Sometimes an argument with a family member or romantic partner turns into something much bigger and results in criminal charges. Domestic violence charges can lead to serious legal and personal consequences, even if you were arrested due to a misunderstanding or a false accusation.
If you are facing these charges, it is important for you to be aware of the criminal court process and what will await you if you are convicted. At The Farrish Law Firm, L.P.A., our attorneys offer quality representation to those accused of domestic violence. Give us a call today to get started on your defense: 513-403-9699.
What consequences will I face for domestic violence in Blue Ash?
If you are facing domestic violence charges, your career, family life and reputation are all at stake. In all likelihood, you will face consequences even before your case is heard in court.
After your arrest, you may have to stay in jail until your first court appearance. As a result, you may have to take time off work and face scrutiny from friends and family. The alleged victim may also decide to place a temporary restraining order against you which will restrict where you can go and who you can speak to.
If you are convicted of domestic violence, you will likely face criminal and civil penalties, along with various other consequences.
Criminal Penalties
The severity of your criminal penalties will depend on two things:
- Whether you are facing misdemeanor or felony charges
- The severity of the charges
First-time offenders may face first-degree misdemeanor charges, punishable by:
- A $1,000 fine
- Up to six months in jail
If you knew that the alleged victim was pregnant at the time of the alleged assault, you will face a minimum of six months to a year in jail.
If you have a previous conviction related to domestic violence, you will face a fourth-degree felony and anywhere from six to 18 months in jail and a fine of up to $5,000. Two or more prior domestic violence convictions will result in a third-degree felony and one to five years in prison and a maximum fine of $10,000.
Civil Penalties
In addition to criminal penalties, the alleged victim may choose to file for damages in civil court. If she can establish with a preponderance of the evidence that you committed the act in question and that you injured her as a result, you will have to cover her medical expenses, lost wages, pain and suffering, and other costs.
Other Consequences
Jail time, fines, and damages are not the only things you will face if you are convicted of domestic violence. You will also experience numerous difficulties in different areas of your life including.
- Career: It may be more difficult for you to find employment with a conviction, particularly if your career involves caring for other people (e.g., police, nursing home caretakers, child care professionals). If your job requires a license, you may face suspension or revocation upon conviction.
- Firearms ownership: If you are licensed to possess a firearm, you will no longer be able to do so under the Brady Handgun Violence Prevention Act.
- Child custody and visitation: If you have children, you may not be able to spend the same time with them as you used to. The other parent might request supervised visits or ask the court to revoke your visitation entirely.
- Permanent record: In Ohio, domestic violence convictions will remain on your record permanently.
What defenses might I be able to use against domestic violence charges?
The defense we use will depend on the circumstances of the incident.
For example, we might argue that the officers saw or reported the situation incorrectly. Officers who report to the scene of a domestic dispute must quickly evaluate the situation, determine who the victim is, and do whatever it takes to protect that person. These snap judgments are not always accurate. In some cases, the police end up arresting the victim. If this is the case in your situation, we will work to prove that the victim was actually the perpetrator.
We might also argue:
You acted in self-defense or to protect a child. If the victim attacked you or your child, we will work to prove that any action on your part was strictly self-defense or defending your child.
You did not in fact injure or attack the victim. This could be a case of mistaken identity or a false accusation.
The arresting officer violated your constitutional rights during your arrest, e.g., the officer did not read you your Miranda rights.
We will use medical records, witness testimony, and other forms of evidence to establish your defense. With the right defense strategy, the state might you’re your charges altogether.
Our team has decades of experiences handling all types of criminal cases, including domestic violence. We believe that everyone deserves a chance to tell their side of the story. We give you the opportunity to do that and work to build a stonewall defense against any accusations of abuse.
To discuss your domestic violence charges with a defense attorney in Blue Ash at The Farrish Law Firm, L.P.A., call 513-403-9699 today.
