How to Get Domestic Violence Charges Dropped
In This Article
- 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?
Can the Police Press Charges for Domestic Violence Even if the Victim Doesn't Want to?
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.