Legal Question in Constitutional Law in Ohio

judge making me drop charges agains attacker

I was assulted by my babies father at my own home. I pressed domestic violence charges on him the next morning after my medical treatment for a sprained foot. He did not press any charges on me. When we went to court over it, the Magistrate told me if i did not drop the charges that day he would send me off immediantly to juvenile detention for 90 days and take my baby away from me. I was wondering if he could do this and how am i supposed to be protected from this violent man? He is 18 i am 17, he injured me on my property, and i can not press charges on him?? why not? if i can get away with it he WILL do it again. i dont feel safe. The judge even told me i cant get a TPO on him or a civil protection order or something like that. can someone please help? I have contacted everyone i know of and they all say he can not do this but they are not sure...is anyone sure about the laws in ohio? this is the FIRST time i have ever pressed charges on anyone. i have never had any pressed on me either.


Asked on 6/08/04, 3:51 pm

2 Answers from Attorneys
Willard Hanner Hanner Law Firm

Re: judge making me drop charges agains attacker

You should contact Southeastern Ohio Legal Services at 1-800-686-3668.

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Answered on 6/08/04, 4:12 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: judge making me drop charges agains attacker

Based upon the facts you have provided, the magistrate was completely out of line. In fact, he's so far out there he probably can't even *see* the line. He has no business being a magistrate at all -- let alone one with domestic violence cases on his calendar.

If there are no charges against you then he has no authority to sentence you to any punishment whatsoever. He also has no authority to take your child from you unless the father has legal custody or a case has been brought by the appropriate authorities claiming you are an unfit mother. Even if you have been accused of being unfit, the case would have to be in his courtroom and you would be entitled to notice and a hearing (and probably an appointed attorney if you can't afford one) before he could take away your child.

If the judge believes for some reason that you are an unfit mother but there is no case pending, all he can do is refer the matter to the appropriate authorities -- and then *they* would decide whether to seek removal of your child. Likewise, if he thinks you have committed a crime he can report his concerns to the D.A., who would then decide whether to bring charges. The magistrate has no such authority on his own. Apparently he has forgotten about the constitutional separation of powers.

The fact that the father assaulted you is no reason for a judge to do anything to you, let alone the things this man has threatened. And even if you *did* have a case against you in his department, he would have no business blocking your access to the courts on other matters.

Contact your local social services agencies and ask them where you can get legal help. Also, call the local ACLU -- they will often help when a judge tries to abuse his office like this. If you live near a law school, call there and see if it has a clinical program that can assist you. You can also call your local bar associations and see if they have a domestic violence and/or child custody program that can help you out.

Good luck.

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Answered on 6/08/04, 5:23 pm


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