony of the third degree or felony of the second degree.
- Endangering Children – According to section 2919.22 of the Ohio revised Code, a parent, guardian, custodian or another person that has control over a child under the age of 18 or a handicapped child under the age of 21 can be charged with this offense if they create a substantial risk to the child's health or safety through:
- Abuse of a child,
- Torture of a child,
- Corporal punishment
- Unwarranted disciplinary measures to a child,
- Permitting a child to participate in obscene or sexually oriented material or performance, or
- Operation of a vehicle under the influence of alcohol or controlled substances with a child in the vehicle.
- This offense is generally punishable as a misdemeanor of the first degree, felony of the fourth degree, felony of the third degree or felony of the second degree.
- Menacing by Stalking – According to section 2903.211 of the Ohio Revised Code, an individual can be charged with this offense if they engage in a pattern of conduct the alleged offender knows will cause physical harm or mental distress to the victim. This offense is generally punishable as a misdemeanor of the first degree, but can also be punishable as a felony of the fourth degree.
The basic statutory penalties for domestic violence offenses as defined by the Ohio Revised Code are as follows:
- A conviction for a misdemeanor of the first degree domestic violence offense can result in a jail sentence up to 180 days and/or a fine up to $1,000.
- A conviction for a felony of the fifth degree domestic violence offense can result in a prison sentence up to one year and/or a fine up to $2,500.
- A conviction for a felony of the fourth degree domestic violence offense can result in a prison sentence up to 18 months and/or a fine up to $5,000.
- A conviction for a felony of the third degree domestic violence offense can result in a prison sentence up to five years and/or a fine up to $10,000.
- An individual convicted of a felony of the second degree domestic violence offense can result in a prison sentence up to eight years and/or a fine up to $15,000.
The preceding penalties can vary depending on a number of factors, including the severity of the offense, whether the victim is a child, disabled or elderly, whether the alleged offender has a previous criminal history, and/or whether the alleged offender caused serious bodily injury or death during the commission of the offense.
Additionally, pleading nolo contendere or no contest to even a misdemeanor domestic violence offense can potentially result in revocation of the alleged offender's ability to purchase or possess a firearm or ammunition. A conviction for many domestic violence offenses also requires the alleged domestic violence offender to serve a mandatory minimum prison sentence.
Ohio Domestic Violence Network (ODVN) – This domestic violence alliance in Ohio is comprised of various domestic violence programs, agencies and individuals who aim to eliminate domestic violence through training to the public and providing assistance, resources and information on various domestic violence issues.
Ohio Revised Code – Various domestic violence offenses penalties are defined in Title 29 of the Ohio Revised Code, such as sexual battery, protection order violations, stalking and domestic assault.
Domestic Violence Program – The Supreme Court of Ohio established a domestic violence program throughout the state that provides the courts with various domestic violence resources. The program includes information on domestic violence in Ohio, data and statistics on domestic violence, and miscellaneous topics on domestic violence.
National Coalition Against Domestic Violence (NCADV) – The NCADV is a national non-profit organization that aims to end the occurrence of domestic violence, support battered women and children, encourage domestic violence programs throughout the nations, and educate the public on domestic violence.
Joslyn Law Firm | Dayton Domestic Violence Defense Attorney
If you have been accused of a domestic violence offense throughout the areas of Montgomery County, Miami County, Clark County and Greene County, contact the Joslyn Law Firm today. Brian Joslyn is an aggressive criminal defense lawyer in Dayton who will make every effort to fight the domestic violence accusations against you. Contact the Joslyn Law Firm at (614) 444-1900 today for a free consultation about your alleged domestic violence offense in Dayton.