A domestic violence arrest in Columbus puts most people in front of a judge within one business day, usually before they have had any chance to explain what happened. McNamee Defense represents the person on the receiving end of that charge, and our domestic violence lawyer in Columbus, OH can appear at that first hearing to address bond, contact restrictions, and the domestic violence charge itself.
What Counts as Domestic Violence Under Ohio Law?
Ohio ties the offense to the relationship between two people rather than to the severity of any injury. A spouse, a former spouse, a parent, a child, a roommate, or someone you once lived with all sit inside the definition, which is how an argument that never turned physical still ends in handcuffs.
Prosecutors often file several related counts out of a single call:
- Physical harm to a family or household member
- A threat that made someone believe harm was immediate
- Violation of a protection order or consent agreement
- Menacing by stalking based on repeated contact after a breakup
Officers at the scene tend to build the report around whoever spoke first and seemed calmest. Our Columbus domestic violence lawyer reads that report against the 911 audio, body camera footage, and medical records to find what the paperwork left out.
What are the Penalties for a Domestic Violence Conviction in Franklin County?
Under Ohio Revised Code 2919.25, a first offense involving physical harm is a first-degree misdemeanor punishable by up to 180 days in jail. Threats alone generally carry a fourth-degree misdemeanor charge, while a qualifying prior conviction can raise the charge to a felony.
A prior conviction pushes identical conduct into felony territory. A first-degree misdemeanor or felony domestic violence conviction in Ohio can never be sealed or expunged; only a lesser-degree misdemeanor conviction may qualify for sealing after a waiting period.
How Does a Civil Protection Order Differ From a Temporary Protection Order?
A Civil Protection Order, or CPO, is a separate lawsuit the other party files in the Domestic Relations Division of the Franklin County Court of Common Pleas, and it can run for up to five years. A Criminal Temporary Protection Order, or TPO, comes out of the criminal case and lasts only while that case stays open.
Both tracks move at once, in front of different judges, on separate records. Our lawyers coordinate them, because sworn testimony given at a civil hearing can be quoted back to you in the criminal courtroom.
Answering the Domestic Violence and Stalking Unit
The Columbus City Attorney’s Office prosecutes misdemeanor domestic violence through a Domestic Violence and Stalking Unit staffed with its own investigators and courtroom advocates. That unit will not drop a case simply because the caller asks it to, since the charging decision belongs to the prosecutor.
Accounts come apart for reasons unrelated to who sounded more convincing that night:
- Injuries that predate the argument or came from a fall
- Messages showing a custody or property motive behind the call
- A caller who admits striking first once the full recording plays
- Evidence that contradicts the reported direction of the blow
A report may contain exaggerations made under pressure without being entirely false. Our attorney examines the records to separate what happened from what has been overstated.
Sit Down With Someone Who Will Not Grade You
Describing the worst night of a relationship is hard enough without feeling judged for it. McNamee Defense offers compassionate, judgment-free, and efficient representation, and the conversation stays between us whether you hire our firm or not. Call (614) 782-8889 or reach out online to schedule a free consultation with our domestic violence lawyer in Columbus, OH today.