Domestic Violence Lawyers in St. Clairsville

Sean Logue, a St.Clairsville criminal lawyer is here to defend individuals accused of domestic violence.

Facing domestic violence charges can be extremely stressful and often leads to anger towards family members or friends. Sean recognizes the pressure you’re under and will work diligently to ease your anger and anxiety by representing you in court.

Crimes Of Domestic Violence

When law enforcement responds to domestic violence calls, arrests are frequently made. Irrespective of evidence or the alleged victim’s wishes to not press charges, the accused individual will be arrested, initiating court hearings and other stressors.

In recent times, those charged with domestic violence face more severe consequences than in the past. While this is primarily meant to protect victims, it can result in long-lasting, life-changing outcomes for the accused.

The term “domestic violence” encompasses various actions and behaviors among individuals living together or forming a family unit. These actions include sexual assaults, verbal attacks, and physical assaults. Sometimes, individuals are arrested for isolated incidents, while in other cases, there may be a history of such behavior.

Defining Domestic Violence

In Ohio, three actions can lead to an arrest and charges of domestic violence:

1. Recklessly causing physical harm to a family or household member.
2. Knowingly attempting to cause harm or actually causing harm to a family or household member.
3. Threatening a family or household member with physical harm, using the threat of force.

It is crucial to note that domestic violence charges can be made even if there was no physical contact with the alleged victim.

Domestic Violence Types

There are several types of domestic violence charges that commonly arise. These include child abuse or neglect, domestic assault or battery, rape, sexual battery, menacing by stalking, and violating a protection order.

Domestic Violence Defenses

If you have been charged with domestic violence, it’s important to know that simply presenting your side of the story may not be enough to have the charges dropped. It is common for the version of events provided by the alleged perpetrator to differ from that of the alleged victim.

A skilled and knowledgeable St. Clairsville OVI lawyers will have a range of possible defenses at their disposal, which may help convince the court to reduce or dismiss the charges against you. Below are some commonly used defenses in domestic violence cases, although there are others that have not been included.

• False allegations: It is not uncommon for soon-to-be ex-spouses or partners to falsely accuse the alleged offender as a way to seek revenge or achieve their desired outcomes in civil matters such as divorce, child support, or child custody.

• Self-defense: Individuals have the right to defend themselves, even in domestic violence situations. Courts are more likely to dismiss cases where domestic violence arose as a result of actions taken by the alleged victim.

• Lack of evidence: If there is no proof that domestic violence occurred, such as lack of injuries or other supporting evidence, the prosecutor may not be able to secure a conviction against the alleged offender.

• Accidental injury: Sometimes, an alleged victim may be injured due to their own negligence or separate causes unrelated to the alleged offender. In such cases, the alleged offender may have a valid defense.

• Defense of others: In situations where the alleged offender caused harm to another family member, but did so in an effort to protect someone else from harm, this defense may be applicable.

Penalties for Domestic Violence

When it comes to sentencing a person for domestic violence, several factors are taken into consideration by judges. These factors encompass the severity of injuries, the characteristics of the victim, the offender’s criminal record, and the underlying charge.

Domestic violence convictions can range from minor misdemeanors to first-degree felonies. They carry fines, ranging from $150 to as high as $20,000. With the exception of minor misdemeanors, jail time is mandatory and can range from 30 days to as long as 11 years.

If you find yourself accused of domestic violence, Sean Logue is the criminal defense lawyer you need on your side. Call (330) 992-3036 for immediate assistance.