Criminal & Civil Law

DOMESTIC VIOLENCE CRIMINAL LAW IN OHIO

O.R.C. 2919.25:

• (A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.
• (B) No person shall recklessly cause serious physical harm to a family or household member.
• (C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.
• (D) Whoever violates this section is guilty of domestic violence. A violation of division (C) of the section is a misdemeanor of the fourth degree. A violation of division (A) or (B) of this section is a misdemeanor of the first degree. If the offender previously has been convicted of domestic violence or a violation of section 2903.11, 2903.12, 2903.13, 2903.211 or 2911.211 Of the Revised Code involving a person who was a family or household member at the time of such violation of division (C) of this section is a misdemeanor of the Third degree.
• (E) As used In this section and sections 2919.251 and 2919.26 of the Revised Code:
• (1) "Family or household member" means any of the following:
• (a) Any of the following who is residing or has resided with the offender:
• (i) A spouse, person living as a spouse, or a former spouse of the offender;
• (ii) A parent or a child of the offender, or another person related by consanguinity or affinity of the offender;
• (iii) A parent or a child of a spouse, a person living as a spouse, a former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or a former spouse of the offender.
• (b) The natural parent of any child of whom the offender is the other natural parent.
• (2) "Person living as a spouse" means a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, who otherwise has cohabited with the offender within one year prior to the date of the alleged commission of the act in question.

O.R.C. 2919.26

Allows for the filing of a motion for protection order by complainant or person who made an arrest, in cases of domestic violence and cases under 2903.11, 2903.12, 2903.13, 2903.211 or 29.11.211 who was a family or household member at the time of the violation.

Requires a hearing within 24 hours; if ex-parte order is issued then another hearing is required the next court day after the offender is arrested.

The order issued is effective only until disposition of the case or issuance of a Civil Protection Order under O.R.C. 3113.31.

A defendant is entitled to bail or bond for pre-trial release even if a motion for a protection order is filed.

Can contain terms to insure safety from an abuser, and can order an abuser to stay away from the residence, school, business or place of employment of the victim.

O.R.C. 2919.27

• (A)No person shall recklessly violate any terms of a protection order issued or consent agreement approved pursuant to section 2919.26 or 3113.31 of the Revised Code.
• (B)Whoever violates this section is guilty of violating a protection order or consent agreement. If the offender has not been convicted of or pleaded guilty to a violation of a protection order or 2903.211 or 2911.211, this is a misdemeanor of the first degree. If the offender previously has been convicted of or pleaded guilty to one violation of this section, or of violating 2903.211 or 2911.211, violating a protection order or a consent agreement is a felony of the fourth degree.

CRIMINAL AND CIVIL LAW COMPARISON

In every state there are two kinds of law courts: criminal and civil. Both can act to protect you against an abuser. Many women obtain protection from both courts at the same time. But they work differently, and these differences can be very important to you.

TOPIC	CIVIL	CRIMINAL
Arrest	* No arrest necessary	* Police must arrest at scene if probable cause exists; a victim's signed statement is probable cause, some police departments have a mandatory arrest policy.
Attorney	* It is not necessary for the victim to have an attorney. * Victim can retain her own attorney via Legal Aid or referral, if not eligible for Legal Aid.	Prosecutor represents city's case; victim is the witness.
Filing Fee	None	None
Location of Court	* Domestics Relations Court Geauga County Court of Common Pleas 100 Short Court St. Chardon, OH 44024	* Chardon Municipal Court Geauga County Municipal Court 111 Water St. Chardon, OH 44024
Ohio Revised Code	* 3113.31	* 2929.25
Police Report	* Not required to file; but can be helpful for court case.	* Required before filling charges, unless officer is filing charges at scene.
Possible Relief	* Abuser ordered to vacate home. * Exclusive right to victim to reside in home. * Civil Protection Order * Custody of Children * Court-order counseling * Alimony/child support * Appointment of household items. * Visitation arrangements.	* Maximum sentence of 6 months. * Maximum fine of $1000.00 * Temporary Protection Order * Court-ordered treatment. * Supervised or Unsupervised; probation Probation or fine and/or sentence may be suspended.
Repeated Violations	* Contempt of Court (See criminal section)	* Criminal charges (see Violation of T.P.O. below) Further acts of domestic violence can be prosecuted as 4th degree felony if they occur after conviction of assault, felonious assault, or domestic violence against a family or a household member.
Temporary Protection Order (T.P.O.)		* Lasts only through dismissal, acquittal or sentencing.
Civil Protection Order(C.P.O)	* Last up to 5 years.
Time Frame	* Ex-Parte hearing is same day as filling, full hearing 7 to 10 court days later (if abuser is served).	* T.P.O. hearing is usually next court day after charges filed or arrest made trial will be 3-5 weeks later depends on your local court.
Victim's Consent	* Without it, attorney cannot take action.	* Without it, police can arrest abuser if they have probable cause and file a motion for T.P.O. * Without it, prosecutor can handle the case based on the evidence regardless of wishes of victim.
Violation of T.P.O.	* Contempt of Court * Police can arrest at scene. * 1st degree misdemeanor if previously convicted of violation of T.P.O.; 4th degree felony if 2 or more previous convictions.	* Police can arrest at scene * Possible criminal charges