What Is Domestic Violence In Ohio?
DOMESTIC VIOLENCE IS generally perceived by the public as any violent criminal act against a household member. However, the Ohio Revised Code actually has a specific law defining what is deemed domestic violence and the penalties for such activity.
Much conduct that the public would consider domestic violence is also criminalized under other Ohio laws established to protect individuals from the activity of others. When a person is charged with the crime of domestic violence, the person is also charged with violating some of these other protection laws, such as assault, telephone harassment, or menacing.
Elements Of Domestic Violence
OHIO REVISED CODE Section 2919.25 contains the Domestic Violence statute. In order to commit domestic violence under this law, a person must conduct any one of the following:
- Knowingly cause or attempt to cause physical harm to a family or household member.
- Recklessly cause serious physical harm to a family or household member.
- By threat of force, knowingly cause a family or household member to believe that he/she will be caused imminent physical harm to the family or household member.
“Knowingly” is generally defined as actual knowledge, or what a reasonable person would have known under the same circumstances. Recklessly is generally defined as being aware of a substantial and unjustifiable risk that a certain result will occur because of conduct or circumstances. Family or Household Member is defined as any of the following who is residing or who has resided with the person being charged with the crime:
- Spouse, former spouse, or boyfriend/girlfriend
- Parent, foster parent, child, or other relative;
- Parent or child of a spouse, former spouse, boyfriend/girlfriend, or relative;
Domestic Violence Penalties
|Classification||Max Jail Term||Fine|
|First Time Offender||Under section (A) or (B) 1st Degree Misdemeanor||6 months||$1000|
|First Time Offender||Under section (C) 4th Degree Misdemeanor||30 days||$250|
|First Time Offender||Under section (A), (B), or (C): 4th Degree Misdemeanor||30 days||$250|
|Second Offense||Under section (A) or (B): 4th Degree Felony||18 Months||$5,000|
|Under section (C): 2nd Degree Misdemeanor||90 Days||$750|
|Third Offense||Under section (A) or (B): 3rd Degree Felony||5 Years||$10,000|
|Under section (C): 1st Degree Misdemeanor||6 Months||$1,000|
*Knowledge that the victim is pregnant creates a mandatory prison term under many circumstances.