Domestic Violence Lawyer in Cincinnati
Defending Clients for 20+ Years
Domestic violence charges are emotional. No matter what type of charges you’re facing, you need a domestic abuse lawyer who will stand up for your rights and help you through this difficult time.
The attorney at Herzner Law has 20+ years of experience practicing law in Cincinnati, Ohio. He will work with you every step of the way to make sure you understand your charges and the upcoming steps in your case.
Choose an experienced attorney with a strong understanding of the law as it pertains to your unique situation. Contact a skilled Cincinnati domestic violence attorney today for representation.
What Is Domestic Violence?
Domestic violence, also known as intimate partner violence or family violence, refers to a pattern of abusive behaviors used by one person in a relationship to gain or maintain power and control over another person.
It is a serious and widespread issue that can occur in various types of relationships, including marriages, dating relationships, cohabitating partnerships, and familial relationships.
Domestic violence can occur in relationships regardless of age, socioeconomic status, race, ethnicity, or gender. It has serious and far-reaching consequences for the victims, including physical injuries, emotional trauma, and, in extreme cases, death.
It's important to recognize that domestic violence is a crime, and there are legal measures in place to protect victims. If you or someone you know is experiencing domestic violence, it's crucial to seek help.
This may involve contacting local law enforcement, a domestic violence hotline, or a local domestic violence shelter. Many countries and regions have support services and resources available for those affected by domestic violence.
The Categories of Domestic Violence Law
Domestic abuse is an umbrella term that covers a lot of different charges. If you’re being accused of domestic abuse, it’s important to know what type of charges you’re facing to build your case effectively.
Domestic violence law lumps abuse charges into three main categories:
- Physical Abuse: This includes assault, battery, sexual assault, and stalking
- Emotional Abuse: This includes reckless or extreme actions that cause severe distress
- Financial Abuse: This includes stealing or exclusively controlling money without authorization
- Sexual Abuse: Coercing or forcing a partner to engage in sexual acts without their consent. This includes sexual assault, rape, or any unwanted sexual activity.
- Verbal and Non-Verbal Abuse: Using words, gestures, or actions to belittle, demean, or intimidate the other person. This can include constant criticism, name-calling, or the use of body language to instill fear.
- Isolation: Attempting to control a partner by limiting their contact with friends, family, or other support systems. This can involve physical isolation or emotional manipulation.
- Stalking: Persistent, unwanted attention, contact, or surveillance that instills fear in the victim. This can include following, monitoring, or sending threatening messages.
Is Domestic Violence a Felony in Ohio?
The severity of domestic violence charges in Ohio can vary depending on the specific circumstances of the offense. In Ohio, domestic violence can be charged as a misdemeanor or a felony, depending on the severity of the offense, the presence of any aggravating factors, and whether there are any prior convictions.
If the offense is charged as a misdemeanor, the penalties include fines, probation, and up to six months in jail. If the offense is charged as a felony, the penalties can include imprisonment for up to several years, fines, and other restrictions.
Aggravating factors that may result in more severe charges include:
- Using a deadly weapon.
- Causing serious physical harm.
- Violating a restraining order or protection order.
- Having prior domestic violence convictions.
Additionally, if the victim is a family or household member, the offense may be charged as domestic violence, which carries additional penalties.
It is important to note that domestic violence charges in Ohio can have significant legal and personal consequences, including the loss of the right to own a firearm, negative impacts on employment, and damage to personal relationships.
If you are facing domestic violence charges in Ohio, it is recommended to seek the advice of a qualified Cincinnati domestic violence attorney who can provide guidance and representation throughout the legal process.
What Happens if a Police Report Is Filed in Connection with a Family Violence Matter?
An important factor to be aware of when facing a family violence matter is that any time a police report is made in connection with a matter of domestic violence law, it goes beyond the hands of the individuals involved in the dispute and becomes a matter of the state. This is because all instances of domestic violence or family violence are considered to be criminal offenses, and all criminal offenses are recognized as matters of the state.
When a police report is made, law enforcement will conduct an investigation to determine whether there is enough evidence for the district attorney’s prosecuting office to bring charges against the alleged perpetrator.
If the alleged victim in one of these cases does, for whatever reason, decide to change their mind or retract their statements it often does not change the course of the prosecution’s actions.
It is up to the discretion of the prosecutor to determine whether or not to pursue a conviction for any alleged criminal offense. Depending on which county or court is handling the case, there may be a change in the likelihood of whether or not it is possible for the alleged victim to weigh in on the pursuance of the case.
What Can a Domestic Violence Law Firm Do for Me?
A firm that specializes in family law matters is particularly well-positioned through its experience and knowledge to advocate for you at any stage of your case. There is a stigma attached to cases of this nature and your attorney will be able to take the necessary steps to reduce tension by whatever means is necessary and appropriate.
A firm with experience and understanding will be able to parse through the specifics of your unique set of circumstances in order to craft a strategic defense plan that will aim to protect your rights both as an individual and as a parent, when applicable.
Additionally, attorneys who practice in this area of law may be able to represent you if you have filed a police report but are trying to persuade the district attorney to drop the case. In some cases, it is necessary for someone who has filed a report to hire an attorney to avoid criminal litigation against the person they have accused.
The right Cincinnati domestic violence lawyer will be able to work with you as a sounding board and as a fierce advocate as you navigate these matters. While it is perfectly legal for you to represent yourself, it is highly advisable to avoid that at all costs.
There is the initial consideration of understanding that there are many intricacies involved in these cases in terms of case law, legislation, and timeframes that vary from state to state.
What’s even more important is that should your case go to trial, there will likely be a bias in the jury to believe the alleged victim. An attorney is able to act as an intermediary between you and the state, and you and the court of public opinion.
Turn to Herzner Law
Whatever your unique set of circumstances may be, the legal team at Herzner Law is standing by, ready to work with you and protect your future. If you are seeking legal counsel or representation for a family violence matter, please don’t hesitate to contact our domestic violence lawyer in Cincinnati.
Attorney Shane Herzner has over 20 years of experience working with clients in their child support and family violence law matters. Our firm understands the emotional strife that comes with these cases. Family matters can bring up an intense and wide range of emotions, and when you are struggling with legal issues that arise in the course of your domestic life it can complicate situations even further.
Our firm is committed to providing compassionate and dedicated legal representation
to families and individuals in the greater Cincinnati, OH area. We offer a full range
of legal services for every family violence law matter. From legal defense for those
seeking to protect their rights as parents, to our work in domestic violence victim
law, Herzner Law is here to help.
Former Assistant Prosecutor
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