Akron Domestic Violence Lawyer

Probable cause evidence could consist of physical evidence, such as an alleged victim’s bruises, cuts, or other signs of bodily harm, and their detailed accounts. Witness statements, a history of abuse, and signs of a struggle or damage to the home could also be considered grounds for an arrest. 

Unfortunately, arrests can be made on probable cause, not definitive proof. Police officers can assess the situation and make judgments based on their training and experience, even if tangible evidence is minimal. This can lead to accusations based on misrepresentation, exaggeration, or outright lies where an accuser may have an ulterior motive. 

Penalties for Domestic Violence 

The penalties for domestic violence can vary significantly based on the severity of the offense and whether prior convictions exist. Typically, domestic violence is classified as a first-degree misdemeanor, which could result in up to 180 days in jail and a fine of up to $1,000. 

However, if the charges involve aggravated circumstances, such as causing serious harm or using a weapon, the classification can elevate to a felony, potentially resulting in years of imprisonment and more significant fines.

Domestic Violence Protective Orders 

Protective orders are legal documents commonly used in domestic violence cases to protect alleged victims from harm. Ohio provides two types of protection orders, a temporary order and a civil protection order (CPO), which can remain in effect for up to five years. 

Temporary orders can be issued immediately upon the alleged victim submitting a petition to the court. These orders generally remain in place for up to 10 days, after which a hearing is conducted to determine if the order should be turned into a CPO. 

These orders restrict the accused's freedom and can affect their living arrangements, employment opportunities, and ability to see children if custody is involved. Violating a protective order can lead to additional criminal charges, further complicating the accused's legal situation.

For the accused, these orders can profoundly impact your life. They can include:

• No contact order: Prohibits the accused from contacting the victim, whether directly or indirectly, including phone calls, texts, or through third parties.
• Stay-away order: This order requires the accused to maintain a specified distance from the victim, which may include the protected person’s home, workplace, or other frequented locations.
• Temporary custody orders: These can grant the victim temporary custody of children, affecting the accused's parenting rights and visitation privileges.
• Weapon prohibition: This may restrict the accused from possessing or purchasing firearms or other weapons during the duration of the order.
• Eviction orders: This can require the accused to vacate the shared home or residence, potentially affecting their housing situation.
• Financial support orders: These orders may mandate the accused to provide financial support to the victim or cover certain expenses, such as medical costs for injuries.
• Restricted access to shared property: This can limit the accused's access to shared assets, belongings, or vehicles during the protective order's duration.
• Mandatory counseling: This may require the accused to participate in anger management, domestic violence, or other counseling programs.
• Employment impact: This could lead to job-related consequences, mainly if restrictions affect one’s ability to work.