At Smith's Law Offices, we understand that domestic violence allegations require careful examination and a thorough legal defense. These cases often arise from complex family situations and can have far-reaching consequences for all parties involved. False allegations do occur, particularly during contentious divorce or custody proceedings, and our experienced attorneys know how to identify and effectively challenge unfounded accusations.
Our legal team recognizes that domestic violence cases frequently present unique challenges. Law enforcement must make rapid decisions in emotionally charged situations, sometimes leading to arrests despite conflicting accounts or limited evidence. The serious nature of these allegations means that charges may proceed even when complainants later wish to withdraw them.
We provide strategic defense options for our clients, including comprehensive investigation of all evidence and witness statements, analysis of physical evidence and documentation, development of appropriate legal defenses based on the specific circumstances, and navigation of the criminal proceedings.
Revised Code Section 2919.25 defines Domestic Violence as:
A family or household member is defined to include any of the following:
A. A person who has resided or is residing with the defendant if they are:
1. A spouse, a person living as a spouse, or a former spouse of the offender;
a. "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, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.
2. A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
3. 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.
B. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent.
A violation resulting in actual harm, as previously described, is classified as a first-degree misdemeanor, while a threat is categorized as a fourth-degree misdemeanor. The severity of the crime may increase, becoming felony charges, based on factors such as the number of prior convictions and whether the defendant was aware that the victim was pregnant.
These convictions carry severe penalties, including fines of up to $1,000 and six months in jail for a first offense. However, the consequences extend far beyond these penalties. Individuals may experience job loss, revocation of professional licenses, loss of gun rights, and potential effects on immigration or naturalization status. Additional repercussions may include loss of custody and housing. Furthermore, most domestic violence charges cannot be sealed or expunged.
Our attorneys have extensive experience in presenting evidence of self-defense, defending against mistaken allegations, and challenging insufficient evidence. We work diligently to protect our clients' rights while managing the sensitive nature of these cases. With decades of combined experience in domestic violence defense, the legal team at Smith's Law Offices provides robust representation while helping clients maintain their dignity throughout the legal process.
Contact us today for a confidential consultation regarding your case. We are committed to protecting your rights and securing the best possible outcome for your situation.
We Have You Covered:
The attorneys at the Law Offices of Brian J. Smith provide criminal defense representation in courts along the North Coast of Ohio, including all courts in the following counties: Ashtabula, Cuyahoga, Erie, Geauga, Huron, Lake, Lorain, Ottawa, Portage, Sandusky, and Summit.
