When someone is facing domestic violence charges in Ohio, it can be a scary and confusing time. The legal process for domestic violence charges is complicated, and it can impact a person’s future in many ways. If you or someone you know is involved in a domestic violence case, understanding how the legal system works in Ohio is important. This can help you feel more prepared and aware of what to expect as you move forward. At, Sabol & Mallory Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Dan Sabol
Dan is the first attorney in Ohio to be both board certified in criminal trial law by the National Board of Trial Advocacy and be designated as a Lawyer Scientist by the American Chemical Society.
Chase Mallory
Chase Mallory is a firm founder whom has tried over 40 cases and conducted more than 100 suppression hearings. He is a founding member of the DUI Defense Lawyers Association
Meet the lawyers who make up the legal team at Sabol Mallory LLC. Read their individual bios and get to know more about their education, experience and accolades.
Learn more about our teamWhat is Domestic Violence in Ohio?
In Ohio, domestic violence is when someone harms, threatens to harm, or tries to harm another person they live with or have a close relationship with. This can be a spouse, partner, family member, or even someone the accused has dated. Domestic violence can include physical violence, threats, or emotional abuse. It is not only about hitting or physical harm but can also involve mental and emotional harm that makes someone fear for their safety. The law takes these cases seriously, and charges can be brought even if the victim does not want to press charges.
Domestic violence is considered a crime in Ohio, and the police have the power to make an arrest if they believe violence or harm has occurred. Once the police are involved, the legal process begins, and it is important to know what happens next.
The Arrest and Charges
When the police are called to a domestic violence situation, they will investigate what happened. This can include talking to the people involved, looking for signs of injury, and gathering evidence like witness statements or photographs. If the police believe that someone has committed domestic violence, they will make an arrest. In some cases, they may arrest both people involved if they believe both acted violently.
Once a person is arrested, they will be taken to jail, where they may be held until their first court appearance. The person will be officially charged with domestic violence, and the legal process will begin. Depending on the circumstances, the charges can be either a misdemeanor or a felony, with more serious cases leading to felony charges.
Court Hearings
After the arrest, the person will have to appear in court for an arraignment. This is the first step in the legal process where the judge will read the charges and ask the accused person to enter a plea. The person can plead guilty, not guilty, or no contest. If the person pleads not guilty, the case will move forward to trial unless a plea deal is reached before then.
At this stage, the judge may also decide whether to release the person on bail or keep them in jail until the trial. Bail is money paid to ensure that the person will return to court for future hearings. If the judge believes that the person is a danger to the victim or the public, they may deny bail and keep the person in jail.
Throughout the court process, the accused will attend several hearings. These hearings allow both sides to present evidence and make their arguments. The court will consider things like the seriousness of the charges, any prior criminal history, and the evidence presented by both sides.
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Testimonials
Learn what our clients have to say about the work of Sabol Mallory. If you have any questions or need legal help for a criminal charge, please reach out to us right away.
Chase Mallory is incredible. He is wonderful to work with and knows exactly what to do to help his clients. Thank you from the bottom of my heart for all you've done for me. I highly recommend hiring Chase to help fight your battles. Bless you!
- Erin R.
Dan Sabol is probably the best attorney I've ever worked with. Very professional and worked hard to get the best results possible. He will be the first person I call if I need a lawyer again. If you find yourself in a sticky situation make sure you give him a ring.
- Christopher R.
I had the pleasure of working with Dan and Chase and I am very grateful!! They did amazing work to help me on my case. They are very helpful and get back with you in a timely manner whenever I had questions for them, which was very nice and reassuring.
- Jessica H.
Protection Orders
In many domestic violence cases, the court may issue a protection order. This is also known as a restraining order. A protection order can prevent the accused from contacting or coming near the victim while the case is ongoing. This order is put in place to protect the victim from further harm.
There are different types of protection orders that the court can issue. A temporary protection order may be put in place after the arrest and last until the case is resolved. The court may also issue a civil protection order, which can last longer, even after the case ends. If the accused person violates the protection order, they could face more serious legal consequences, including additional charges and jail time.
Plea Deals and Negotiations
In many domestic violence cases, the prosecutor and defense lawyer may try to reach a plea deal before the case goes to trial. A plea deal is an agreement where the accused pleads guilty to a lesser charge in exchange for a reduced sentence. This can be a way for both sides to avoid the uncertainty of a trial.
Reaching a plea deal does not always mean that the accused is admitting guilt to the full charge. Sometimes, the plea deal involves pleading to a lesser offense, like disorderly conduct, which carries a lighter punishment. Plea deals can also help the accused avoid the maximum penalties of domestic violence charges. It is important to have a lawyer who can negotiate a fair deal on your behalf.
The Trial Process
If a plea deal is not reached, the case will go to trial. During the trial, both sides will present their evidence and witnesses. The prosecution will try to prove that the accused is guilty of domestic violence, while the defense will work to prove their innocence or create doubt about the charges.
In Ohio, a trial can be either a bench trial or a jury trial. In a bench trial, the judge decides the outcome. In a jury trial, a group of people from the community listens to the evidence and decides if the accused is guilty or not guilty.
The trial process can take time, and it involves several steps. First, both sides will make opening statements, explaining their side of the case. Then, they will present evidence, call witnesses, and question those witnesses. Finally, both sides will make closing statements before the judge or jury makes a decision. If the accused is found guilty, the court will schedule a sentencing hearing.
Sentencing and Penalties
If the accused is found guilty of domestic violence, the court will issue a sentence. The penalties for domestic violence in Ohio depend on the severity of the charges and the person’s criminal history. Misdemeanor domestic violence can result in jail time, fines, and mandatory counseling or treatment. Felony domestic violence can lead to longer prison sentences, larger fines, and other serious consequences.
In addition to the legal penalties, a domestic violence conviction can impact a person’s life in other ways. It can affect their ability to get a job, find housing, or maintain custody of their children. The penalties can also include mandatory anger management classes or community service.
Appeals Process
If the accused is found guilty and believes that the trial was not fair, they have the right to appeal the decision. This means they are asking a higher court to review the case and determine if there were any mistakes made during the trial that affected the outcome.
The appeals process is complicated and can take time, but it is an important part of the legal system. It is important to have a lawyer who understands the appeals process and can help guide you through it.
Why Legal Help is Important
Facing domestic violence charges is serious, and the legal process can be overwhelming. From the moment you are arrested, you will need to make important decisions that can affect your future. Having the right legal help can make a big difference in the outcome of your case.
A lawyer can help you understand your rights, guide you through the legal process, and build a strong defense on your behalf. Whether you are trying to negotiate a plea deal, fight the charges in court, or appeal a conviction, having someone on your side is important.
It is important to take domestic violence charges seriously and get legal help right away. Waiting too long can make it harder to build a defense and protect your rights.
If you are facing domestic violence charges in Ohio, the legal process can be challenging, but you do not have to face it alone. Sabol & Mallory Law Firm is here to help. With their guidance and dedication, they will work hard to protect your rights and fight for the best possible outcome in your case. Contact Sabol & Mallory today to get the legal support you need during this difficult time.