When someone is accused of domestic violence in Ohio, it is important to understand that they still have legal rights. Domestic violence is a serious charge, but every person accused of a crime is innocent until proven guilty. Ohio has laws in place to protect both the accused and the victim. In this piece, we will discuss the legal rights of the accused in Ohio domestic violence cases, what to expect during the legal process, and why understanding these rights is so important. 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
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Learn more about our teamUnderstanding Domestic Violence Charges in Ohio
In Ohio, domestic violence can involve physical harm, threats of harm, or any act that causes fear of harm. The law covers not just spouses, but also children, parents, and other household members. The legal system treats these cases seriously, with strict penalties that can include jail time, fines, and protective orders. However, while domestic violence is a serious offense, the accused has important rights throughout the process.
The legal system must balance the need to protect potential victims with the rights of those who are accused of wrongdoing. It is essential to understand that accusations alone are not enough to convict someone. The court requires evidence, and the accused has the right to defend themselves against the charges.
The Right to Remain Silent
One of the most important rights in any criminal case, including domestic violence cases, is the right to remain silent. When a person is arrested or questioned by the police, they do not have to answer any questions. This is a constitutional right under the Fifth Amendment, and it protects people from saying something that might be used against them in court.
If you are accused of domestic violence, you do not have to talk to the police without a lawyer. Anything you say can be used as evidence, and sometimes, what seems like an innocent statement can be misunderstood. Exercising your right to remain silent can be a smart decision until you have spoken to a lawyer who can guide you through the legal process.
The Right to an Attorney
Everyone who is accused of a crime has the right to have an attorney. In domestic violence cases, having a lawyer on your side can make a big difference. A lawyer will understand the legal system and can help you defend yourself against the charges. They can advise you on what to say, help gather evidence that supports your case, and represent you in court.
If you cannot afford a lawyer, the court will provide one for you. This is another important right under the law. It ensures that everyone, no matter their financial situation, has access to legal representation.
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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.
The Right to a Fair Trial
The U.S. Constitution guarantees that anyone accused of a crime has the right to a fair trial. This means that the court must follow legal procedures, and the accused has the opportunity to present their side of the story. The state must prove, beyond a reasonable doubt, that the accused committed the crime.
In domestic violence cases, the prosecution will present evidence, such as witness statements, police reports, or medical records. The accused and their attorney have the right to challenge this evidence. They can also present their own evidence and call witnesses to testify on their behalf.
The right to a fair trial also includes the right to a jury trial in many cases. This means that a group of people from the community will listen to the evidence and decide whether the accused is guilty or not guilty.
The Right to Confront Witnesses
Another key right in Ohio domestic violence cases is the right to confront witnesses. This means that the accused has the right to question anyone who is testifying against them. This can be done by the accused’s lawyer in court, where they can ask questions to challenge the witness’s statements or credibility.
In domestic violence cases, witnesses might include the person who is accusing the defendant, as well as other people who may have been present during the alleged incident. Cross-examining witnesses is a crucial part of the defense strategy, as it allows the defense to point out inconsistencies or contradictions in the prosecution’s case.
The Right to Present Evidence
In addition to challenging the prosecution’s evidence, the accused has the right to present their own evidence. This can include documents, photographs, or videos that help to show their side of the story. Witnesses who can provide testimony supporting the defense can also be called.
For example, if there is evidence that the accused was not present during the incident or that the accusations are false, this can be presented in court. Presenting strong evidence can help to prove innocence or create reasonable doubt in the minds of the jury.
The Right to Appeal
If someone is convicted of domestic violence in Ohio, they still have the right to appeal the decision. An appeal is a request to have a higher court review the case for legal errors. This does not mean a new trial, but it does mean that a judge will look at the original trial to see if everything was done correctly.
If the appeal is successful, the conviction could be overturned, or the case could be sent back for a new trial. It is important to work with an attorney who understands the appeals process if you believe a mistake was made during the original trial.
Protective Orders and the Rights of the Accused
In domestic violence cases, the court may issue a protective order, also known as a restraining order. This is meant to protect the person who is accusing the defendant from any further harm. However, protective orders can have a big impact on the rights of the accused.
A protective order may require the accused to stay away from the person who filed the complaint, leave their home, or avoid contacting certain family members. Violating a protective order can result in additional charges, even if the accused feels the order is unfair.
It is important to follow the terms of any protective order while working with a lawyer to challenge the accusations in court. Ignoring a protective order can make the situation worse and harm the defense case.
Why Legal Representation is Crucial
Facing domestic violence charges is a stressful and serious situation. The potential consequences of a conviction can include jail time, fines, and a permanent criminal record. It can also affect your personal relationships and future opportunities.
This is why having legal representation is so important. A lawyer can help protect your rights, challenge the evidence against you, and work toward the best possible outcome in your case. They can also help navigate the legal system, which can be complex and difficult to understand on your own.
If you are facing domestic violence charges in Ohio, you need a team that understands the legal system and will fight to protect your rights. At Sabol Mallory Law Firm, we are here to help. Our experienced attorneys will work closely with you to develop a strong defense, gather evidence, and guide you through every step of the legal process. We understand how stressful this situation can be, and we are committed to helping you achieve the best possible outcome. Contact Sabol Mallory Law Firm today to discuss your case and learn more about how we can help you defend your rights.