Cleveland Domestic Violence Attorneys

Cleveland Domestic Violence Lawyers Aggressively Defending Clients’ Rights

Being charged with domestic violence assault often comes as a surprise and immediately affects your life in drastic ways. For example, in an emergency protective order, you may be removed from your home, barred from seeing your children, and face other serious repercussions. Other complications that can arise from being charged with domestic violence include public and personal scrutiny from family and friends.

Sadly, domestic violence charges are often based on false allegations from an angry ex-spouse or partner who is trying to get revenge or gain leverage in a divorce or child custody dispute.

Regardless of who your accuser may be, if you have been charged with domestic violence, you may feel frightened and worried about what to do next. Your best hope of winning your case and getting your life back is hiring an experienced criminal defense attorney who understands Ohio laws and can craft a solid defense strategy for your domestic violence case.

Do not risk the severe penalties that come with a domestic violence conviction. Please contact our Cleveland, OH, law offices immediately for advice on interacting with law enforcement during the investigation and building the best case in your defense. At Watson Kuhlman, LLC, we understand how it feels to face false charges and be worried about what the future holds. Our criminal defense lawyers are passionately committed to defending you with all of our dedication and skill to get you the best chance of having your charges lowered or even dismissed.

Contact our law offices today to schedule a free consultation. We will evaluate your case professionally and determine what legal options best suit your needs.

What Constitutes Domestic Violence in Ohio?

Determining whether domestic violence has occurred in Ohio is two-fold. First, it must be shown that the victim experienced or threatened harm. Secondly, the accused must have a close relationship with the alleged victim, such as living in the same household.

Harm or Threat of Harm

If the victim has experienced violence or been threatened with violence by the abuser, this may constitute domestic violence under Ohio law. Some examples of types of harm that would qualify as abuse in Ohio are:

Choking
Hitting
Slapping
Stalking
Harassment
Kicking
Dating violence
Aggravated assault
Assault with a deadly weapon
Threatening any other kind of physical harm
Acts constituting child abuse

Close Relationship

Another critical aspect of a domestic violence case is establishing that there is a close relationship between the two individuals involved. A close relationship is defined widely in Ohio and may include family or household members, including:

Parent
Child
Spouse
Boyfriend
Girlfriend
Foster child
Extended family member
Partner
A family member of a spouse, former spouse, or partner

Please contact our legal team today if you need further clarification regarding what constitutes a household member and how that may affect your domestic violence charges. A domestic violence lawyer will happily meet with you and listen compassionately to your story as we answer your questions and concerns.

What Should I Do if I am Accused of Domestic Violence or Abuse?

If you have been accused of domestic violence in Ohio, you may feel overwhelmed and at a loss as to what you should do next. Facing criminal charges can be terrifying, and you are not alone in worrying about what to do.

Your best defense is to hire a knowledgeable domestic violence defense lawyer who will investigate the details of the situation and provide you with skilled legal representation in court.

Since domestic violence is a criminal case, you will have to interact with law enforcement officials numerous times as they investigate the alleged abuse. How you handle yourself when speaking with police officers can significantly affect how a judge and jury view your case. Due to the tense nature of domestic violence charges, emotions often run high, and individuals often make critical errors that end up damaging their case.

Many individuals accused of domestic violence think that if they can just explain their side of the story, the police will let them go, and the situation will resolve itself. However, Ohio domestic violence laws can be complex, and often, defendants end up making statements that incriminate them.

One of the best choices you can make when facing domestic violence allegations is to hire a criminal defense lawyer. A well-trained attorney will assist you with knowing how and when to answer questions and when to exercise your right to remain silent, so you do not accidentally incriminate yourself.

If you have been arrested for domestic violence, do not make any statement to the police without your lawyer present. Because your life and future are on the line, please know that you have a strong ally at Watson Kuhlman, LLC, where our legal team is passionately committed to ensuring that you receive sound legal advice during every step of the legal process. Contact us immediately to speak with an attorney who will help protect your legal rights.

What Does a Domestic Violence Attorney Do?

If you have suddenly found yourself involved in a domestic violence situation, you may be unsure of what to expect next in the legal process. A domestic violence lawyer is an indispensable ally when facing criminal charges and attending family court to resolve your legal issues. A lawyer will listen to your story and investigate the details of the situation to determine what happened and the best defense strategy for your needs. Your attorney will stand by your side and present evidence that demonstrates you do not deserve the severe penalties that come with a domestic abuse conviction.

Your attorney will also be a great source of knowledge and advice as you navigate the legal investigation regarding the alleged abuse. They can counsel you on answering police officers’ questions to avoid incriminating yourself. Your attorney will also help you exercise your right to remain silent when necessary. One of the most considerable benefits of hiring a criminal defense lawyer is ensuring your legal rights are protected during every phase of the investigation and court proceedings.

If your constitutional rights are violated during the investigation, your attorney can take measures to ensure these violations do not go unanswered. In many instances, defendants who have had their rights violated often see their charges reduced and their cases dismissed.

However, anyone who has been charged with domestic violence offenses should remember that every case is different, and outcomes will differ based on the circumstances involved in the case. If you are facing abuse charges, you must hire a Cleveland domestic violence lawyer immediately who will fight to protect your legal rights, freedom, and future.

What Are Some Effective Defenses Against Domestic Violence Charges?

When you are arrested because someone alleges domestic violence, you may feel hopeless about fighting the allegations. However, there are several defenses that skilled lawyers can utilize to protect an innocent client against the severe penalties that come with an Ohio domestic violence conviction.

