Domestic violence accusations can be life-changing for EVERYONE involved. Entire families can be torn apart when a loved one is charged with creating an abusive situation. The accused abusers are oftentimes kept from their loved ones, struggling through the legal process alone trying to explain their side of the story, while their loved ones are left feeling scared, anxious, and uncertain about the family’s future. These matters are even more complex for parents who are accused of abuse. With the support of a trusted Cleveland domestic violence attorney, you can get through this ordeal and protect your reputation.
If you’ve been accused or charged with domestic violence or any other criminal charge in Ohio, it can have catastrophic impacts on your family life, your career, and ultimately your freedom. The Botnick Law Firm is focused on helping you fight these charges to defend your rights and liberties. Experienced criminal defense attorney Robert Botnick will work hard to get you the BEST verdict for your future.
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Domestic Violence does not necessarily involve physical violence. There are many situations that can result in charges. When a partner or ex-partner feels threatened or endangered by another’s behavior, they may feel inclined to pursue domestic violence charges against them. Once law enforcement becomes involved, these charges are taken VERY SERIOUSLY. Your lives and your relationships will be thoroughly investigated, and examined closely for any “red flags” that could have led to domestic violence. Here are some situations that have commonly triggered a victim to pursue charges:
Stalking – A past or present spouse is repeatedly followed, monitored, watched, or harassed to the point of feeling uncomfortable. This can even result from repeatedly texting, emailing, and calling.
Damaging Property – If there is any property damage, whether the property is owned by the accused or not, any destruction of property can be alarming and cause a partner to feel threatened.
Restricting Communications – Limiting a spouse’s ability to speak to family or friends, not allowing them to leave the house, restricting access to phones and the internet can all feel like threatening behavior.
Physical Altercations – Any sort of unwanted physical contact, regardless of whether an injury is caused, could lead to charges.
Self-Harm – Threatening to harm oneself to a spouse, ex-spouse, family member, or partner.
Sharing Personal Information – Distributing information like private text messages or photos could be detrimental to one’s image.
In the moment, domestic violence can be an intense, high adrenaline altercation that leaves each spouse traumatized — If you are seriously injured or in danger contact your local authorities immediately. Whether you are the one being accused or the victim, if you have injuries seek medical attention immediately.
Once you’re in a safe area and your injuries have been properly treated, your next step should be to call a top-rated criminal defense attorney. You need an experienced Cleveland domestic violence lawyer that will work hard to get you the BEST verdict for your future, so you can focus on getting yourself and your family back to normal. Contact us today for help defending your rights and freedoms.
Contact an expert law firm with years of experience defending the criminally accused throughout Cleveland and across Northeastern Ohio. Work with an attorney who will do everything in their power to keep you out of jail, with a clean record. If you’ve been accused of domestic violence — Contact Mr. Botnick as soon as possible to begin building a strong case to help save your employment, your family, and YOUR life. Schedule your consultation today.
Your choice of criminal defense attorney can be a life-changing decision. You need Ohio domestic violence attorney Robert Botnick with you in court to get you the BEST possible outcome for your case. The Botnick Law Firm is ready to FIGHT for clients facing domestic violence charges or any other criminal charges.
Our #1 goal is to protect the rights and liberties of the criminally accused. If you are involved in an Ohio domestic violence charge contact our office as soon as it is safe to do so. Mr.Botnick will help get you the best possible results for your case — Book a consultation today for assistance building your domestic violence defense.
The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.
When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.
After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.
You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.
Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.
In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.
If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.
In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.
Charges can be devastating for those accused of domestic violence crimes. Your entire life becomes exposed to the courts, only to be combed through for evidence of violent behaviors. They will take into consideration things like your history, and the injuries sustained, if any. Once charged, it can impact your relationships, your career, and can even result in jail time.
With the right legal representation, you can win your case and have your charges dropped, and sealed. If you are convicted, depending on the severity those charges may show up on your criminal record for the rest of your life. Once your fines are paid and any jail time is served, there are determined waiting periods in Ohio before you may pursue expungement.
Under Ohio law, domestic violence charges can be pursued by family or household members that have been harmed or threatened. This includes spouses or romantic partners, exes, children, parents, and extended family members. Ohio courts also state that incidents with close relatives of a spouse or ex-spouse may also fall under the domestic violence law. If convicted, depending on the situation you could be facing either a misdemeanor or a felony with fines and jail time.
We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.
The Prosecutor will not take your charges lightly — Will you?
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