Facing domestic assault charges in Ohio can be a frightening and overwhelming experience. Whether the situation is the result of a misunderstanding or a more serious matter, it is important to understand what happens after you are charged with domestic assault. The state of Ohio takes these types of cases very seriously, and the consequences can be significant. Understanding the legal process, your rights, and what to expect is key to preparing for what lies ahead.
Domestic assault charges often stem from incidents involving family members or individuals living together. This could include spouses, significant others, roommates, or close family members. When emotions run high, conflicts can quickly escalate, and law enforcement may be called to intervene. In these cases, the responding officers typically assess the situation and make a decision about whether or not an arrest is necessary.
Being arrested for domestic assault in Ohio can lead to both immediate and long-term consequences. In this page, we will explore the legal process you can expect if you are charged with domestic assault, what potential penalties you might face, and how to navigate the situation with the help of an attorney. 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 teamThe Arrest Process
If law enforcement is called to the scene of a domestic dispute and determines that an assault has occurred, an arrest is often made. Once the officers decide to make an arrest, you will likely be taken into custody. Being arrested can be a very stressful and intimidating process. You may be handcuffed and transported to the local jail, where you will be booked. Booking involves taking your personal information, fingerprints, and photographs. You may also be asked to provide a statement, but it is important to remember that you have the right to remain silent until you can speak with an attorney.
Once you are booked, you may be held in jail until your initial court appearance. In some cases, you may be released on bail, which allows you to go home while you wait for your court date. Bail can vary depending on the severity of the charges and whether or not you have a criminal history. It is important to consult with a lawyer as soon as possible to ensure your rights are protected during this process.
The Court Process
After your arrest, the legal process continues with a series of court appearances. Your first appearance is often referred to as an arraignment. During the arraignment, the charges against you will be read aloud, and you will be asked to enter a plea of guilty, not guilty, or no contest. It is strongly recommended that you consult with an attorney before entering any plea. Your attorney can help you understand the charges and the possible consequences of each plea option.
If you plead not guilty, your case will proceed to the next phase, which may involve pretrial hearings, discovery, and eventually a trial. During the pretrial phase, your attorney may work to gather evidence, interview witnesses, and negotiate with the prosecution. In some cases, the charges may be reduced or dismissed based on the evidence. However, if a resolution cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.
Domestic assault trials can be complex, especially if there are conflicting accounts of what happened. Your attorney will work to present your side of the story and challenge any evidence that may be used against you. It is important to remember that you are presumed innocent until proven guilty, and the burden of proof rests with the prosecution.
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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.
Potential Penalties
If you are convicted of domestic assault in Ohio, the penalties can vary depending on the specifics of your case. Domestic assault can be charged as either a misdemeanor or a felony, depending on factors such as the severity of the injuries and whether or not a weapon was involved.
For a misdemeanor domestic assault conviction, you could face penalties such as jail time, fines, probation, and mandatory counseling or anger management programs. The length of the jail sentence and the amount of the fine will depend on the details of the case and whether you have any prior convictions. In some cases, a misdemeanor conviction could lead to a sentence of up to six months in jail.
If the domestic assault is charged as a felony, the penalties are much more severe. Felony domestic assault charges are often filed if the victim suffers serious injuries or if you have previous convictions for similar offenses. A felony conviction can result in several years in prison, steep fines, and a long period of probation after release.
In addition to the criminal penalties, a domestic assault conviction can also have other serious consequences. You may lose custody or visitation rights to your children, and you may be prohibited from owning or possessing firearms. A conviction can also impact your employment and housing opportunities, as many employers and landlords conduct background checks.
Protective Orders
In many domestic assault cases, the court may issue a protective order, also known as a restraining order. A protective order is intended to protect the alleged victim from further harm by limiting your contact with them. This could mean that you are not allowed to go near the victim’s home, workplace, or school. Violating a protective order can result in additional criminal charges, even if the victim consents to the contact.
It is important to take any protective order seriously, as violating the order can lead to further legal trouble. Your attorney can help you understand the terms of the protective order and advise you on how to comply with it while your case is pending.
How an Attorney Can Help
Facing domestic assault charges in Ohio is a serious matter that requires the assistance of a skilled attorney. Your attorney will be your advocate throughout the legal process, helping you understand the charges against you and working to achieve the best possible outcome in your case. This could involve negotiating with the prosecution for reduced charges, seeking to have the charges dismissed, or defending you at trial.
An experienced attorney will also help you navigate the emotional aspects of a domestic assault case. Domestic cases often involve heightened emotions, and it can be difficult to think clearly about the legal implications of the charges. Your attorney will provide you with guidance and support, helping you make informed decisions about how to proceed.
In addition to handling the criminal aspect of your case, your attorney can also assist with any civil matters that may arise, such as custody disputes or protective orders. It is important to work with an attorney who understands both the legal and emotional complexities of domestic assault cases.
Preparing for the Future
Once your case is resolved, it is important to take steps to rebuild your life and avoid future legal issues. If you are required to complete counseling or anger management as part of your sentence, it is important to take these programs seriously. They are designed to help you address any underlying issues that may have contributed to the domestic dispute and provide you with tools to handle conflicts in the future.
If you are able to have the charges dismissed or avoid a conviction, it may be possible to have the arrest record expunged from your record. Expungement can help you move forward by clearing your criminal record, making it easier to find employment and housing. Your attorney can help you determine if you are eligible for expungement and guide you through the process.
If you or a loved one is facing domestic assault charges in Ohio, it is important to act quickly to protect your rights and your future. The legal team at Sabol & Mallory Law Firm understands the challenges that come with these charges and is committed to helping you achieve the best possible outcome. Whether you are navigating the court process, dealing with protective orders, or seeking to clear your record, our firm is here to provide the guidance and support you need. Reach out to Sabol & Mallory Law Firm today to discuss your case and explore your legal options.