Ohio Domestic Violence Laws

Domestic violence crimes take a toll on everyone they touch. Since they involve family and loved ones, it's a terrible experience that can devastate victims and witnesses. In Ohio, law enforcement and victim advocates respond daily to domestic abuse between people in close personal relationships.

Domestic violence involves a full array of relationship abuse. It can include physical, mental, and emotional abuse directed at a victim. It most often stems from the offender's need for power and control.

Ohio has laws and programs to help victims find protection and escape their abusers. In this article, we'll examine Ohio's definition of domestic violence. We'll review how Ohio combats domestic violence and what to do if you or someone you know is a victim.

Ohio Domestic Violence Laws: Criminal Offenses

Many states address domestic violence through sentencing enhancements. They don't have a separate stand-alone domestic violence crime. In contrast, Ohio establishes domestic violence as its own offense. State law gives specific penalties and sentencing in a domestic violence case.

In Ohio, domestic violence happens when a person commits an assault or menacing offense against a family or household member. The law breaks down as follows:

  • If you knowingly cause or attempt to cause physical harm to a family or household member, you can face first-degree misdemeanor charges on a first offense.
  • If you recklessly cause serious physical harm to a family or household member, you can face first-degree misdemeanor charges on a first offense.
  • If you, by threat of force, knowingly cause a family or household member to believe that you will cause them imminent physical harm, you can face fourth-degree misdemeanor charges on a first offense.

Each type of domestic violence crime above can carry jail time on a first offense. Ohio law also allows criminal domestic violence penalties to increase in certain situations.

In Ohio, a prior conviction for domestic violence can lead to enhanced charges on a subsequent offense. Also, a conviction for other specified violent crimes when the victim and offender were in a domestic relationship may lead to similar enhancement on a later offense. For example, with a qualifying prior domestic violence conviction, a second domestic violence assault becomes a fourth-degree felony, and a third such assault becomes a third-degree felony.

When an offender commits a subsequent domestic violence menacing crime after a prior conviction, they face enhancement to a second-degree misdemeanor.

When an offender knowingly commits a domestic violence offense against a pregnant victim, this can also increase the degree of the crime and its punishment.

As in all criminal cases, the state has the burden of proof. Of course, domestic violence crimes include an act of violence and a domestic relationship. What are the specific personal relationships at issue? Let's take a closer look.

Domestic Violence in Ohio: Family and Household Members

Under Ohio criminal law, two strangers can't be part of a domestic violence offense. State criminal law requires that to qualify as domestic violence, the parties must be family or household members. The betrayal by someone close to the victim demonstrates how these crimes can tear families apart.

Domestic violence classification in Ohio criminal cases involves parties who are living or have lived with the offender:

  • Spouse, person living as a spouse (common law), or former spouse of the offender
  • Parent, foster parent, or child of the offender or another person related by consanguinity (blood) or affinity (marriage) to the offender
  • Parent or child of a spouse, person living as a spouse, former spouse of the offender or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offenders
  • The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent

So, other than parties who have a child in common, Ohio domestic violence law requires some ongoing or prior history where the parties lived in the same household.

Ohio's stand-alone domestic violence law brings attention to the repetitive and often escalating nature of domestic violence crimes. As a result, Ohio police departments, prosecutors, and courts have developed specific programs that seek to intervene, stop the cycle of violence, and hold offenders accountable.

The state also developed criminal temporary protection orders (TPOs). These laws permit criminal courts to order offenders to have no contact with a victim during the criminal case. Violation of these orders is a crime.

Domestic Violence in Ohio: Protection Orders

As in other states, Ohio lawmakers adopted a separate civil law to help victims escape domestic violence. You need not have an existing criminal case to get a civil protection order (CPO).

In the context of a CPO, Ohio provides a broader definition of domestic violence. For example, a person suffering from dating violence can petition the court for a CPO.

There are many different types of domestic violence. An abuser can make use of several tactics designed to gain power and control over the victim. Such an approach can keep the victim feeling trapped, intimidated, and in fear.

