Domestic Violence

Domestic Violence Lawyers in Columbus

Serving Clients in Columbus, Cincinnati, and Throughout Central Ohio

Facing a domestic violence charge can be a daunting and isolating experience. It is critical to choose a legal team that not only understands the intricacies of the law but also genuinely cares about guiding you through the process. At Funkhouser Law, we take a personalized approach to every case, ensuring our clients are fully informed and involved at every stage.

Everyone deserves a fair trial, and everyone deserves a second chance. We believe strongly in these basic principles of the American justice system, and we have over 30 years of experience helping defendants protect their reputation, their freedom, and their record.

Call Funkhouser Law at (614) 756-2154 or use our online contact form to request a free consultation.

What Is Domestic Violence?

The charges often involved in domestic violence cases, from assault to strangulation and others, are crimes under any circumstances. What makes them domestic violence depends on the relationship between the defendant and the alleged victim.

Ohio Revised Code § 2919.25 states that domestic violence occurs when a person knowingly causes or attempts to cause physical harm to a family or household member, recklessly causes serious physical harm to a family or household member, or by threat of force, knowingly causes a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

In Ohio, a "family or household member" includes spouses, persons living as spouses, former spouses, parents, foster parents, children, other persons related by blood or marriage who are residing or have resided with the offender, parents or children of spouses who are residing or have resided with the offender, and natural parents of children where the offender is the other natural parent.

Charges can be classified from misdemeanors to felonies, depending on factors such as the severity of the injuries, prior convictions, whether the victim was pregnant, and whether a weapon was used. As of April 2023, Ohio now classifies strangulation as a separate felony offense.

Understanding the nuances of domestic violence laws in Ohio is crucial for anyone facing these charges. Each case must be carefully scrutinized to ascertain the relationships involved, as well as the context of any alleged actions. It is also important to note that the emotions running high in familial disputes can sometimes lead to exaggerated or false claims, highlighting the necessity of a thorough and objective legal process. Our firm ensures that each case is given the critical examination it deserves, advocating for fair treatment and justice under the law.

Types of Domestic Violence Charges

Domestic Violence charges can vary based on the nature of the alleged act and the severity of harm inflicted. Under Ohio Revised Code § 2919.25, the specific allegations include:

Knowingly causing or attempting to cause physical harm. This involves knowingly causing or attempting to cause physical harm to a family or household member (Division A). This is typically charged as a first-degree misdemeanor for first offenses.
Recklessly causing serious physical harm. This standard applies when the alleged acts recklessly cause serious physical harm to a family or household member (Division B). This is also typically charged as a first-degree misdemeanor for first offenses.
Threatening imminent physical harm. It is a crime to use threat of force to knowingly cause a family or household member to believe they are in imminent danger of physical harm (Division C). This is typically charged as a fourth-degree misdemeanor for first offenses.

Penalty Enhancements

Penalties increase significantly for repeat offenses, with charges escalating to fourth-degree felonies for second offenses and third-degree felonies for third and subsequent offenses. Additional mandatory prison terms apply if the victim is pregnant at the time of the offense.

Legal Procedures in Columbus Courts

In Columbus and Franklin County, domestic violence cases follow standard Ohio criminal court procedures with some specialized handling. The accused will first face an arraignment, where they will be informed of their charges and asked to enter a plea of guilty, not guilty, or no contest. This is a crucial step, as it sets the stage for how the case will proceed.

Key Procedural Steps

Arraignment: During arraignment, the judge ensures the defendant understands the charges and their rights, and asks them to enter a plea. This is not the appropriate time to argue the merits of the case.
Protection Orders: At arraignment, judges may issue protection orders under Ohio Revised Code §2903.213 if they believe the alleged victim's safety is compromised.
Pre-Trial Process: Following arraignment, defendants typically go through pre-trial conferences and hearings, where evidence is presented and defense strategies are developed. Understanding these steps and preparing for each is imperative for a favorable outcome.
Specialized Handling: Franklin County's Court of Common Pleas Division of Domestic Relations handles protection orders for victims of domestic violence and offers mediation services. Columbus also has specialized prosecution units for domestic violence cases.

