Domestic Violence should not happen to… Anybody.Ever.Period.
If you are living with violence and need help, please reach out for it. Don’t hesitate, don’t rationalize it away, and don’t wait. Your life is too important to risk it that way. If you need help, advice, or other assistance, please contact one of the groups listed at the top of our resources section. If you need a protection order, please contact me and I will fight to get one for you, at no cost to you.
DOMESTIC VIOLENCE
Domestic Violence Generally
- Domestic Violence has been a crime in Ohio since 1979
- A victim of domestic violence has both criminal and civil remedies at their disposal, including protection orders that can order the perpetrator to do, or refrain from doing, certain acts
- The definition of conduct that constitutes Domestic Violence is addressed more in-depth below; but, generally, the criminal and civil statutes define domestic violence as causing physical harm, attempting to cause physical harm, or making ‘threats of physical harm to a Family or Household Member’.
- The DV statutes are geared toward protecting a narrow class of victims (the perpetrator’s immediate family and other relatives)
- There are other criminal laws and other types of civil restraining orders available for those dealing with violence or threats from non-family
- ‘Family or Household Member’ has a rather broad definition and encompasses more persons than just those living with the perpetrator
- The definition includes all of the following persons that are currently residing with or HAVE RESIDED with the perpetrator
- A spouse of Respondent
- A person ‘Living as a Spouse’ of the Respondent (normally a live-in girlfriend or boyfriend)
- If someone cohabitates with the perpetrator they are considered a person ‘living as a spouse’ and qualify for protection
If someone has previously cohabitated with the respondent within the last 5 years, they are a person living as a spouse, even if they had already moved out at the time of the incident. This would include:
- A Former Spouse of Respondent
- The Respondent’s parent or children
- Any person related to the Respondent by blood or marriage
- A parent or child of the spouse of Respondent
- A parent or child of a person living as the spouse of the Respondent
- A parent or child of a former spouse of the Respondent
- Any other person related by blood or marriage to a spouse, a former spouse or a person living as a spouse of the Respondent
- The natural parent of any child of which the Respondent is the other natural parent, even if they never lived together or were ever really a couple at all; they may have had a one-night-stand and produced a child
Note that Ohio courts have included same-sex couples that cohabitate together within the definition of Family or Household Member, under the Person Living as a Spouse designation.
Ohio law mandates that Ohio courts have prepared packets available for victims to fill out and file ‘pro se’ (without an attorney); many courts have victims’ advocates that will walk you through the filing and hearing process
- Ohio law prohibits the charging of a filing fee, therefore, filing the motion for a CPO is free
- The motion for a CPO may be filed within a Complaint for Divorce, but there would be a filing fee for the Divorce action
The motion for a CPO needs to be filed in the proper Common Pleas Court; normally, the proper Court will be one of the following:
- The County in which the perpetrator resides
- The County in which the victim resides
- The County in which the victim temporarily resides, when escaping the home
A Victim of Domestic Violence can do either or both of the following:
- Have perpetrator arrested and charged with the Crime of Domestic Violence
Applicable statute is O.R.C. 2919.25
- First-time conviction is generally a misdemeanor; if the conviction is a misdemeanor, at most the perpetrator will be in local jail for 6 months
- There is the potential for a felony charge with subsequent convictions, however
Upon the filing of a criminal complaint alleging the crime of Domestic Violence, the Criminal Court can issue a Temporary Protection Order (TPO)
- Court must hold a hearing on the motion for a TPO within 24 hours of it being filed with the clerk’s office
- The TPO lasts only while the criminal case is pending and as soon as there is a disposition (convicted/acquitted), the TPO automatically terminates
Note that the Court can issue an Order at the disposition of the criminal case that requires the Defendant to stay away from the victim
- The TPO can be issued as a condition of pre-trial release of the defendant, irrespective and independent of any bail determined by the Court
- The motion for a TPO can be filed by the complainant (victim), by the arresting officer, or the Court can issue one on its own (‘sua sponte’), if the Court finds that it is necessary for the ‘safety and protection’ of the victim
OR THE VICTIM CAN
File for a Civil Protection Order O.R.C 3113
What is the ‘civil’ definition of domestic violence (for the purpose of obtaining a civil protection order)?
The civil definition of domestic violence differs from the criminal definition in that the former does not require the abuser to ‘knowingly’ cause or attempt to cause physical injury to the victim. Specifically, the definition of ‘domestic violence’ for the purpose of obtaining a civil protection order (CPO) is:
Attempting to cause bodily injury to a family or household member;
Recklessly causing bodily injury to a family or household member;
Placing a family or household member by the threat of force in fear of imminent serious physical harm or committing menacing by stalking or aggravated trespass against a family or household member; or
Committing child endangerment (child abuse) against a family or household member; or
Committing a sexually oriented offense (such as rape, gross sexual imposition, or importuning).
