There are several different crimes in Ohio that relate to domestic violence. If you are charged with any of the offenses listed below, contact the experienced attorneys at the Tyack Law Firm.
Domestic Violence. Ohio Revised Code Section 2919.25 states:
(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.
A “family” or “household member” is defined as any of the following who is residing or has resided with the offender:
- A spouse, a person living as a spouse, or a former spouse of the offender;
- A parent, a foster parent, or a child of the person, or another person related by consanguinity or affinity to the offender; or
- A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.
Generally, a violation of sections (A) and (B) is a Misdemeanor of the First Degree, while a violation of section (C) is a Misdemeanor of the Fourth Degree. However, if a person has previous domestic violence related charges, then they may be charged with a Felony. A Domestic Violence conviction is generally not eligible to be sealed or expunged from a person’s record.
Felonious Assault. Ohio Revised Code Section 2903.11 states:
No person shall knowingly do either of the following:
(1) Cause serious physical harm to another or to another's unborn;
(2) Cause or attempt to cause physical harm to another or to another's unborn by means of a deadly weapon or dangerous ordnance.
Generally, Felonious Assault is a Felony of the Second Degree, which carries a penalty of 2-8 years in prison. A Felonious Assault conviction is generally not eligible to be sealed or expunged from a person’s record.
Strangulation. Ohio Revised Code Section 2903.18 states:
No person shall knowingly do any of the following:
(1) Cause serious physical harm to another by means of strangulation or suffocation;
(2) Create a substantial risk of serious physical harm to another by means of strangulation or suffocation;
(3) Cause or create a substantial risk of physical harm to another by means of strangulation or suffocation.
“Strangulation or suffocation” is defined as any act that impedes the normal breathing or circulation of the blood by applying pressure to the throat or neck, or by covering the nose and mouth.
Strangulation can range from a Felony of the Fifth Degree to a Felony of the Second Degree. A Strangulation conviction is generally not eligible to be sealed or expunged from a person’s record.
Assault. Ohio Revised Code Section 2903.13 states:
(A) No person shall knowingly cause or attempt to cause physical harm to another or to another's unborn.
(B) No person shall recklessly cause serious physical harm to another or to another's unborn.
Generally, Assault is a Misdemeanor of the First Degree, which carries a maximum penalty of 180 days in jail and a $1,000.00 fine. A Misdemeanor Assault conviction is generally eligible to be sealed or expunged from a person’s record.
Aggravated Menacing. Ohio Revised Code Section 2903.21 states:
No person shall knowingly cause another to believe that the offender will cause serious physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.
Generally, Aggravated Menacing is a Misdemeanor of the First Degree, which carries a maximum penalty of 180 days in jail and a $1,000.00 fine. A Misdemeanor Aggravated Menacing conviction is generally eligible to be sealed or expunged from a person’s record.
Menacing by Stalking. Ohio Revised Code Section 2903.211 states:
No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person.
Menacing by Stalking can be committed through non-verbal, verbal, written, and/or electronic communication.
Generally, Menacing by Stalking is a Misdemeanor of the First Degree, which carries a maximum penalty of 180 days in jail and a $1,000.00 fine. A Misdemeanor Menacing by Stalking conviction is generally eligible to be sealed or expunged from a person’s record.
Menacing. Ohio Revised Code Section 2903.22 states:
No person shall knowingly cause another to believe that the offender will cause physical harm to the person or property of the other person, the other person's unborn, or a member of the other person's immediate family.
Generally, Menacing is a Misdemeanor of the Fourth Degree, which carries a maximum penalty of 30 days in jail and a $250 fine. A Misdemeanor Menacing conviction is generally eligible to be sealed or expunged from a person’s record.
Violating a Protection Order. Ohio Revised Code Section 2919.27 states:
No person shall recklessly violate the terms of a protection order.
Generally, Violating a Protection Order is a Misdemeanor of the First Degree, which carries a maximum penalty of 180 days in jail and a $1,000.00 fine. A Violating a Protection Order conviction is generally not eligible to be sealed or expunged from a person’s record.
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