The Law Offices of Brian J. Smith, ltd. defends clients across Ohio against domestic violence charges. These cases often arise from tense family situations and can carry consequences that reach well beyond the courtroom, and allegations are not always accurate, particularly during a contested divorce or custody dispute. We examine the evidence, the witness statements, and the circumstances of the arrest to build a defense suited to the specific facts of each case.
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 serious penalties, including up to $1,000 in fines and six months in jail for a first offense, and the consequences reach well beyond sentencing. A domestic violence conviction can affect many areas of life:
One consequence is easy to overlook: under federal law, a misdemeanor domestic violence conviction generally results in a lasting loss of the right to possess firearms. Many people do not realize a conviction carries this effect until it is too late to weigh it in their decisions.
A domestic violence case often begins with a protection order. A temporary protection order is frequently issued at arraignment and can bar you from your own home and from any contact with the alleged victim, sometimes including your children, while the case is pending. A separate civil protection order can be sought as well and can remain in place for a longer period. These orders can reshape daily life immediately, before any finding of guilt.
Violating a protection order is a separate criminal offense under Ohio Revised Code 2919.27, even when the contact seems minor, such as a single text message. A first violation is a first-degree misdemeanor, and the charge rises to a felony when the offender has a qualifying prior or violates the order while committing another felony. Because the terms of these orders are strict and the penalties for breaking them are serious, understanding exactly what an order requires is an important early step in any case.
A domestic violence charge often turns on the details: who said what, what the physical evidence actually shows, and whether the relationship even fits the statute. We look closely at how the case was built, including the reliability of witness statements, the presence or absence of injuries, and whether an allegation may have arisen from a contested divorce or custody dispute. Where the facts support it, we raise self-defense, challenge insufficient or inconsistent evidence, and hold the state to its burden of proof. If you or someone you care about is facing a domestic violence charge, we are glad to review the situation confidentially and explain the options.
The attorneys at The Law Offices of Brian J. Smith, ltd. 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.
