When you are facing a domestic violence charge in Ohio, it can feel like your world has been turned upside down. The process can be overwhelming, whether it’s the result of a misunderstanding, a heated argument, or a false accusation.
The next legal steps can be stressful. However, when you know what to expect, you can take control of the situation. If you or a loved one is facing domestic violence charges, here’s what you can expect to happen next.
The Arrest
When the police respond to a domestic violence call, they are often required by law to make an arrest if they believe a crime has occurred. This means that even if the alleged victim does not want to press charges, the police may still arrest you.
At this stage, you will be taken to jail and booked. Sometimes, you can post bail and be released until your court hearing. However, you could be held in custody for a time.
Your First Court Appearance
You must appear before a judge within a day or two of your arrest. This is known as an arraignment. The judge will:
- Explain your charges
- Advise you of your rights
- Ask how you wish to plead
- Decide whether to set bail
You might be released under certain conditions if you have been granted bail. Sometimes, you may have to stay away from the alleged victim or avoid contact.
Protection Orders
In many cases, a protection order will be issued by the court. There are two types of protection orders in Ohio:
- Temporary Protection Order (TPO): This order is in place until your next hearing.
- Civil Protection Order (CPO): This order can last up to five years.
This order can prevent you from:
- Contacting the alleged victim
- Going back to your home
- Being near the alleged victim’s workplace or school
Violating a protection order is a serious offense and can result in additional charges.
Pretrial Hearings
During this phase, your attorney will have the chance to review the evidence against you. They will also discuss possible plea deals and file motions to dismiss evidence or reduce charges. In some cases, you may be offered a plea bargain. With that, you can plead guilty to a lesser charge in exchange for a lighter sentence.
Some first-time offenders may be eligible for diversion programs. Completing the program may result in the charges being dropped.
If the prosecution doesn’t have enough evidence, your case could be dismissed before it even goes to trial.
The Trial
If a plea deal is not reached and the case goes to trial, the prosecution will have to prove that you committed domestic violence. You will have an opportunity to present evidence and arguments in your favor.
If convicted, the sentencing will depend on several factors, such as if this is your first offense and the severity of the alleged victim’s injuries. Some possible outcomes include a misdemeanor or felony conviction.
Even if the criminal case ends, the consequences of a domestic violence conviction can linger. Many employers conduct background checks. A sentence can make it more difficult to find or keep a job.
If you have children, a conviction could impact your custody and visitation rights. Family courts take domestic violence seriously when making decisions about child custody.
A conviction can make it harder to find housing, especially if the alleged victim was living with you.
Legal Help for Your Case
What happens after a domestic violence charge in Ohio can change your life. You need to be prepared.
The legal process can be intimidating. However, remember, you have the right to defend yourself. This is where a criminal defense lawyer can help protect your rights and assist with the process. If you are searching for a skilled and experienced legal team for your case, reach out to Hunt Law LLC. We will determine the right defense for you. If you want to arrange a free consultation, please contact us at 330-469-9836.