It is easier to prove domestic violence for the purpose of obtaining a civil protection order (CPO) than it is to prove criminal charges of domestic violence because of the lesser standard of proof (‘by the preponderance of the evidence’ in CPO cases vs. ‘beyond a reasonable doubt’ in criminal cases). Proof ‘by a preponderance of the evidence” means that it is more likely than not that acts of domestic violence occurred. It is also easier to prove the grounds for a CPO because it is not necessary to prove that the abuser intentionally caused bodily injury to his family or household member.
What is the difference between a restraining order and a civil or criminal protection order (CPO)?
Both a restraining order and a civil or criminal protection order (CPO) may order an abuser not to abuse or harass a victim of domestic violence. However, in Ohio, these orders are very different legal tools.
A domestic relations court may issue a restraining order in a divorce or legal separation case to protect one spouse from the other, abusive spouse. The restraining order remains in effect and is enforceable as long as the divorce or legal separation case is pending. It expires upon the termination of the divorce or legal separation case. Enforcement is limited.
If the abusive spouse violates the restraining order, the protected spouse may file a motion for contempt against the violator in the same court which granted the restraining order. Police and other law enforcement officers do not enforce restraining orders. As a result, the burden of enforcement is upon the protected spouse and his or her attorney.
By contrast, law enforcement officers anywhere in the State of Ohio must enforce civil or criminal protection orders, preferably by arresting the violator under the State’s preferred arrest policy set forth in R.C. 2935.03(B)(3) and 2935.032. Law enforcement officers must also respond promptly to any report of a violation of a protection order. In addition, a protection order – especially a civil protection order – may contain additional provisions such as evicting the abuser from the parties’ home, awarding temporary child custody or temporary support to the domestic violence victim, or ordering both parties to obtain counseling.
What is the criminal definition of domestic violence in Ohio?
The offender must:
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; or
- Knowingly cause a family or household member to believe that the abuser will cause imminent physical harm to the family or household member. See R.C. 2919.25.
What people are covered by Ohio’s domestic violence laws?
The domestic violence laws apply to persons who abuse a family or household member. “Family or household member” means any of the following who is residing or has resided with the offender:
A spouse, a person living as a spouse, or a former spouse of the abuser;
A parent or child of the abuser, or another person related by blood or marriage to the abuser:
A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by blood or marriage to a spouse, person living as a spouse, or former spouse of the abuser. A “person living as a spouse” is a person who is not married to the abuser, but is either cohabitating or has cohabited with the abuser during the past five years. “Cohabitation” means the sharing of family and household responsibilities, including household finances, and having an intimate or close relationship between the abuser and the victim.
In addition to the above categories of persons who are living or have lived together, persons who have a child in common are covered by the domestic violence laws regardless of whether they have ever lived together or cohabited. Therefore, the mother of a child could file domestic violence charges or request a domestic violence protection order against the father of the child regardless of whether they are married, have been married, or have ever cohabited. See R.C. 2919.25(E) and 3113.3(A)(3).
What does ‘cohabitation’ mean?
“Cohabitation” means that two adults are living together in the same household, sharing certain obligations which are equivalent to a spousal-type relationship. The Ohio Supreme Court has concluded that a person is “cohabiting” for purposes of a family or household or family relationship under the domestic violence statutes if there is:
a sharing of familial or financial responsibilities; and
consortium.
State v. Williams (1997), 79 Ohio St.3d 459.
“Familial or financial responsibilities” include providing shelter, food, clothing and utilities and commingling (mixing together and sharing) assets. Id.
“Consortium” includes mutual respect, fidelity, affection, society, cooperation, solace, comfort, aid of each other, friendship, and conjugal (sexual) relations. Id.
Some critics of the Supreme Court’s Williams decision have said that even mere roommates could be covered by the domestic violence laws in light of this broad definition of “cohabitation.” However, as a practical matter, it is unlikely that the Ohio courts will apply this definition to cover mere roommates; there must be a close personal or intimate relationship (usually involving sexual relations) for persons to be “cohabiting” within the meaning of Ohio’s domestic violence laws.
Can ‘same-sex’ couples qualify as ‘family or household members’ under Ohio’s domestic violence laws?
Yes. The protections afforded to male/female relationships are equally available to same-sex relationship. If the same-sex couple consists of two adults living together in the same household, sharing curtain obligations which are equivalent to a spousal type of relationship, they meet the legal definition of “cohabiting.” Therefore, the victim of violence in a same-sex relationship can file domestic violence charges or seek a domestic violence protection order against the abuser. See State v. Hadinger, 61 Ohio App. 820 (Franklin 1991); State v. Yaden, 118 Ohio App.3d 410 (Hamilton 1997).
Does a couple have to live together for a minimum period of time before they have a ‘family or household member’ relationship subject to Ohio’s domestic violence laws?
No, there is no minimum period of time. The protections of the domestic violence laws are equally applicable to couples who have lived together for years and to couples who have been living together for only a few weeks. However, in cases where the abuser and the victim are not married to each other, it may be easier to convince the court that the parties are “cohabiting” if they have lived together for a reasonable period of time.
What form do I need to complete to get a civil protection order?
If you or a family member are being physically abused or threatened with harm by a family or household member (person living in your home, even if not related to you by marriage or blood) you can apply for a domestic violence civil protection order now.
