What are the criminal penalties for a conviction of domestic violence?
A first conviction of domestic violence for an act of physical violence or attempted physical violence is a misdemeanor of the first degree, punishable by up to six months in jail and/or a $1,000 fine.
A second conviction of domestic violence for an act of physical violence or attempted physical violence is a felony of the fifth degree, punishable by a $2,500 fine and a definite period of incarceration of six, seven, eight, nine, ten, eleven, or twelve months.
As a result of Senate Bill 50, which became law on January 8, 2004, a third conviction of domestic violence for an act of physical violence or attempted physical violence is a felony of the third degree, punishable up to five (5) years in prison and/or a fine of $10,000.
A first conviction of domestic violence for threatening to use physical force against a family household member is a misdemeanor of the fourth degree punishable by up to 30 days in jail and/or a $250 fine.
A second conviction of domestic violence for threatening to use physical force against a family or household member is a misdemeanor of the second degree, punishable by up to 60 days in jail and/or a $500 fine.
As a result of Senate Bill 50, effective January 8, 2004, a third or subsequent conviction for threatening to use physical force against a family or household member is a misdemeanor of the first degree, punishable by up to six (6) months in jail and/or a felony of the third degree, punishable by up to five years in prison and/or a $ 1000 fine.
Can the police arrest both parties—the man and the woman—for domestic violence?
Yes, but Ohio law strongly discourages that practice.
Under Ohio’s preferred arrest law, in cases where law enforcement officers determine that both the man and the woman committed domestic violence, the officer should determine which party is the “primary physical aggressor.” RC 2935.03(B)(3)(b).
Law enforcement officers are not prohibited from arresting both persons who engage in domestic violence against each other, but in most cases the officer should only arrest the primary physical aggressor. In determining which person is the primary physical aggressor, the officer should consider the following factors:
1. Any history of domestic violence or any other violence acts by either person involved in the alleged incident that the officer reasonably can ascertain;
2. Whether one of the persons was acting in self defense;
3. Each person’s fear of physical harm, if any, resulting from the other person’s threatened use of force or actual use or history of use of force against any person, and the reasonableness of that fear; and
4. The comparative severity of any injuries suffered by the persons involved in the incident.
The police officer or sheriff’s deputy is expected to weigh and balance these four factors in determining which person involved in the domestic violence incident is the primary physical aggressor.
No one of the factors is determinative. It is possible that one of the factors might suggest that one person is the primary physical aggressor while one or more of the other factors suggests that the other person is the primary physical aggressor.
For example, the primary physical aggressor may have less severe injuries than the other person because the other person was acting in self-defense because of a reasonable fear that her abuser would inflict greater injuries upon her if she did not act in self-defense. In that case, the officer may determine that the person with the less severe injuries is the primary physical aggressor.
If you find yourself being charged with domestic violence, please don’t hesitate to contact Skip Potter for representation.
Source:
http://www.ohiolegalservices.org/public/legal_problem/domestic-violence/domestic-violence/criminal-domestic-violence/qandact_view
