Facing Domestic Violence charges during quarantine.

Facing Domestic Violence charges during quarantine.

There is one thing for sure during a quarantine, domestic violence cases are on the rise. We’ve seen this happen already in countless towns and cities across the country. Columbus is no exception. Advice from healthcare professionals is unanimous; if there are domestic violence concerns in a house, get out! But what if you’re the one accused of domestic violence?

Depending on the seriousness of the occurrence, Domestic Violence can be charged as a Misdemeanor or a Felony. Both are separated into degrees, with First Degree being the most serious. For an offense that has allegedly caused actual physical harm to the victim, a defendant could be charged with anything from a 1st degree misdemeanor to a 3rd degree felony. For threats of physical harm against another person, an offender can be charged with anything from a fourth degree misdemeanor to a first degree misdemeanor.

What if the alleged victim wants to withdraw domestic violence charges?

In domestic violence cases, once the case enters the Court system, the State is reluctant to withdraw charges even if the victim recants or decides they no longer wish to see charges pursued. However, a prosecutor will give a great deal of weight to a victim’s request that the State withdraw criminal charges. But what if the State doesn’t withdraw the charges.

Here at Terry Sherman Law, we have a strong history of success in negotiating reduced charges and even dismissals for clients when the victim recants.

What if this is my first domestic violence charge?

Defendants who have never been in trouble with Domestic Violence charges before will often be charged with a Misdemeanor, usually of the first degree. However, depending on the circumstances, sometimes a defendant is charged with a lesser offense, even a fourth degree misdemeanor. If the harm to the alleged victim is very serious, a defendant could be charged with a felony even on the first offense. Certainly, during the course of the criminal proceedings, we will attempt to convince the Court to reduce the charges to a less serious offense to even to dismiss the charges altogether.

What if I have been convicted of domestic violence before?

Defendants with a prior conviction(s) face a very serious charge. After a first domestic violence conviction, defendants will be charged with a mandatory felony for any subsequent violations.

How can I fight domestic violence charges?

Due to the seriousness of the charges and the possibility of a conviction, it’s highly recommended that you hire an attorney immediately and to do so prior to the first hearing if possible. It is also advisable, with a Domestic Violence charge or any other criminal charge that you not talk to any police or detectives before hiring an attorney.

Attorney Terry Sherman will help protect your rights and develop defense strategies to increase your chances of having your charges dismissed or significantly reduced. Ohio domestic violence law is complex. We can help you understand the strength of your case, and the likelihood of a favorable outcome.

During your first visit or phone call, we can do an initial assessment of your case, and give you a good idea of your personalized defense strategy including how much our services will cost.

Don’t wait. Contact us today.

I am the victim of domestic abuse. What can I do?

If you are the victim of domestic violence, stay with friends or family during this uncertain time. If you are in need of assistance with filing an injunction from your abuser, contact our office, and we will help.

If you have been charged with domestic violence yourself, call our office and we will get started building your defense. Stay safe, and hopefully, we can all make it through this pandemic.

Ohio Domestic Abuse Hotline: 800-934-9840

What to Do When You’ve Been Falsely Accused of Domestic Violence

What to Do When You’ve Been Falsely Accused of Domestic Violence

Domestic violence is viewed by society and the courts as a serious charge against a criminal defendant. Regardless of whether you’re guilty or innocent, mere allegations of domestic violence against you can adversely affect your life and your future.

While millions of people are abused by their spouse or partner every year, (approximately 1 in 4 women and 1 in 7 men) unfortunately, some people are quick to fabricate stories in order to “get back at” the alleged offender. These allegations are not only hurtful but undermine those that are true victims of domestic violence. If you’ve been accused or charged with a domestic violence offense, it’s extremely important that you contact an experienced domestic violence defense lawyer right away to protect yourself. It is not an admission of guilt.

What is Domestic Violence?

Many people believe that domestic violence is limited to a physical action against a spouse, family member or significant other.

Under Ohio law, victims of domestic violence are protected by both civil and criminal laws. Domestic violence can be physical, emotional, sexual, or financial. Domestic violence charges may also extend to:

  • Stalking
  • Mental/psychological abuse
  • Destruction of personal property
  • Cyberbullying
  • Throwing things toward the victim (even if they don’t actually hit the victim)
  • Sexual abuse

Whether domestic violence charges are charged as misdemeanors or felonies depends on the allegations, the age of the individuals, and whether there were weapons involved, and the associated punishments will range accordingly.

Understanding Domestic Violence Charges

Though unfair, people may accuse individuals of domestic violence for a number of reasons. Disputes can arise during a divorce, custody hearings regarding children, or just due to day-to-day stress of living under the same roof. If the alleged victim is seeking marital assets in a divorce or seeking custody of children, they might believe that domestic violence allegations will help their cause.

Many domestic violence victims, unfortunately, later recant their testimony or state that they no longer want to press charges. However, by this time, it’s usually too late. The decision to go forward with domestic violence charges is completely up to the prosecutor on the case.

Experienced Domestic Violence Defense

Being wrongfully accused of something as serious as domestic violence can be scary and has the potential to dramatically impact your life.

Attorney Terry Sherman is an experienced criminal defense attorney that has helped many clients dismiss or lessen domestic violence charges against them. He knows how to navigate your criminal allegations from start to finish and will help you arrive at the best possible result.