Cleveland Domestic Violence Lawyer

Cleveland Domestic Violence Attorney

Domestic violence is a serious and often misunderstood issue that affects countless individuals and families every year. When someone is charged with domestic violence, the legal process can be overwhelming, and the consequences can be life-altering. It is crucial to have a clear grasp of what domestic violence charges entail, and this is easier when you have a knowledgeable Cleveland domestic violence lawyer and criminal defense lawyer by your side.

When you need to defend yourself against these charges, a dedicated Cleveland domestic violence defense attorney can make all the difference.

Hire a Domestic Violence Lawyer You Can Trust at Fortress Law Group, LLC in Cleveland

Whether you are facing these charges yourself or seeking to understand the legal landscape for a loved one, a Cleveland domestic violence lawyer from Fortress Law Group can help.

At Fortress Law Group, LLC, we have spent over 15 years protecting the rights and interests of our clients in criminal defense cases. Our team understands the stress of facing criminal charges, especially charges as serious as domestic violence offenses. We fight hard to help you mitigate the consequences of these cases and potentially avoid conviction entirely.

Matthew C. Bangerter has previously served as an assistant prosecutor for Lake County, giving him exceptional insight into how the prosecution works when pursuing cases. He is always on top of the changes to trial strategies, case law, and criminal laws, using this knowledge to craft a better defense.

Fortress Law Group, LLC can help with your domestic violence charges. Some of our notable case results include:

• Case dismissal after pretrial based on claims that were not credible for a domestic violence charge in 2025
• Case dismissal before trial in the Cleveland Municipal Court for a domestic violence charge
• Case dismissal for domestic violence against a child in the Cleveland Municipal Court
• Case dismissal for felony domestic violence in 2023
• Case dismissal by the judge during the trial and a not-guilty verdict for domestic violence charges
• Charge reduction from third-degree felony domestic violence with a prior domestic violence record to fourth-degree misdemeanor disorderly conduct charges

We can provide guidance and support in cases with the Cleveland Municipal Court or the Cuyahoga County Common Pleas Court. Domestic violence cases can arise from misunderstandings, accidents, false accusations, or malicious actions by the perpetrators themselves. Whether or not you committed the crime, you need a strong criminal defense that stands by you.

What Is Considered Domestic Violence?

Domestic violence has many definitions, but is typically understood as a pattern of behavior used by one person to gain or maintain power and control over another person in an intimate or familial relationship. It can take many forms, and it’s important to understand that it extends beyond just physical violence. Some of the different types of domestic violence include:

• Physical Abuse: Physical abuse is any form of physical harm, intimidation, restricting someone’s breathing, or threatening to cause harm with objects or weapons. Examples include hitting, slapping, punching, pushing, shoving, strangling, and the use of weapons. In Ohio, 35% of domestic violence offenses from 2016 to 2023 were simple assault, 13% were intimidation offenses, and 5% were aggravated assault.
• Emotional and Psychological Abuse: This type of abuse can use manipulation to convince someone to doubt their own reality or sanity. It can also look like verbal abuse, which is using insults, name-calling, or belittling techniques to undermine someone’s self-esteem. It can also include the use of isolation to control who the survivor sees, where they go, and more in an effort to cut off their support systems.
• Sexual Abuse: Sexual abuse includes non-consensual sexual acts, rape, or sexual coercion. From 2016 to 2023, 2% of domestic violence offenses were rape offenses. 28% of sexual assault cases in the state in the same time frame were committed by family members of the victims, and 9% were committed by intimate partners.
• Financial Abuse: Financial abuse can include restricting access to money, bank accounts, or financial information to control the survivor’s ability to be independent. The abuser may prevent the victim from working or interfere with their job to destabilize their financial independence.
• Stalking and Harassment: Repeatedly following a victim, showing up uninvited, or monitoring their movements in person or online can be considered abuse. 32% of stalking offenses in Ohio from 2016 to 2023 were committed by intimate partners, and 6% were committed by family members.
• Technological Abuse: Technological abuse can be online harassment or monitoring devices using GPS or spyware to track the victim’s movements and communications.

Domestic violence can affect or be perpetrated by anyone, regardless of age, gender, socioeconomic status, race, or religion.

The Legal Definition of Domestic Violence in Ohio

The criminal offense of domestic violence in Ohio is defined as:

• Knowingly causing or trying to cause physical harm to a member of the family or household
• Recklessly causing serious physical harm to a member of the family or household
• Knowingly using threat or force to cause a member of the family or household to believe the offender is going to cause immediate physical harm to that person

Ohio law also defines domestic violence for the purposes of placing a protective order, which is different from criminal charges or a criminal case. The includes one or more acts against a family member, household member, or dating relationship partner:

• Trying to or recklessly causing bodily injury
• Placing a person in fear of immediate serious harm through the threat of harm
• Committing the offense of aggravated trespassing or menacing through stalking
• Committing child abuse
• Committing a sexually-oriented offense

These definitions mean that someone doesn’t have to be physically harmed for domestic violence offenses to be charged.

Defining Family or Household Member Under Domestic Violence Law

A family or household member under Ohio domestic violence laws includes:

• A person who lives with the offender or has previously lived with the offender, including:
• Their spouse or former spouse
• A person living as a spouse, meaning someone who has cohabitated with the offender in common law marriage, is currently cohabitating with the offender, or was living with the offender within five years before the offense occurred
• Their parent, foster parent, child, or other relation
• A parent, child, or other relation of the offender’s spouse, former spouse, or person living as their spouse
• The biological parent of a child when the offender is the other biological parent

A dating relationship is defined as a romantic or intimate relationship between individuals, not business, social, or casual acquaintances.

