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Facing a domestic violence charge or being involved in a domestic violence matter can be incredibly stressful. This is especially true if the accusation is false. Once an accusation has been made, the police will process it and charges can be filed. There are several consequences that you may face if you are convicted of domestic violence and they can be devastating for your personal and professional life. They include fines, criminal records, mandatory treatment programs, surrender of firearms, and a reduction in any child custody or visitation rights that you may have had. You could also face a restraining order or be restricted from visiting certain locations. Cleveland domestic violence attorney A. Dale Naticchia has assisted countless Ohio residents with protecting their rights in the face of a domestic abuse charge, including residents of Akron and Cuyahoga County. We can help you defend yourself during this stressful time.Ohio’s Domestic Violence Laws
Ohio Revised Code § 2919.25 defines domestic violence as knowingly causing or attempting to cause physical harm to a family member or household member, or recklessly causing serious physical harm to a family member or household member. It also includes making threats to a family member or household member in a way that causes the recipient of the threat to fear imminent bodily harm. A charge of misdemeanor domestic violence in the first degree carries up to a six-month jail sentence and the penalties increase if the defendant has a prior conviction. Domestic violence can also be filed as a third or fourth degree felony charge. An experienced domestic violence lawyer in Cleveland can help you develop a defense if you are accused of a crime of this magnitude.
Domestic violence is defined broadly under Ohio statutes. It includes acts such as kicking, punching, choking, throwing items, slapping, pushing, and pointing a weapon. It can also take the form of emotional, sexual, or financial abuse. Physically restraining someone has also been categorized as a type of domestic violence.Defenses to Domestic Violence
Like any other crime, there are certain defenses that you can assert in the face of a domestic violence charge, and a skilled Cleveland domestic violence attorney can assist you in determining the best defenses available to you. When law enforcement arrives on scene following a domestic violence call, the officers will attempt to determine what happened. In many situations, an individual can be arrested for domestic violence even if there isn’t any direct evidence demonstrating that the accused engaged in an act that constitutes the crime. Because of this, many individuals abuse the domestic violence laws and make false reports to retaliate against or harass the accused. Showing that the alleged conduct or interaction never happened or that the accuser is lying to harass you is one way to defend against a domestic violence charge. Consent is another defense, and it involves showing that the accuser agreed to engage in an act and that things escalated.
Next, the simple fact that you were involved in an altercation does not mean that you were the aggressor. If you can show that you acted in self-defense, then you may be able to avoid a domestic violence conviction. To establish this defense, you need to show that you had a reasonable belief that there was an imminent threat to you or that you had a reasonable belief that you needed to protect someone from an imminent threat. Finally, lack of intent is another common defense that applies to situations that involved harm, but were the result of an accident. If you did not mean to cause harm to someone, then domestic violence charges cannot stand.Tenacious Domestic Violence Lawyer Serving Cleveland
When a domestic violence dispute arises, it can be difficult to know your legal rights and the best way to proceed, especially when emotions are running high. Wondering whether the situation will have a serious impact on the rest of your life can take a severe toll on you and your loved ones. Although you may be eager to explain what happened to the authorities and to defend yourself, it is not always a good idea to speak to the authorities on your own. Our seasoned team of legal professionals will help you determine the best course of action in an effort to resolve your case efficiently and promptly, whether you are facing charges related to domestic violence, DUI, theft, or other offenses. We serve residents located in communities including Parma, Bedford, Berea, Rocky River, Garfield Heights, Stow, and Barberton, and offer a free consultation so that you can meet our team and learn more about how we can assist you. To schedule your free consultation, call us at 216-520-5297 or contact us online.