Legal Question in Criminal Law in Ohio

I've been in an unhealthy relationship for about two years off and on. Two months ago I decided to leave the residence that we shared and got my own apartment and a new job. My ex found out where I lived and slashed my tires. I got a restraining order and he violated the order within two days. He repeatedly kept calling saying how the order was not going to keep him away and how he wanted to work things out and he was sorry. Afraid he might do something else I met to talk with him to see if we could come to common ground. Since he lost the place we shared and was staying with his mother he wanted to stay with me for 3 months so that I could help him find a job and he could save to get his own place. Within a week, he was back to his same ways. Arguing about sex, who I'm on the phone with and why I like alone time. During one of the arguments he smacked me with an open hand and there was a fight. During the fight my right arm got hurt. I finally got him to call down enough to go to sleep. Once he fell asleep I called the police. He was arrested on domestic violence, assault, and violation of the protection order. Additionally, there was a warrant from the first violation that I knew nothing about. I know that this behavior is unacceptable but I don't want him to go to prison. He needs help and I don't think prison is doing to rehabilitate him.

Asked on 9/12/11, 4:07 am

1 Answer from Attorneys

Eric Willison Law Office of Eric E. Willison

In Ohio, the first time you are charged with domestic violence, it is a first degree misdemeanor punishable by up to six months in jail and a $1,000.00 fine. The second time you are charged with domestic violence it is a felony. He will also be facing contempt of court charges and it is no defense that you invited him to violate the order because it is not your order. It is the court's order.

He is facing serious charges. It does not mean that he will go to prison, but that is a possibility.

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Answered on 9/12/11, 6:54 am

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