At Ben Sorber, we understand the profound distress and fear that domestic violence can inflict upon individuals and families. Navigating the legal system during such a challenging time can feel overwhelming, but understanding your options for legal protection is a critical first step towards safety and justice. Ohio law provides various avenues for those experiencing domestic violence to seek the security they need.
A Guide to Seeking Legal Protection in Domestic Violence Cases
Defining Domestic Violence in Ohio
Ohio Revised Code Section 2919.25 broadly defines domestic violence. It encompasses knowingly causing or attempting to cause physical harm, recklessly causing serious physical harm, or, by threat of force, causing a family or household member to believe they are in imminent physical harm. This applies to a wide range of relationships, including spouses, cohabitants, former spouses, parents, children, and other related individuals.
Civil Protection Orders (CPOs)
A Civil Protection Order (CPO) is a crucial legal tool designed to prevent further abuse. Obtained through the domestic relations court, a CPO can mandate the abuser to cease harmful behavior, stay away from the victim's home, work, or children's schools, and even address temporary custody or financial support. These orders are civil matters and do not require a criminal charge to be filed. They can offer protection for up to five years.
Temporary Protection Orders (TPOs) in Criminal Cases
If a criminal domestic violence charge is filed, the court may issue a Temporary Protection Order (TPO). This order is typically issued at the arraignment and aims to protect the victim while the criminal case is ongoing. Violating a TPO is a separate criminal offense with its own penalties, reinforcing the seriousness of adhering to court orders.
Understanding Criminal Penalties for Domestic Violence
Domestic violence in Ohio can lead to severe criminal penalties, ranging from misdemeanors to felonies, depending on the nature of the offense, prior convictions, and the extent of harm. Convictions can result in jail time, substantial fines, and a permanent criminal record. The legal consequences underscore the importance of seeking experienced legal defense if accused. Seeking legal protection in domestic violence cases is a courageous and essential step.
Whether you are a victim seeking a protective order or someone falsely accused, understanding your rights and the legal process is paramount. At Ben Sorber, we are committed to providing compassionate yet aggressive legal representation, ensuring that your voice is heard and your rights are protected throughout this difficult journey. We are here to help you navigate the complexities of Ohio's domestic violence laws and work towards a resolution that prioritizes your safety and well-being.