"In Ohio, police tend to follow what is known as a "zero tolerance policy" when it comes to domestic violence allegations. This means that when the police are called to the scene of an alleged domestic incident, it is policy to arrest the alleged offender, usually the man, no matter the underlying circumstances."
Michael C. Hennenberg
Cuyahoga County Criminal Defense Attorney
With life's pressures coming at family members from multiple directions, the stress and tension sometimes manifests itself in ways which result in an unintended consequence, such as being arrested. Domestic violence is not just between spouses. Under Ohio Criminal Law, domestic violence can be between a husband and wife, between significant others and family members, including parents and children.
If a household member threatens, attempts or physically hurts another household member, the local police department is often called to the home. If you or a loved one is charged with a domestic violence offense, a Court may issue a Domestic Violence Criminal or Civil Protection Order which remains in effect until the case is over, meaning the defendant cannot go home nor have contact with their family.
Domestic Violence is treated very seriously by the Cuyahoga County Court of Common Pleas as well as the Cleveland and suburban municipal courts. If a person has a prior Domestic Violence conviction, a second Domestic Violence incident can be prosecuted as a felony, which can result in a sentence of up to 5 years imprisonment.
There are three types of Domestic Violence in Ohio
Domestic violence is essentially a threat, attempt or actual assault on a household or family member. In Ohio there are 3 scenarios where prosecutors can charge Domestic Violence in Municipal and/or Common Pleas Courts:
•(1) By threat of force, knowingly causing a family or household member to believe that they will suffer imminent physical harm.
•(2) Recklessly causing physical harm to a family or household member.
•(3) Knowingly causing or attempting to cause physical harm to a family or household member.
A Comprehensive, Caring and Personalized Team Defense
Since 1974, Michael C. Hennenberg has aggressively defended family members charged with family violence offenses by working with a personalized defense team that may consist of many types of experts, including, but not limited to private investigators, counselors, polygraphists and/or mental health professionals. For example, a complaint alleging domestic violence may be a lie based on the complainant's objective to retaliate and harm the defendant. In such a case, Mr. Hennenberg will direct the fact investigation, which often involves assigning a private investigator to conduct witness interviews and collect evidence to determine the provability of the criminal complaint, and recommend a strategy while preparing for trial.
In other situations, a complaint alleging domestic violence may be truth based, but arose from pressures that do not justify violence, but explain how the outburst came about. Mr. Hennenberg reviews the facts with the client and determines a defense strategy. Often, a mental health professional, counselor or other professional may be of assistance in helping the client and/or the client's family identify possible underlying personal and emotional issues and help them understand the triggers and progression of anger that develops in an effort to create a healthier and safer family life.
Contact a Lawyer
Contact Attorney Michael C. Hennenberg, certified by the National Board of Trial Advocacy and a Fellow in the American Board of Criminal Lawyers, to schedule a consultation with an experienced, tough and caring Ohio criminal defense
