How to Get Domestic Violence Charges Dismissed
How to Get Domestic Violence Charges Dismissed
Domestic violence charges can result from many types of situations. Because of the seriousness of domestic violence charges, you could face severe penalties if convicted. However, a lawyer may be able to help you dismiss domestic violence charges. In some cases, the state can remove domestic violence charges from your criminal record.If you face domestic violence charges in Ohio, you should speak with a Columbus domestic violence attorney today to get started on your defense.What Happens When You Get a Domestic Violence Charge?When you get a domestic violence charge, you face a number of consequences in addition to a potential jail sentence. A domestic violence charge immediately damages your reputation in your community. The police arrest you and can put you in jail until your court hearing. The State of Ohio can revoke your right to own a firearm, and police can seize your guns for the duration of the case. Additionally, you will likely be subject to a Civil Protection Order (CPO) or Temporary Protective Order (TPO).Civil Protection OrderTo get a CPO, the accuser must show that it is more likely than not that you committed domestic violence. The evidence the accuser presents in CPO hearings often includes statements and any existing physical evidence, such as a bruise or cut.A CPO can prevent you from contacting the alleged victim, order you to stay away from your home, and even temporarily award child custody rights to the accuser. A judge can issue a CPO on an emergency basis if he or she finds that a present and immediate danger to the victim exists.Temporary Protective OrderA judge orders a TPO in connection with a criminal domestic violence case. A TPO can order the alleged offender to stay away from the victim’s home or place of business, not to commit any further harm to the alleged victim, and to refrain from other acts that could harm the victim.However, a TPO cannot contain provisions for child support, child custody, or spousal support.Can a Domestic Violence Case Be Dismissed?Depending on the facts of your case, the prosecutor may move to dismiss a domestic violence case. After filing charges, the prosecutor speaks with the alleged victim to evaluate the strength of their case. The prosecutor is looking for whether the victim tells a story that is similar to the story he or she told to the police. The prosecutor is also looking for some physical evidence, such as a bruise, cut, or blood to make the victim’s story more credible.If the victim tells a story that is consistent with what he or she told police and there is physical evidence to support their claims, the prosecutor is less likely to move to dismiss your case. However, if the victim’s story is not consistent with what he or she told police and there is no physical evidence to support their claims, then the prosecutor is more likely to move to dismiss your case.Your attorney may also move for a dismissal if the evidence is insufficient to support the charged crime.When Do Domestic Violence Cases Go to Trial?While judges dismiss many domestic violence cases, some cases go to trial. If the victim is credible and there is corroborating physical evidence, the prosecutor will almost certainly pursue the case.
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The attorneys at Joslyn Criminal Defense Law Firm are excited to be accepted as one of Columbus Ohio's most accomplished criminal defense lawyers. Our criminal defense lawyers in Columbus Ohio have been involved with over 15,000 criminal cases. Our Columbus criminal defense attorneys oversee court cases in Central Ohio, in addition to Franklin County, Pickaway County, Madison County, Delaware County, Licking County, Fairfield County, and Union County.