The allegations of family violence alone can be enough to cause significant challenges in your life, but they are nothing compared to a criminal conviction. The good news is that you have the right to fight these charges, and our skilled defense attorneys are here to help.
The state has to prove your guilt beyond a reasonable doubt, and that is a burden it is not always capable of meeting. Working with a Cincinnati domestic violence lawyer can put you in a position to avoid a conviction and protect your reputation. A conviction for domestic violence is not legally able to be expunged ever.
What Counts as Domestic Violence?
Ohio defines domestic violence as causing or attempting to cause physical harm to a family or household member. You could also be charged for putting a family member in fear of immediate harm, even if no physical contact actually occurs. The law applies not only to spouses and former spouses, but also:
- People who share a child
- Siblings
- Romantic partners
- Parents
- Children
- Former partners
Domestic violence charges are not limited to physical injuries, as you could be charged for threats or intimidation if they create a reasonable fear of harm. In some cases, prior convictions can increase the severity of the charge from a misdemeanor to a felony.
Because these cases often arise from heated, personal situations, the facts are rarely simple. A Cincinnati domestic violence attorney could investigate exactly what happened before building a trial strategy based on the facts.
Defense Strategies in Family Violence Cases
The facts of a domestic violence case can be messy, but there are ways to challenge the state’s evidence. Some of the strategies our Cincinnati domestic assault lawyers rely on include the following:
Self-Defense
You have the right to protect yourself if you reasonably believe you are in immediate danger. If the evidence shows you acted to prevent harm, this can be a complete defense.
False Allegations
Domestic disputes sometimes lead to accusations that are exaggerated or untrue. These false claims can result from hard feelings over custody disputes, jealousy, or manipulation within a relationship. Our attorneys examine inconsistencies in an effort to challenge the credibility of the claims against you.
Lack of Evidence
The prosecution must prove each element of the charge beyond a reasonable doubt. If there are no clear injuries or reliable witnesses against you, the case may not meet that standard.
Accidental Conduct
Domestic violence charges are only appropriate if you have intentionally harmed someone or put them in fear of being injured. An accidental injury doesn’t rise to that level.
Violation of Rights
If law enforcement violated your rights during the investigation or arrest, certain evidence may be excluded. This can weaken the prosecution’s case and improve your position.
Evidence in a Domestic Violence Case
Winning at trial takes evidence, but it is not always easy to build a case in these situations. Your Cincinnati domestic abuse attorney might base your defense on the following:
- Photographs of injuries
- Statements from the alleged victim or witnesses
- Police reports
- Body camera footage
- Medical records
- Text messages, emails, or recorded calls
Our team looks at all the evidence before determining what works in your favor and what does not. The support of experienced legal counsel could be enough to help you get the best possible outcome in your case.
Speak With a Domestic Violence Attorney in Cincinnati Today
If you have been accused of domestic abuse, it is important that you speak with experienced legal counsel as soon as possible. A successful defense might be possible, but any delays will only work against you. Reach out to a Cincinnati domestic violence lawyer at Ernst & Associates today.