Can You Get a Domestic Violence Charge Dropped in Ohio?

If you or someone you care about is facing domestic violence charges in Ohio, you likely have many questions about what happens next. One of the most common questions we hear at The Botnick Law Firm is whether these charges can be dropped or dismissed.

The short answer: Yes, it’s possible to get domestic violence charges dropped in Ohio—but it’s not as simple as many people hope. Let’s break down what you need to know.

What Ohio Law Says About Domestic Violence

Under Ohio Revised Code § 2919.25, domestic violence occurs when someone:

• Knowingly causes or attempts to cause physical harm to a family or household member
• Recklessly causes serious physical harm to a family or household member
• By threat of force, knowingly causes a family or household member to believe they will suffer imminent physical harm

The law applies to current or former spouses, people living together as a couple, parents, children, and other family members. Even if you’ve never been in trouble before, a domestic violence charge is serious business.

A Critical Fact Many People Don’t Realize

Here’s something that surprises many clients: In Ohio, the alleged victim cannot simply “drop the charges.”

Why? Because domestic violence is treated as a crime against the state, not just against the individual. Once police are called and charges are filed, the prosecutor takes control of the case. Even if the alleged victim later changes their mind or doesn’t want to move forward, prosecutors can—and often do—continue with the case anyway.

When Might Domestic Violence Charges Get Dismissed?

While every case is different, there are several situations where charges might be dropped:

1. Lack of Evidence

For a conviction, prosecutors must prove their case beyond a reasonable doubt. If they don’t have strong evidence, they may dismiss the charges. This often happens when:

• There are no visible injuries
• No medical treatment was needed
• There are no photos or other physical evidence
• Witness statements are inconsistent or unreliable

2. The Victim Requests Dismissal

While victims can’t drop charges themselves, their wishes do matter. Prosecutors are more likely to consider dismissal if:

• The victim actively asks for charges to be dropped
• The victim refuses to testify or cooperate
• The victim admits the initial report was exaggerated

However, many prosecutors in Ohio follow ‘no-drop’ policies for domestic violence cases and may continue even without the victim’s cooperation.

3. False Accusations

Unfortunately, domestic violence accusations are sometimes made during heated arguments, divorce proceedings, or custody disputes. If your attorney can show the accusations were false, there’s a good chance of getting charges dismissed.

4. Self-Defense Claims

Ohio law allows you to defend yourself if you’re being attacked. If evidence shows you acted in self-defense, your attorney may convince prosecutors to drop the charges or win an acquittal at trial.

5. Violations of Your Rights

If police didn’t follow proper procedures when arresting you or collecting evidence—such as conducting an illegal search or failing to read your Miranda rights—your attorney might get key evidence thrown out, leading to dismissal.

What Happens Immediately After a Domestic Violence Arrest?

When someone is arrested for domestic violence in Ohio, several things happen quickly:

• A court may issue a Temporary Protection Order (TPO) in the criminal case, often at arraignment or upon request by the prosecutor or alleged victim.
• This order typically requires you to stay away from your home and the alleged victim
• The TPO remains in effect until the case ends or a judge modifies it
• You may be barred from contacting family members, including your children

These immediate consequences can be extremely disruptive. That’s why getting legal help quickly is so important.

The Consequences of a Domestic Violence Conviction

If your case isn’t dismissed, a domestic violence conviction carries serious penalties:

• Threats without actual harm: Misdemeanor of the 4th degree, up to 30 days in jail, and a $250 fine
• Causing or attempting harm (first offense): Misdemeanor of the 1st degree, up to 180 days in jail and a $1,000 fine
• Repeat offenses, harm to a pregnant victim, or serious injury: Felonies ranging from 6 months to several years in prison and higher fines

Beyond these direct penalties, a conviction also means:

• Loss of gun ownership rights
• Potential impact on child custody and visitation
• Difficulty finding housing or employment
• Professional license issues
• Immigration problems for non-citizens

With so much at stake, it is critical to have an experienced defense attorney who can protect your rights, challenge the evidence, and work toward the best possible outcome in your case.

Diversion Programs in Ohio

In some Ohio courts, first-time offenders with no prior violent history may be eligible for diversion programs focused on treatment rather than punishment. Availability and requirements vary by county. These typically include:

• Anger management classes
• Counseling sessions
• Community service
• Regular check-ins with a probation officer

If you complete all requirements, the charges may be dismissed, and you might qualify to have your record sealed later.

How The Botnick Law Firm Can Help

At The Botnick Law Firm, we’ve helped many clients throughout Northeast Ohio deal with domestic violence charges. Our approach includes:

• Thoroughly examining all the evidence in your case
• Identifying weaknesses in the prosecution’s arguments
• Working to modify protection orders when appropriate
• Negotiating with prosecutors for reduced charges or dismissal
• Preparing a strong defense if your case goes to trial

We know that domestic situations are complicated, and charges don’t always tell the full story. Our job is to make sure your side is heard and your rights are protected.

Frequently Asked Questions About Domestic Violence Charges in Ohio

Does Ohio consider domestic violence a felony or misdemeanor?

It can be either. First-time offenses are typically first-degree misdemeanors, but charges become felonies if you have prior domestic violence convictions or if the victim suffered serious injuries.

How long do domestic violence cases typically last in Ohio?

Most cases resolve within 2-4 months, though complex cases can take longer, especially if they go to trial.

Will I lose my job if charged with domestic violence?

It depends on your employer’s policies. Some jobs, especially those requiring security clearances or professional licenses, may be affected even before conviction.

Can I be charged with domestic violence if there are no visible injuries?

Yes. Ohio law includes attempts to cause harm and threats that cause fear of imminent harm, neither of which requires visible injuries.

If the alleged victim refuses to testify, will my case be dismissed?

Not necessarily. Prosecutors can use other evidence, like 911 calls, photos, officer testimony, and statements made at the scene.

How long will a protection order stay in effect?

Temporary protection orders last until your case concludes. If convicted, a more permanent protection order may be issued, typically lasting 1-5 years.

How does a domestic violence charge affect child custody?

Courts take domestic violence allegations very seriously in custody proceedings. Even pending charges can result in supervised visitation or temporary loss of custody.

Don’t Wait to Get Help

If you’ve been charged with domestic violence in Ohio, time is critical. The sooner you have legal representation, the better your chances of a favorable outcome.

Contact The Botnick Law Firm today for a confidential consultation about your case. We’re available to help you through this difficult time.