To get a CPO for domestic violence, the offender's conduct must fall into one of several categories that encompass many crimes. These include:

  • Causing a bodily injury with intent or through recklessness
  • Attempting to cause a bodily injury with intent or through recklessness
  • Placing another person in fear of imminent physical harm through stalking, aggravated trespass, or a threat of force
  • Child abuse
  1. Sexually oriented offenses, including:
  2. Sexual battery
  3. Rape
  4. Voyeurism
  5. Sexual imposition and gross sexual imposition

If family members, household members, or people in a dating relationship have an act happen between them that fits one of these categories. Ohio considers it domestic violence for purposes of a CPO. Let's see what that means for victims and abusers.

Ohio Domestic Violence Laws: Victim Protections and Programs

The main goal of any domestic violence victim resource is to keep the abuser away from the victim. Though different approaches, these methods can offer effective relief.

Ohio Domestic Violence Protection Orders

Also known as a restraining order, an Ohio domestic violence civil protection order (DVCPO) offers protection and more for victims of domestic abuse. This court order uses provisions tailored to the petitioner's (victim) needs. While no contact and stay-away conditions are common, a DVCPO can also determine temporary custody, living arrangements, and more.

Petitioners can apply for a DVCPO in the Domestic Relations Division of their local court of common pleas. Forms are also available online to complete elsewhere. Once submitted, the court clerk takes the petition to a judge or magistrate. The court may have questions for the petitioner. If the court agrees there's a threat of further abuse, it can issue a temporary ex parte protection order.

Temporary protection orders last seven to 10 days or until a full hearing. The respondent (abuser) gets served the order and full hearing notice by law enforcement. In a contested case, the petitioner and the respondent appear at a final hearing. Both sides can explain their case, offer evidence, and call witnesses. If the court decides the respondent is dangerous to the petitioner, it will issue a final civil protection order. The parties can also agree on terms of a CPO. When they do so, the court can adopt their consent agreement DVCPO.

Because a CPO case falls under civil law, the petitioner must prove its case by a preponderance of the evidence. This means they must show it is more likely than not that the domestic abuse happened and that there is a danger of harm.

A final DVCPO lasts for up to five years. There's a lot to know about protection orders in Ohio. This article has a detailed examination of how Ohio protection orders work and what a victim needs to do to get one.

For a dating relationship to qualify for a DVCPO, it must be more than a casual relationship. Someone you have a romantic or intimate relationship with will qualify. A coworker you don't spend time with outside the office would not qualify.

CPOs issued in Ohio are enforceable anywhere in the U.S. under federal law. Applying for one is free.

Although Ohio criminal law does not criminalize possessing a firearm while subject to a CPO. CPOs normally ban the respondent from having firearms while they are in effect. Violating such a condition could result in new state criminal charges for violating a protection order.

Under federal law, a person under a qualifying protection order or a person convicted of a qualifying domestic violence offense can't have firearms. Ohio law requires courts to give notice about these firearms bans to those issued protection orders and to those convicted of domestic violence offenses. The Ohio Supreme Court gives guidance to help courts follow these laws.

Safe at Home Program

No victim wants their abuser to find them again. Ohio's Safe at Home Program helps by issuing victims a second legal mailing address. This is used for almost all public records, keeping the victim's true address hidden. The Post Office also forwards first-class mail. Victims can apply through an application assistant program.

Domestic Violence Advocates

Victims should know that they're not alone. Domestic violence advocates know what they're facing and how to help them. From helping devise a safety plan to get a victim to a safe location, the experience of these advocates is a powerful resource. If you're considering legal action against your abuser for financial recovery, having a domestic violence attorney on your side is a good idea.

