How to Get Domestic Violence Charges Dropped

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How to get domestic violence charges dropped is a common question many people google. However, domestic violence is a serious crime in Ohio. I know those of you searching this on the internet are desperate for answers and there are many defenses that can combat domestic violence charges as long as the evidence permits. For instance:

Was EMT called out for the alleged victim to show injuries?
Are there any physical injuries? Please remember that Domestic Violence can also include threats or attempts to cause injury.
Did the alleged victim make a statement?
Was the statement written?
Do you have a prior record?
Does the alleged victim have a prior record?

Domestic Violence is considered an enhanceable offense which will be explained shortly. Also, since domestic violence is a crime of violence you will be barred from carrying/possessing any weapons if you are convicted of this crime. In fact, once charged, law enforcement will confiscate your weapons and hold them in their property room until the case is over, and depending on the outcome will determine what happens with your weapon(s). A lawyer will be required to write a motion to the confiscated weapons. There are many times this firm has gotten domestic violence charges dismissed or dropped but the evidence and facts need to support such a result.

Can the Police Press Charges for Domestic Violence Even if the Victim Doesn't Want to?

Remember, once you or your partner calls the police for domestic violence, more likely, someone or both people involved will get arrested. The police are pretty much obligated to make an arrest when they are called out unless they find the call to be absolutely meritless. Law enforcement doesn’t take chances when it comes to this offense. More than likely you are not going to talk your way out of the call. If you are calling just because you think the police are going to de-escalate the situation and not arrest someone, think again.

Domestic Violence is defined in the Ohio Revised Code under section 2919.25. The basic definition is that “No person shall knowingly cause or attempt to cause physical harm to a family or household member”.

Domestic Violence is an Enhanceable Offense

An enhanceable offense is one where the penalties are “enhanced” or heightened each time an individual receives the charge. This means each time you are charged and convicted of Domestic Violence, the level of the crime increases. Please remember the law and the words in this definition are very specific for a reason. Many of these words have specific definitions that come into play when your lawyer is trying to defend you.

If you or your partner is arrested, an automatic TPO (Temporary Protection Order) is put in place. That TPO will last for the pendency of the case and sometimes beyond depending on the outcome. That means that the persons accused of domestic violence will be displaced from their normal residence and will be barred from contacting the victim until the TPO is lifted or modified. In order to lift or modify the TPO, your lawyer will be required to do a motion and attend a hearing. The victim will need to be present at the hearing because the Judge will want to question the victim. Usually, the Judge is interested in: 1) the circumstances surrounding the domestic violence, 2) how many domestic violence charges the accused had in the past, 3) the severity of the current charges, and 4) if the victim fears for their safety in any capacity.

Domestic violence charges are very serious and the facts and the circumstances are also very important in building a defense. If you are charged with domestic violence, whether it is a misdemeanor or a felony, please take the time to hire a lawyer. If you hire a good lawyer with experience you will have your rights protected and should not have to go through these charges alone, and many times the outcome is better than the accused expected.

Posted in Domestic Violence