If you’re dealing with a domestic violence charge in Ohio, you’re likely scared, confused, and unsure of what comes next. One of the biggest concerns people have after being charged is whether they’ll lose their right to own or carry a firearm. The answer is not always simple, but knowing where you stand can help you make the right choices and take back some control.
What Counts as Domestic Violence in Ohio
Ohio law defines domestic violence as causing or threatening harm to a family or household member. This includes spouses, former spouses, people living together, and even someone you share a child with. The charge can range from a misdemeanor to a felony depending on the facts of the case and any past record.
But here’s the thing. Even a misdemeanor domestic violence charge—without a weapon and with no injury—can still have major effects on your life, especially your rights under federal law.
How a Domestic Violence Charge Affects Your Gun Rights
In Ohio, you may lose your right to have a firearm the moment you’re convicted of domestic violence. And it’s not just state law that matters. Federal law steps in, too.
The federal law known as the Lautenberg Amendment makes it illegal for anyone convicted of a misdemeanor crime of domestic violence to possess a firearm. This applies even if your state doesn’t take your gun rights away. And it doesn’t matter if the conviction was many years ago or if you didn’t go to jail.
Once you’re convicted, federal law can bar you from owning, using, or buying a gun for the rest of your life. If you’re found with a gun after that, you could face new charges and even federal prison time.
What Happens Before a Conviction
Even before your case is finished, if you’re under a protection order for domestic violence, you may have to give up your firearms while the order is in place. This happens often in cases where the court believes the alleged victim could be in danger.
If a temporary protection order is filed against you, it may stop you from having or buying firearms until the order ends—even if you’re never convicted.
Restoring Gun Rights After a Conviction
Once you’re convicted of domestic violence, getting your gun rights back is difficult. In Ohio, you can try to restore your rights through a legal process called a “relief from disability” petition. This is filed in the court where you were convicted.
But there’s no guarantee. The court must agree that you’re no longer a risk to anyone and that restoring your rights won’t go against public safety. Even if the Ohio court says yes, the federal government may still say no. That’s why it’s important to get legal advice from someone who knows this process inside and out.
Expungement Doesn’t Always Help
Some people ask if they can get their record expunged to get their gun rights back. In Ohio, a domestic violence conviction cannot be expunged or sealed. That means it stays on your record, and federal gun laws still apply.
Pleading to a Lesser Charge May Protect Your Rights
In some cases, your lawyer may be able to work out a plea deal to a charge that does not involve violence or domestic abuse. Charges like disorderly conduct or criminal damaging may not trigger the same restrictions on firearm ownership.
But you need to be careful. The language in the plea and the details in the police report still matter. Even a non-violent charge can be treated as a domestic violence case under federal law if it involves a domestic relationship and the use of force. That’s why it’s vital to have someone who knows how these laws work guide you through each step.
Why the Stakes Are So High
Losing your right to own a gun affects more than just hunting or hobbies. It can hurt your job if you work in law enforcement, security, or the military. It can also affect your safety if you live in a high-crime area or want to protect your home.
And it doesn’t stop there. A domestic violence conviction can cost you custody of your kids, your right to vote, your immigration status, and more. This is a charge that follows you. That’s why you can’t afford to take it lightly.
Why Timing Matters More Than You Think
One of the biggest mistakes people make is waiting too long to take action. Time is not on your side when you’re dealing with domestic violence charges. Evidence fades. Witnesses change their stories. Courts move fast, and once decisions are made—especially about firearms—they’re hard to undo.
If you’re under a temporary protection order, that alone may block you from owning a gun. Some people don’t even know this has happened until they try to buy ammunition or renew a concealed carry permit and get denied. Others don’t realize a judge ordered them to turn in their weapons until law enforcement shows up to collect them.
Every day you wait puts you at greater risk of missing a deadline or making a mistake that could cost you your rights. The sooner you talk with someone who knows this system, the better your chances of staying ahead.
What to Expect in Court
The court process for domestic violence cases can feel overwhelming. You may be facing both criminal charges and civil hearings for protection orders. You may be confused about what you can say, what you should do, and how your words might be used against you later.
The judge isn’t just looking at whether you committed a crime. They’re thinking about safety, relationships, and your entire history. If you’re not careful, something that sounds small—like a loud argument or a missed call—can be painted as dangerous behavior.
You’ll want to come prepared with a plan, a story that shows you’re taking this seriously, and someone by your side who can speak for you when it matters most.
Firearms, Safety, and Your Family
If you’re like many Ohioans, you’ve grown up around firearms. You use them for sport, protection, and tradition. Losing that right can feel like losing a part of who you are. It can also affect your family.
If others in your household own guns, a conviction or protection order might still restrict your access. This means you could be banned from having guns in your home—even if they belong to someone else.
This is not just about losing something. It’s about living with new limits. Limits on where you can go, what you can do, and how you protect yourself and your loved ones. Those limits don’t have to be permanent. But how you handle your case right now could shape the rest of your life.
You’re Not Alone—Take the First Step
The court system is confusing, and mistakes in a domestic violence case can have lifelong effects. But you’re not stuck. You can fight the charges. You can push for a better outcome. And you can protect your rights.
If you’re facing a domestic violence charge in Ohio and worried about your right to carry a firearm, don’t wait to get answers. The team at Sabol & Mallory knows how to handle these cases. We can explain where you stand, help you understand your options, and fight for the best possible result.
Reach out today to schedule a consultation. It could be the first step toward protecting your future and moving forward with confidence.