Ohio domestic violence laws

Ohio Revised Code

Title 29 — Crimes-Procedure

Chapter 2919 — Offenses Against the Family

Title 31 — Domestic Relations — Children

Chapter 3113 — Neglect, Abandonment, or Domestic Violence

Qualifying domestic relationships under Ohio law

To establish the elements of a crime of domestic violence, the state must show that the offender committed the offense against a family or household member. A family or household member includes:

  1. Any of the following who are residing or have resided with the offender:

  • Spouse, person living as a spouse (common law or live-in partner within the last five years), or former spouse of the offender
  • Parent, foster parent, or child of the offender or another person related by consanguinity (blood) or affinity (marriage) to the offender
  • Parent or child of a spouse, person living as a spouse, former spouse of the offender or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender

2. The natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent

For establishing grounds for a Civil Protection Order (CPO), the petitioner must show that the petitioner and the respondent meet the relationship test of family or household member in the criminal statute or have been in a dating relationship. A dating relationship means:

  • A relationship between people who have or had a relationship of a romantic or intimate nature
  • It does not include a casual acquaintanceship or ordinary fraternization in a business or social context
  • The relationship involves two adults and has happened within the last 12 months

(Section 3113.31; Section 2919.25)

Abusive acts considered domestic violence in Ohio civil protection orders

The following offenses are domestic violence in Ohio CPO cases when they happen between people in a qualifying relationship:

  • Causing a bodily injury through intent or recklessness
  • Attempting to cause a bodily injury through intent or recklessness
  • Placing another person in fear of imminent serious physical harm through threats, stalking, or aggravated trespass
  • Child abuse
  • Sexually oriented offenses

(Section 3113.31; Section 2919.25; Section 2903.211; Section 2911.211; Section 2151.031, Section 2950.01)

Criminal penalties for domestic violence and violating a protection order

Domestic Violence (O.R.C. 2919.25)

Knowingly causing or attempting to cause physical harm or recklessly causing serious physical harm:

  • First offense: First-degree misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000
  • First offense if the offender was aware the victim was pregnant: Fifth-degree felony, punishable by six to 12 months in prison and a fine of up to $2,500
  • Second offense: Fourth-degree felony, punishable by six to 18 months in prison and a fine of up to $5,000
  • Third or subsequent offense: Third-degree felony, punishable by nine to 36 months in prison and a fine of up to $10,000

Placing another person in fear of imminent serious physical harm through threat of force:

  • First offense: Fourth-degree misdemeanor, punishable by up to 30 days in jail and a fine of up to $250
  • First offense if the offender was aware the victim was pregnant: Third-degree misdemeanor, punishable by up to 60 days in jail and a fine of up to $500
  • Second offense: Second-degree misdemeanor, punishable by up to 90 days in jail and a fine of up to $750
  • Third or subsequent offense: First-degree misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000

All sentences that involve a pregnant victim carry mandatory jail time.

Violating a Protection Order (O.R.C. 2919.27):

  • First violation: First-degree misdemeanor, punishable by up to 180 days in jail and a fine of up to $1,000
  • Subsequent violations: Fifth-degree felony, punishable by six to 12 months in prison and a fine of up to $2,500
  • Any violation while committing a felony offense: Third-degree felony, punishable by nine to 36 months in prison and a fine of up to $10,000

Violators may face contempt-of-court charges as well.

(Section 2919.25; Section 2919.27)

Domestic violence and firearms in Ohio

Ohio criminal law prohibits anyone with a felony offense of violence conviction from possessing firearms. It does not ban possession of a firearm while a person is the subject of a protection order or after conviction for a misdemeanor domestic violence offense.

Yet, state law requires Ohio courts to notify those under protection orders and those convicted of misdemeanor domestic violence of federal law prohibitions in this area.

Most Ohio courts will ban firearm possession as a condition of a final protection order. Violating such a condition may lead to new criminal charges for violating a protection order.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state laws you are researching.

Ohio Domestic Violence: More Resources

Dealing With Domestic Violence in Ohio? Speak With an Attorney

Victims of domestic violence deserve an abuse-free life. If you're in immediate danger, call 911. If you want to escape your abuser and are ready to take the next step, contact an Ohio domestic violence attorney. Put their experience to work for you.

If someone has accused you of domestic violence and you're facing criminal charges, talk to an Ohio criminal defense attorney. They'll examine the alleged victim's claims and explain your options for the best outcome. Being charged with domestic violence is serious business. A skilled lawyer can help.

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