Does a Victim Have to Testify in a Domestic Violence Case in Ohio?

For many Ohio residents, the idea of testifying against a spouse or romantic partner in a domestic violence case is terrifying. In some cases, the victim may not want their partner to face criminal prosecution. In others, the thought of having to face their former partner and recount what happened is painful and potentially traumatic. Finally, the person testifying may have also committed domestic violence and want to avoid self-incrimination, as many of these cases involve violent behavior by both parties.

So, do victims in Ohio domestic violence cases have to testify? In short, not usually. The longer answer is more complicated, though, and it’s crucial to understand the role alleged victims of domestic violence play in these cases. The Akron domestic violence defense attorneys at DiCaudo, Pitchford & Yoder have extensive experience with these cases and understand the sensitive issues involved. This blog explains everything you need to know about when alleged domestic violence victims must testify.

Ohio Domestic Violence Laws

Let’s start with the basics: How does Ohio define domestic violence? The Ohio Revised Code says no one shall knowingly harm or attempt to harm a household or family member or injure them through their reckless behavior. According to the law, household and family members include:

• Current or former spouses, including someone living in a common-law marriage with their partner
• Anyone living with or who has lived with the alleged offender
• Parents, stepparents, stepchildren, foster parents, foster children, and anyone else related by blood or marriage

Domestic violence is a misdemeanor offense at the baseline level, though alleged perpetrators may face felony charges if they have a prior domestic violence conviction or there are certain aggravating factors.

The Alleged Victim’s Role in Ohio Domestic Violence Cases

Victim testimony figures prominently in many Ohio domestic violence cases. That’s because third parties cannot testify about any alleged domestic violence that they did not personally witness. Without testimony from the alleged victim, prosecutors have to rely on physical evidence, testimony from the police officer who made the arrest, and other evidence that may not be as reliable.

If the police make a domestic violence arrest and prosecutors take the case to trial, the prosecution may issue a subpoena ordering the victim to testify. A subpoena has the authority of a court order, and someone who ignores a subpoena could face a contempt of court charge. So, strictly speaking, anyone ordered to testify must appear in court.

In practice, though, prosecutors rarely rely solely on a victim’s testimony in these cases. They know that many domestic violence victims do not want to testify and are unlikely to charge someone with domestic violence based solely on the alleged victim’s testimony. Even if they issue a subpoena and the alleged victim does not appear, they are unlikely to charge them with contempt after everything they’ve already been through.

Contact an Akron, OH, Domestic Violence Defense Attorney Today

The Ohio criminal defense lawyers at DiCaudo, Pitchford & Yoder understand the stakes in domestic violence cases and can help you work toward a favorable resolution to your situation. If you’re involved in a domestic violence case and worry about testifying, let us help. Call us today or complete our online contact form for a free consultation.