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How Do the Courts in Ohio View Domestic Violence Charges?

Interviewer: How do the courts view people a person convicted or accused of domestic violence? Are they really hard on them or do they show leniency?

Adam: To a degree, the first thing they’re going to do is put a no contact order in with the victim. Then again, it’s going to depend on the court, and the judge, and the prosecutor what they want to do, and how they want to handle the situation. They will take into account how strong of a case it’s going to be at that point in time.

What Is the Typical Domestic Violence Occurrence?

Interviewer: What’s your typical domestic violence scenario? Is it just arguing, or is it people literally beating each other up, and someone calls the police?

Adam: Typically the defendants tend to be male. The scenario ranges from anywhere from maybe he did push her or even restrained her and that action would be sufficient to qualify for domestic violence. Sometimes it’s probably exaggerated. You do have people calling in false reports.

To a degree, domestic violence accusations have to be serious enough to actually at least arrest the person and then let the prosecutor determine whether there’s sufficient evidence to go forward with a case.

Has Society’s Views on Domestic Violence Changed?

Interviewer: In the old days couples would fight, and then maybe the police would say, “Oh well that’s what couple do,” and people wouldn’t be arrested. Nowadays if the police are called, and the couple states that they were just arguing but all is now fine, will the police walk away, or will they always make an arrest?

The Police Make the Initial Determination During a Domestic Violence Allegation

Adam: It’s going to depend on the situation. It will depend on what was alleged during a 911 call, if somebody else reported it, and the police will conduct their investigation and make their own determination on whether to arrest somebody.

Interviewer: I didn’t know if they have discretion anymore or if they are going to always make an arrest if they are called to the scene.

Most Commonly, the Police Will Make an Arrest if They Are Called to a Domestic Violence Scene

Adam: To a degree they’re probably almost always going to arrest one of the parties.

Most Domestic Violence Charges Originate With 2 Parties Arguing

Interviewer: When a client contacts you, what’s the common back-story? Does the charge stem from usually just arguing, or usually when people have physical contact? Are there other commonalities that you can you tell me?

Adam: Usually it’s arguing that tends to have escalated. More and more I see one of the parties discovers a text message on the other party’s telephone, and whether or not the other party’s cheating on them or not is one thing, but that’s usually what the source of it is.

By Adam Hunt

Ohio Criminal Defense Attorney Adam Hunt
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