Legal Question in Criminal Law in Ohio

Domestic Violence laws

The other day my boyfriend and I got charged with domestic violence. I thought domestic violence is if you threat or injure a family or household member. My question is how can they charged either one of us with domestic violence when we don't live together and he was at my residence. We had a dispute and the law was called because I wanted him to leave my residence and I feel that instead of getting charged with DV, we both should have been charged with assault. Or is this how the law works if you have a boyfriend or girlfriend visiting your residence?


Asked on 8/10/02, 10:15 pm

1 Answer from Attorneys
Michael Brandabur Brandabur Law, LLC

Re: Domestic Violence laws

From the information you provided, it is unlikely that your relationship meets the element of ""Person living as a spouse." This means: "a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question." The offense you are charged with carriers consequences beyond the criminal penalities associeate with a misdemeanor, such as the Brady Prohibition which means you cannot own or possess a handgun. There are many jobs that you become ineligible for, etc. I strongly urge that you retain a knowledgeable attorney.

Good Luck.

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Answered on 8/11/02, 8:43 am


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