Important Legal Considerations

Gun Ownership: A pending domestic violence charge will disqualify an individual from gun ownership under federal law.
Court Locations: The Domestic Relations Division of the Common Pleas Court is located at 373 South High Street, with the Clerk's Office on the fourth floor.

Please note that legal procedures may vary based on specific circumstances and should always be verified with current legal counsel.

Possible Defense Strategies in Domestic Violence Cases

Self-Defense

Under Ohio Revised Code § 2901.05(B)(1), if evidence is presented supporting that the accused person used force as a means of self-defense, the prosecution must prove beyond a reasonable doubt that the accused person did not use the force in self-defense. This places the burden on the prosecution to disprove self-defense, rather than requiring the defendant to prove it.

Key Requirements for Self-Defense:

The force used must be necessary to prevent imminent harm.
Ohio law includes a rebuttable presumption of self-defense when defensive force is used against someone unlawfully entering a residence or vehicle.
The presumption does not apply if the person had a right to be there (such as a roommate or lawful resident).

False Allegations

Providing evidence that disproves the allegations, such as alibis, witness testimonies, electronic communications, or video evidence, can be very effective and may secure dismissal of the charges. This defense focuses on demonstrating that the alleged incident simply did not occur as claimed.

Lack of Evidence

The prosecution must prove their case beyond a reasonable doubt. This means the evidence must be so convincing that a reasonable person would be willing to rely on it when making the most important decisions in their own life. Inconsistencies in the alleged victim's testimony, absence of concrete evidence (e.g., medical records, police reports, photographs), or gaps in the prosecution's timeline can significantly weaken their case.

Accidental Harm

In some situations, the accused may argue that any harm caused was accidental and not intentional or reckless. This defense challenges the mental state element required for domestic violence convictions under Ohio Revised Code § 2919.25, which requires that harm be caused "knowingly" or "recklessly."

Defense of Others

Ohio law also provides protection for those acting in defense of another person, with similar burden-shifting provisions where the prosecution must prove beyond a reasonable doubt that the defendant was not acting in defense of another.

Community Support & Resources for Domestic Violence Issues

For those facing domestic violence allegations, Columbus offers various resources aimed at supporting affected families and individuals during legal proceedings. These resources are invaluable for educational purposes and emotional support, supplementing the robust legal strategies provided by Funkhouser Law. Organizations such as the Ohio Domestic Violence Network and local county resources provide counseling, shelter, and advocacy services, all of which play a significant role in the broader landscape of domestic violence cases.

Collaboration with these agencies can be beneficial in demonstrating a proactive stance towards resolution and rehabilitation, thereby impacting legal outcomes positively. Our legal team encourages clients to engage with these resources as part of a comprehensive strategy that prioritizes overall well-being and legal prudence.

How to Fight a Restraining Order Related to Domestic Violence

There are several ways to go about contesting the petition for a restraining order, or to get an existing order lifted.

We can help defendants with any of the following legal defense approaches:

Document your case: Collect any messages, emails, or other communication that can prove your innocence or refute the allegations. Photographs, videos, and witness statements can also help demonstrate that the claims are false or exaggerated.
Prove lack of credibility: Does the petitioner have a history of making false allegations, or are there inconsistencies in their testimony? Demonstrating that the petitioner has previously lied or exaggerated can undermine their credibility and strengthen your defense.
Demonstrate you are no threat: Character witnesses can testify to your peaceful nature, and employment records can show stability and responsibility. Proof of a peaceful and law-abiding lifestyle may help convince the court that a restraining order is unnecessary.
Highlight mutual consent: Document any voluntary interactions with the petitioner after the restraining order was requested or issued. Voluntary contact can suggest that the petitioner does not genuinely fear for their safety.
Attend all hearings: Be punctual and present at all court hearings related to the restraining order. Your presence shows respect for the court process and a willingness to address the issue responsibly.
Follow court orders: It is crucial that you comply with the terms of the restraining order while it is in effect. Adhering strictly to the court's orders demonstrates respect for the legal process and strengthens your position when seeking modification or dismissal.

