How to Get a Domestic Violence Charge Reduced or Dismissed in Summit County

If you are wondering how to get a domestic violence charge reduced or dismissed in Summit County, a Summit County domestic violence attorney can help you in your case. You’re likely facing a situation that’s urgent, stressful, and highly personal. Domestic violence cases in Ohio are typically fast-moving and serious, but not every case is guaranteed a conviction or maximum penalty.

Most cases in Summit County are filed in the Summit County Domestic Relations Court located at 205 S. High Street, Akron, OH 44308, as well as in city courts across the county. A fundamental understanding of the case determination process is helpful here. This information can help you grasp how your case might be lessened or even dropped.

About Ohio Domestic Violence Laws

Domestic violence falls under Ohio Revised Code § 2919.25, which prohibits knowingly causing, attempting to cause, or threatening to cause physical harm to another family or household member. The law’s reach extends to spouses, ex-spouses, co-parents, and anyone living with the alleged offender.

Ohio also includes a statute pertaining to civil protection orders in Ohio Revised Code § 3113.31. Courts have discretion to issue these orders early in a case, even temporarily, until a full hearing can be held. Courts can issue orders that limit contact, housing, custody, and visitation rights. Due to early intervention by the courts, defendants can face restrictions on their contacts long before criminal charges are resolved.

Common Reasons for Reduction or Dismissal

Many people wonder how domestic violence charges can be reduced or dismissed. While domestic violence is taken seriously by prosecutors and the court, there are several reasons why charges may not meet the standard of proof required for a conviction. Reasons why charges could be reduced or dropped include:

• Lack of evidence
• Inconsistent/conflicting witness testimony
• No injuries or other proof
• Constitutional violations
• Witness credibility

Note that even if the alleged victim does not want to press charges in Ohio, the prosecutor can still file charges. Understanding how prosecutors build a case is vital to understanding how charges could be reduced or dismissed. In Ohio, there were 48,081 reported offenders of domestic violence. Of these, 10,687 offenders were live-in partners, accounting for 22.23% of offenders. 

When to Hire a Domestic Violence Lawyer

You may wonder at what point you should hire a domestic violence lawyer. While you have certain rights at every stage of the criminal process, certain hearings can be important. Protection orders and initial hearings come early in the case and can set the tone for what comes later.

The process includes arraignments, first appearances, and pretrial hearings, from beginning to end. It’s crucial to avoid missing a crucial deadline or making a simple error that could hurt your position.

Defense Strategies That Can Lead to Dismissal or Reduction

The specific facts of each case determine the most beneficial defense strategy. However, there are common strategies that attorneys use to get charges reduced or dismissed. Defense strategies could include arguments that:

• The prosecutor does not have enough evidence to support each element of the charge.
• Statements were taken in violation of the defendant’s rights.
• Domestic violence does not apply due to self-defense or lack of intent.
• The police violated important procedures during the investigation.

Depending on the circumstances, it may be possible to negotiate with the prosecutor to reduce a charge to a lesser offense and lessen your domestic violence penalties. If the elements of domestic violence do not apply to the facts, it may be possible to get the charges dismissed altogether.

About DiCaudo, Pitchford & Yoder

DiCaudo, Pitchford & Yoder works with clients throughout Akron and Summit County to provide aggressive legal defense strategies. Since opening our doors in 2003, we’ve stayed true to our core values of innovation, integrity, and putting clients first. We take the time to learn about your legal concerns and apply cutting-edge strategies. With over a century of combined experience, our dedicated Akron criminal defense team keeps you informed throughout the process.

FAQs

Can a Domestic Violence Charge Affect My Ability to Travel?

Yes, if you have been charged or convicted of domestic violence, your ability to travel can be affected. Certain countries deny entry to people with particular convictions. You may also encounter difficulties if you have pending charges or protection orders against you, even if you have not been convicted of domestic violence. Such legal matters may restrict where you can go or how long you can be absent if you need to appear in court.

Can Domestic Violence Charges Affect Child Custody Decisions?

Yes. Allegations of domestic violence are taken very seriously by courts when determining issues of custody and visitation. A judge may order supervised visitation or limit parental rights if they feel it is in the best interest and safety of the child. Past history of convictions or orders of protection/pending charges can affect custody, even if you were not found guilty.

Are Domestic Violence Cases Handled Differently If Alcohol Is Involved?

Drug and alcohol use do not excuse alleged behavior. However, it may be a factor in how a case may be viewed by the Court. The court may inquire about the use of drugs and/or alcohol as contributing to the incident. The Court may also require attendance in drug and/or alcohol counseling as part of a case. If found guilty, alcohol’s role could factor into plea deals or the judge’s final decision.

Can I Be Charged With Domestic Violence if No One Was Physically Hurt?

No injury is needed to be convicted of domestic violence in Ohio. Threatening someone or acting in a way that would cause another person to reasonably believe they will be harmed soon is sufficient to meet the element of harm. Because domestic violence is a conduct and intent-based offense, cases can be prosecuted without medical records or physical evidence of injury.

Contact DiCaudo, Pitchford & Yoder Today

If you have been charged with domestic violence, legal options may be available to you. DiCaudo, Pitchford & Yoder can look at the facts of your case to build an appropriate defense. Contact us today for more information.