DOMESTIC VIOLENCE
What is domestic violence?
There are two kinds; one brought as a civil suit and one as a criminal action, which is brought by the prosecutor. Lets look at the civil action first.
CIVIL DOMESTIC VIOLENCE:
Domestic violence is through an act or conduct one causes a family or household member physical injury or fear of physical injury, a sexually oriented offense, or some harm to a child which would result in child abuse. "Family or household member" is defined broadly as any of the following who is residing with or has resided with the victim:
Any parent or adult household member may seek relief, including the victim, by filing a petition with the court.
This action is designed to protect the victim or a family member from further violence. Unfortunately, it is often abused in the divorce context by one spouse attempting to gain leverage over the other during a divorce, especially child custody. If you believe your spouse may attempt this kind of use, it is recommended that you seek legal counsel immediately.
Domestic violence actions are emotionally draining, time consuming and unnecessarily add substantial expense to both of the spouses. They are all too often unnecessary within the context of a divorce. Such actions distract from the primary issues of the divorce. They may engender bitterness that lasts for years, hamper employment possibilities of the alleged offender, complicate custody and visitation, and restrict one’s possession of firearms, to say nothing of a criminal record.
What procedures are associated with a civil domestic violence action?
The person requesting a civil protection order files the petition with the court, and if request for immediate protection is made, a hearing will be held the same day without informing the perpetrator (Ex Parte Order). The court may issue a temporary order pending a full evidentiary hearing, usually held within ten days, at which both the petitioner and the perpetrator will be able to present evidence upon the allegations to determine whether a civil protection order should be issued. The victim is entitled to a victim advocate.
Civil Protection Orders frequently include orders for child/spousal support and parental rights and responsibilities regarding children (custody). The parties may also enter into a consent agreement and if approved by the court, its terms apply. An order may last up to five years, and may be modified upon motion to the court by either party. Violation of an order may result in criminal prosecution and contempt of court.
- 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 respondent, or another person related by consanguinity or affinity to the respondent;
- A parent or a child of a spouse, person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the respondent.
- The natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent.
Any parent or adult household member may seek relief, including the victim, by filing a petition with the court.
This action is designed to protect the victim or a family member from further violence. Unfortunately, it is often abused in the divorce context by one spouse attempting to gain leverage over the other during a divorce, especially child custody. If you believe your spouse may attempt this kind of use, it is recommended that you seek legal counsel immediately.
Domestic violence actions are emotionally draining, time consuming and unnecessarily add substantial expense to both of the spouses. They are all too often unnecessary within the context of a divorce. Such actions distract from the primary issues of the divorce. They may engender bitterness that lasts for years, hamper employment possibilities of the alleged offender, complicate custody and visitation, and restrict one’s possession of firearms, to say nothing of a criminal record.
What procedures are associated with a civil domestic violence action?
The person requesting a civil protection order files the petition with the court, and if request for immediate protection is made, a hearing will be held the same day without informing the perpetrator (Ex Parte Order). The court may issue a temporary order pending a full evidentiary hearing, usually held within ten days, at which both the petitioner and the perpetrator will be able to present evidence upon the allegations to determine whether a civil protection order should be issued. The victim is entitled to a victim advocate.
Civil Protection Orders frequently include orders for child/spousal support and parental rights and responsibilities regarding children (custody). The parties may also enter into a consent agreement and if approved by the court, its terms apply. An order may last up to five years, and may be modified upon motion to the court by either party. Violation of an order may result in criminal prosecution and contempt of court.
CRIMINAL DOMESTIC VIOLENCE:
Criminal domestic violence is attempting or actually causing physical harm to a family or household member or through the threat of force cause one to believe the offender will cause imminent physical harm. It is just as broad in defining a family or household member as is the civil domestic violence suit. The criminal law applies and the penalties begin with a fourth degree misdemeanor or first degree misdemeanor depending upon the actual charge for a first offense. Charges and penalties progressively increase upon multiple violations, depending upon the number of prior offenses, through a fourth and third degree felony. If the victim is pregnant at the time of the offense charged, mandatory prison terms are required.
Criminal domestic violence actions are treated as criminal actions by this firm and are billed to the client on an hourly basis.
Both civil and criminal domestic violence actions are extremely complex in nature. I highly recommend seeking legal counsel immediately if you are confronted, or suspect that you may be, with either. Full evidentiary hearings are held within seven to ten days of filing the petition or charge. Do not attempt to handle these on your own.
Criminal domestic violence actions are treated as criminal actions by this firm and are billed to the client on an hourly basis.
Both civil and criminal domestic violence actions are extremely complex in nature. I highly recommend seeking legal counsel immediately if you are confronted, or suspect that you may be, with either. Full evidentiary hearings are held within seven to ten days of filing the petition or charge. Do not attempt to handle these on your own.
LOCATION TO SERVE YOU:
- Clients: Catalina Manufactured Home Park at 6501 Germantown Rd., Lot 41, Middletown, Ohio, 45042-1264, on State Route #4 [My Home - by appointment only] (Near the Land of Illusion Haunted Scream Park.)
- Phone: 513 423-8912
- Email: Monte K. Snyder, Attorney
THE INFORMATION PROVIDED ON THIS SITE IS INTENDED TO BE A BRIEF OVERVIEW OF SOME OF THE LEGAL PROCESSES INVOLVED IN THE ISSUES ADDRESSED. ALL INFORMATION IS LIMITED TO OHIO. IT IS NOT INTENDED AS LEGAL ADVICE ON YOUR PARTICULAR CIRCUMSTANCES. IT IS ONLY INTENDED TO ASSIST YOU IN UNDERSTANDING THOSE PROCESSES.