Funkhouser Law can work with you to file a motion to modify or dismiss the restraining order based on these and other reasons. Mediation may also be a viable option for resolving disputes more amicably.

When you work with one of our attorneys, you get their cellphone number and 24/7 access.

Call (614) 756-2154 or contact us online today to schedule a free consultation. We have offices located in Columbus & Cincinnati.

Frequently Asked Questions

What should I do if I'm falsely accused of domestic violence?

If you are falsely accused of domestic violence, it is vital to remain calm and adhere strictly to legal advice. Begin by gathering any evidence that could support your case, such as text messages, emails, or witness statements that demonstrate your innocence. Avoid any contact with the alleged victim that could be misconstrued, and adhere to legal restrictions placed upon you, such as temporary restraining orders. Consulting legal counsel is crucial, as an attorney can provide guidance tailored to your situation and help protect your rights as the issue progresses.

Can a domestic violence charge be dropped in Ohio?

In Ohio, the decision to drop domestic violence charges lies exclusively with the prosecutor, as domestic violence is considered a crime against the state, not just against the individual victim. Once criminal charges have been filed, the alleged victim cannot drop the charges themselves - only the prosecutor has this authority.

Even if an alleged victim decides they do not want to press charges or actively asks that charges be dropped, the prosecutor may still choose to proceed based on available evidence. Many Ohio prosecutors' offices have adopted "no drop" policies, meaning they will proceed with prosecution even without victim cooperation if they can build an evidence-based case.

Prosecutors may use 911 calls, police testimony, physical evidence, photographs, medical records, and witness statements to pursue convictions even when victims are uncooperative. Factors that make prosecutors more likely to proceed without victim cooperation include perceived ongoing threats, physical harm to the victim, cases involving minors or vulnerable adults, and signs of victim intimidation.

What are the potential penalties for domestic violence in Columbus?

Penalties for domestic violence in Columbus follow Ohio state law and can range widely based on the severity of the charge and prior convictions. Ohio law significantly increases penalties for repeat offenses, with second offenses typically becoming fourth-degree felonies and third offenses becoming third-degree felonies.

Certain circumstances, particularly cases involving pregnant victims, carry mandatory minimum sentences that judges cannot reduce.

It's essential to understand these penalties and work proactively with experienced legal counsel to navigate the charges effectively, understand your rights, and develop strategies to mitigate potential penalties. Early intervention and proper legal representation can make a significant difference in both the immediate outcome and long-term consequences of domestic violence charges.

Misdemeanor Penalties

First-Time Offenses:

First-degree misdemeanor (knowingly causing harm): Up to 180 days in jail
Fourth-degree misdemeanor (threatening harm): Up to 30 days in jail
Fines ranging from $250 to $1,000
Possible mandatory counseling or community service
Potential suspension of driver's license

Felony Penalties

Enhanced Charges for Repeat Offenses or Aggravating Factors:

Fourth- and fifth-degree felonies: 6 to 18 months of prison time and maximum fines of $2,500 to $5,000
Third-degree felonies: More substantial prison sentences with presumption for prison term
If the victim was pregnant: Minimum six-month mandatory prison term

Additional Court-Imposed Consequences

Protection Orders: The court may issue protection orders separate from criminal penalties, which can include:

No-contact orders with the victim
Exclusion from the victim's residence, workplace, or school
Surrender of firearms

Mandatory Programs: Ohio Revised Code § 3113.31 allows courts to require counseling for the respondent, petitioner, victim, or any combination of these parties. Common requirements include:

Domestic violence intervention programs
Anger management counseling
Substance abuse treatment (if applicable)
Mental health counseling

Long-Term Consequences

Felony domestic violence convictions can result in:

Loss of voting rights during incarceration
Prohibition on firearm ownership under federal and state law
Professional licensing consequences
Immigration consequences for non-citizens
Difficulty obtaining employment or housing

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