Some effective defense strategies that can be used to successfully fight Ohio domestic violence charges include:

Self-defense – This defense applies if you were not the initial aggressor but acted to defend yourself or your children
False Accusation – If it can be proven the accuser made false accusations against you for an act of domestic violence that you did not commit, an attorney can file a motion that the charges be dismissed
Lack of proof – The state has the burden of proof in proving that defendants are guilty of the crimes they are accused of committing. A defense attorney can identify weaknesses or lack of evidence in the prosecutor’s argument, weakening that state’s case against you
Lack of intent – Ohio law requires that the defendant accused of domestic violence must have known that their actions would lead to harm or the victim feeling they were in imminent physical harm

All domestic violence cases are not the same; therefore, effective defense strategies must be built based on the unique circumstances associated with your case. When you come to Watson Kuhlman, LLC for legal help, we thoroughly analyze the evidence the state has against you to build a custom defense strategy that will provide the best outcome for your case.

What Penalties Come with a Domestic Violence Conviction?

Individuals found guilty of domestic violence in Ohio face steep fines or possible jail time. Additionally, individuals convicted of domestic violence charges will likely lose custody of their children and carry a criminal record that can make getting a job or having a social life difficult.

The severity of the sentencing depends on the nature of the crime, including whether the violence was committed against a pregnant victim and prior criminal history.

Some of the penalties for a domestic violence conviction in Cleveland include the following:

Up to 60 days in jail and up to $500 in fines for a 3rd-degree misdemeanor
Up to 90 days in jail and up to $750 in fines for a 2nd-degree misdemeanor
Up to six months in jail and up to $1,000 in fines for a 1st-degree misdemeanor
6-12 months in prison and up to $2,500 in fines for a 5th-degree felony
6-18 months in prison and up to $5,000 in fines for a 4th-degree felony
Nine months – three years in prison and up to $10,000 in fines for a 3rd-degree felony

No one likes the idea of facing jail time or paying hefty fines. However, the first step in protecting your freedom is hiring an experienced domestic violence lawyer who will act as your legal advocate to try and have the charges dismissed or reduced.

Our criminal defense law firm is fully prepared to assist you with your domestic violence charge as your case makes its way through the Ohio legal system.

What are Other Legal Implications of a Domestic Violence Conviction?

Other than criminal penalties such as jail time or fines, other legal implications can accompany a domestic violence conviction. Some other consequences of a conviction include:

Challenges in finding gainful employment: Many employers are hesitant to hire applicants with domestic violence convictions. Professions that involve working with the elderly, disabled, or children may have specific regulations that prevent them from hiring individuals with violent convictions
Brady disqualifier: The Brady disqualifier is a federal law that, in essence, states that individuals who have been convicted of using physical force or have threatened the use of a deadly weapon are prohibited from owning or possessing a firearm
Restrictions of professional licenses: Domestic violence convictions can prevent individuals in specific professions, such as those in healthcare or law enforcement, from obtaining a professional license
Ineligibility to enlist in the military: A domestic violence conviction will render most individuals ineligible to enlist in the military
Create legal issues related to child custody or visitation: Family courts take a dim view of domestic violence or child abuse, and any conviction can create visitation issues that can affect an individual’s ability to have custody or spend time with their children

Any criminal conviction can negatively impact your ability to achieve life goals and plans for the future. To ensure that you can have a successful career and spend quality time with your family, hiring a criminal defense lawyer to help you fight the charges is in your best interest. Our defense attorneys have extensive experience with domestic violence law and know what it takes to obtain favorable client results.

Can an Ohio Domestic Violence Conviction Be Expunged?

A common question asked by many individuals facing domestic violence allegations is whether a conviction can be expunged. Ohio law does allow domestic violence convictions to be expunged, but only under specific circumstances.

For individuals to have a domestic violence conviction expunged, the crime must have been charged as a second-degree misdemeanor or lesser offense. Individuals who have been convicted of second-degree misdemeanor domestic violence are also required to wait at least one year before seeking to have their criminal record expunged.

However, several domestic violence offenses are not eligible to be expunged, including:

First-degree misdemeanors, including menacing by stalking, endangering children, or violation of a protection order
Felony domestic violence convictions, including recklessly causing harm to a pregnant victim or to a household or family member

If you have been charged with domestic violence, a conviction can lead to long-lasting consequences that can be challenging, if not impossible, to overcome. However, with skilled legal representation, you may be able to have your charges dismissed or reduced through plea bargaining.

For these reasons, you should never try to handle your case alone. Instead, contact our law office today and ask to schedule a meeting with a domestic violence attorney who will evaluate your case and determine the best legal options.

Why Should You Hire Our Domestic Violence Attorneys?

If you have been accused of domestic violence, please do not feel you must go through this troubling time alone. We understand how frightening this experience can be and how overwhelmed you may feel as you are uncertain of what the future may bring.

At Watson Kuhlman, LLC, we have helped countless clients construct powerful defenses that allow their sentences to be lowered or even dropped. Our domestic violence lawyers comprehensively understand Ohio law, giving us detailed insight into how the system works. We promise to leverage our knowledge and skills in Ohio courts to help you obtain the positive results you need for your domestic violence case.

Do not risk the severe penalties that come with a domestic violence conviction by failing to seek legal representation. Instead, reach out to our law offices immediately to take action and defend yourself against life-changing domestic violence allegations. You can potentially save yourself thousands of dollars, months in jail, and even years in prison. You may also preserve the cherished relationship you share with your children by winning your case and overcoming the wrongful criminal charges brought against you.

Watson Kuhlman, LLC, is proud to serve the citizens of Northeast Ohio and Cuyahoga County and would be honored to assess your legal needs. Call our law office at 216-208-7858 to schedule a free consultation to discuss your case’s unique challenges with our helpful and caring legal team.