Facing domestic violence charges in Ohio can be a scary and overwhelming experience. These charges are taken very seriously in the state, and if you are dealing with them, it is important to understand what you can expect throughout the legal process. Domestic violence involves any violent or aggressive behavior within a family or between people in a household. This can include hitting, threatening, or any other act of harm toward a spouse, partner, or family member. The legal consequences for these charges are severe and can include jail time, fines, and a criminal record that follows you for the rest of your life. If you or someone you know is facing these charges, it is important to be informed about what happens next.
When you are arrested and charged with domestic violence, the first step in the legal process is the arrest itself. The police are often called to a domestic disturbance and will make an arrest if they believe there is enough evidence of violence or threats. Once arrested, you will likely be taken to the police station, where you will be processed. This means your fingerprints and photograph will be taken, and you will be held in custody until your first court appearance. It is important to note that domestic violence cases are treated as serious crimes, and the police are often under pressure to act quickly to ensure that any potential victim is safe. 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 teamThe Court Process
After your arrest, you will have your first appearance in court, which is known as the arraignment. During this hearing, the charges against you will be read, and you will have the opportunity to enter a plea. You can either plead guilty, not guilty, or no contest. It is often advised to plead not guilty at this stage so that you can have time to build a defense with your lawyer. The judge will also decide whether you will be released on bail or kept in custody while your case is ongoing. In many domestic violence cases, the judge may issue a restraining order or protective order that prevents you from having contact with the alleged victim. This means you may not be able to return home or see certain family members until the case is resolved.
Once your case moves forward, there will be a pretrial hearing where the evidence against you will be reviewed. This is the time when your lawyer will work to negotiate with the prosecutor to possibly reduce the charges or even dismiss the case if there is not enough evidence. The prosecutor will likely rely on evidence such as witness statements, police reports, and any medical records showing injuries. In Ohio, even if the alleged victim does not want to press charges, the state can still pursue the case. Domestic violence is seen as a crime against the state, not just the individual, so prosecutors have the power to move forward with the charges even without the victim’s cooperation.
Possible Outcomes and Penalties
If your case goes to trial, both the prosecutor and your defense attorney will present their evidence, and a judge or jury will decide if you are guilty or not guilty. Domestic violence charges in Ohio can carry serious consequences. If convicted, you could face penalties ranging from jail time to probation, depending on the severity of the case and whether you have any prior offenses. For a first offense, domestic violence is usually charged as a misdemeanor, but in more severe cases or if you have previous domestic violence convictions, it can be charged as a felony. A felony conviction will lead to more significant consequences, such as longer prison sentences and heavier fines.
In addition to legal penalties, a conviction for domestic violence can have long-term impacts on your life. You may lose custody of your children, face difficulties finding employment, and be barred from owning or possessing firearms. Your reputation in the community could also suffer, and you may face ongoing challenges in your personal relationships. For these reasons, it is essential to take domestic violence charges seriously and to seek legal help as soon as possible.
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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.
Defending Against Domestic Violence Charges
One of the most important things to understand if you are facing domestic violence charges is that there are defenses available. Every case is different, and the outcome can depend on the specific facts of the situation. Some common defenses include self-defense, lack of evidence, or that the accusations are false or exaggerated. In some cases, emotions can run high during domestic disputes, and misunderstandings or arguments can lead to charges that are not fully justified.
Your lawyer will review the evidence in your case and determine the best defense strategy. If you acted in self-defense, your lawyer will need to show that you were protecting yourself from harm. In cases where the evidence is weak or unclear, your lawyer may argue that there is not enough proof to convict you. Sometimes, false accusations are made out of anger or as a way to gain leverage in other disputes, such as divorce or child custody cases. Your lawyer will work to challenge the credibility of the accusations if this is the case.
It is important to remember that even if the situation seems overwhelming, you have the right to a fair defense, and the burden is on the prosecution to prove your guilt beyond a reasonable doubt. With the right legal representation, you can fight the charges and work toward a positive outcome in your case.
The Importance of Legal Representation
If you are facing domestic violence charges, having a knowledgeable lawyer by your side is critical. Domestic violence laws in Ohio are complex, and the penalties for a conviction can be life-changing. Trying to navigate the legal system on your own can be confusing and risky, especially if you are unfamiliar with how the courts work. A lawyer can help guide you through the process, explain your rights, and build a strong defense on your behalf.
A lawyer can also negotiate with the prosecutor to reduce the charges or even get them dismissed in some cases. They can help ensure that your rights are protected throughout the case and that you receive fair treatment in court. Without a lawyer, you may not be aware of all your legal options or how to properly defend yourself against the charges. This is why it is so important to seek legal help as soon as possible after being charged.
In some cases, your lawyer may be able to work out an agreement where you can avoid jail time by completing counseling or anger management programs. Many courts offer these programs as an alternative to incarceration for first-time offenders or those facing less serious charges. Your lawyer will help you explore all available options and determine the best course of action for your specific situation.
Preparing for Your Case
As you prepare for your domestic violence case, it is important to be honest with your lawyer and provide them with all the details of the situation. Even if some of the facts are uncomfortable to discuss, your lawyer needs to know everything in order to build the best defense for you. Your lawyer will likely gather evidence, interview witnesses, and review police reports in preparation for your case.
It is also important to comply with any protective orders or restraining orders that may be in place. Violating these orders can lead to additional charges and complicate your defense. If you are not allowed to contact the alleged victim, make sure to follow this rule strictly, even if you disagree with the order.
Your lawyer will advise you on how to behave during the legal process, including how to act in court. It is important to show respect for the legal system and to follow your lawyer’s guidance at all times. Being cooperative and responsible throughout the process can help your case in the long run.
Facing domestic violence charges in Ohio is a serious and stressful experience, but with the right legal support, you can navigate the legal process and work toward the best possible outcome. Understanding the steps involved, the possible penalties, and the defenses available to you is essential as you move forward. Remember that you do not have to face these charges alone. Sabol & Mallory Law Firm is here to help. With their experience in handling domestic violence cases, they can provide you with the legal representation you need to protect your rights and fight the charges against you. Reach out today for assistance in your case.