Is Domestic Violence a Felony in Ohio?
Domestic violence, also known as intimate partner violence, is a serious issue that affects individuals across the United States, including Ohio. In this article, we will explore whether domestic violence is a felony in Ohio and what the legal implications are for those accused.
Is Domestic Violence a Felony in Ohio?
Yes, domestic violence can be a felony in Ohio, depending on the circumstances of the crime. Ohio Revised Code §2905.32 outlines the criminal penalties for domestic violence, which can be a misdemeanor or a felony.
What Constitutes Domestic Violence in Ohio?
In Ohio, domestic violence is defined as:
"Any offender who has a family or household member as defined in division (A)(1) or (2) of this section, commits domestic violence, a misdemeanor of the first degree, if the offender:
- Causes or attempts to cause physical harm to the family or household member;
- Recklessly causes or attempts to cause physical harm to the family or household member;
Creates a risk of physical harm to the family or household member;
Commits a menacing act that intimidates the family or household member;
*Restrains the liberty of the family or household member, which results in substantial emotional distress."
Penalties for Domestic Violence in Ohio
The penalties for domestic violence in Ohio depend on the severity of the crime and whether it is a first or subsequent offense. Here is a breakdown of the potential penalties:
- Misdemeanor of the First Degree: Up to 6 months in prison and/or a fine up to $1,000
- Misdemeanor of the Second Degree: Up to 90 days in prison and/or a fine up to $750
- Felonious Domestic Violence: Up to 2 years in prison and/or a fine up to $5,000
When is Domestic Violence Considered a Felony?
Domestic violence can be considered a felony in Ohio if it involves serious physical harm, threats to kill, or if there is a previous conviction for domestic violence. Table 1 below highlights the circumstances that can result in a felony charge.
| Circumstances | Penalty |
|---|---|
| Serious physical harm | Felony 4th degree (2-5 years in prison) |
| Threats to kill | Felony 4th degree (2-5 years in prison) |
| Prior conviction for domestic violence | Felony 4th degree (2-5 years in prison) |
| Strangulation or suffocation | Felony 3rd degree (2-8 years in prison) |
| Infliction of serious harm to a minor | Felony 2nd degree (2-8 years in prison) |
Consequences of a Felony Domestic Violence Conviction
A felony conviction for domestic violence in Ohio can have significant consequences, including:
- Loss of liberty: Up to 5 years in prison
- Fines: Up to $5,000
- Loss of voting rights: 10 years
- Loss of gun rights: Life
- Criminal record: Permanent
- Employment and housing implications: May affect job opportunities and ability to secure housing
How is Domestic Violence Investigated in Ohio?
In Ohio, domestic violence is investigated by local law enforcement agencies, such as police departments or sheriff’s offices. The investigation process typically includes:
- 911 Call: The alleged victim reports the incident to 911, and law enforcement responds
- Police investigation: Officers collect evidence and statements from witnesses and victims
- Arrest: The accused may be arrested and charged with domestic violence
- Interviews: Victims and accused may be interviewed by authorities
- Evidence analysis: Physical evidence, such as DNA, may be analyzed
How can I Get Help if I am a Victim of Domestic Violence in Ohio?
If you are a victim of domestic violence in Ohio, there are several resources available to help:
- National Domestic Violence Hotline: 1-800-799-7233
- Ohio Domestic Violence Network: ohiodomesticviolencenetwork.org
- Local shelters and services: Contact your local domestic violence shelter or advocacy center for support
Conclusion
Domestic violence is a serious issue that affects individuals in Ohio and nationwide. While domestic violence is often considered a misdemeanor in Ohio, it can also be a felony in serious cases. It is important to understand the legal consequences of domestic violence and seek help if you are a victim. Remember, if you or someone you know is experiencing domestic violence, there are resources available to support you.