How a Domestic Violence Lawyer Can Help

Domestic violence lawyers can provide crucial assistance in several ways. When you hire a domestic violence lawyer, they can ensure that your rights are protected throughout the legal process. They help you to understand your charges, the potential consequences, and your legal options.

A lawyer can gather evidence, interview witnesses, and build a defense strategy that challenges the prosecution’s case. This can include questioning the credibility of the accuser, presenting evidence of self-defense, or highlighting inconsistencies in the prosecution’s case. If a plea deal is in your interest, a lawyer can negotiate with the prosecution to potentially reduce charges or penalties.

Domestic violence cases can be complex, involving criminal charges, protective orders, and possibly family court issues like custody or divorce. A lawyer can guide you through each step of the process and work to ensure that you meet all legal requirements and deadlines. They not only work to represent you in court and provide a solid defense but also to guide and support you throughout the process so that you do not have to navigate this challenging time on your own.

Understanding Civil Protection Orders in Cleveland

When someone is a victim of domestic violence or alleged domestic violence, they may be able to file for civil protection orders. These orders can prevent an alleged offender from certain actions, like going to specific places or contacting the person requesting the order.

A hearing for a civil protection order is not the same as a criminal defense case. It is a separate process and trial, and the petitions for protective orders are filed with the Cuyahoga County Clerk of Courts in room 131 on 1 Lakeside Avenue in Cleveland.

• Temporary protection order. You could face a temporary protection order filed through criminal court after an arrest for domestic violence. There is a hearing shortly after the petition for the order is filed. Its terms may prevent you from entering your home, a school, a business, or other place occupied or frequented by the petitioner. This protective order may be granted, but if you are not convicted of domestic violence offenses, the order generally expires.
• Civil protection order. Whether or not there is a hearing for a temporary protection order, there can also be a petition for a civil protection order. A petition for this type of protection order is handled in civil court and provides information about acts of domestic violence, the nature and severity of those acts, the relationship between the petitioner or victim and the alleged offender, and a request for relief. The civil protection order can prohibit the alleged offender from committing further abuse, prevent them from entering a shared home with the petitioner, give temporary parental rights to the petitioner, require the alleged offender to attend counseling, prevent them from entering certain locations the petitioner goes to, and create other requirements the court considers to be fair. This order lasts for a maximum of five years after it is issued. How the trial proceeds and the evidence that must be presented are based on what relief is requested.

A protection order can significantly limit your life. If you are aware that someone is filing a petition for a protection order against you, it is crucial to take action. Even if you have no interest in seeing that person again, a protection order can have significant consequences on your life and lead to criminal penalties if broken, even if it was an accident. When you hire a defense lawyer, they can help you defend yourself in a criminal case and a protection order case.

Can a Domestic Violence Conviction Be Expunged in Ohio?

No, a domestic violence conviction cannot be expunged in Ohio. Convictions for a felony act of violence and domestic violence offenses that are first- or second-degree misdemeanors are exempt from record sealing or expunction.

If you are convicted of a domestic violence offense, it stays on your criminal record forever. It shows up during background checks and is publicly accessible information. Having a criminal record can affect many opportunities in your life, including employment, housing, certain benefits, professional licenses, and even loans.

This is why it is essential to be proactive in your defense and work with an attorney quickly after being arrested or charged. The sooner a skilled attorney at Fortress Law Group, LLC can review your case, the more time they have to craft the strongest defense. This may help you avoid conviction or secure a less-severe charge with fewer long-term consequences. This can help protect your future.

Consequences of a Domestic Violence Conviction

Domestic violence offenses can be charged as either felonies or misdemeanors. Aggravating factors can increase the penalties for an offense. This includes whether there are prior convictions under the section, the severity of the injuries in the offense, or whether harm was caused to someone who is pregnant. These aggravating factors can also lead to mandatory minimum sentences, as high as 18 months.

• Fourth-degree misdemeanor. A domestic violence offense that is a fourth-degree misdemeanor is penalized with a fine of up to $250 and imprisonment for up to 30 days.
• Third-degree misdemeanor. Conviction of this offense carries potentially up to $500 in fines and up to 60 days in jail.
• Second-degree misdemeanor. This carries fines up to $750 and a maximum of 90 days of imprisonment.
• First-degree misdemeanor. A first-degree misdemeanor offense is the most serious misdemeanor domestic violence offense, carrying penalties like up to $1,000 in fines and up to 180 days of imprisonment.
• Fifth-degree felony. Conviction of a domestic violence offense that is a fifth-degree felony can lead to penalties like fines up to $2,500 and imprisonment for between six and twelve months.
• Fourth-degree felony. This leads to up to $5,000 in fines and between six and eighteen months of imprisonment.
• Third-degree felony. A third-degree felony is the most severe penalty listed in Ohio domestic violence laws. Conviction results in up to $10,000 in fines and between nine months and three years in prison.

Conviction for a felony offense can also lead to the loss of your gun rights and your voting rights. Even misdemeanor domestic violence offenses might lead to the loss of gun rights. You may also be required to pay restitution to the victims of the offense to cover expenses like their medical costs and loss of income during recovery.

There are many other consequences outside of immediate criminal penalties, besides the existence of a criminal record. Other collateral consequences can include loss of child custody and limited or no visitation rights. You can also be required to pay child support. If you have a professional license, it can be revoked. If you are an immigrant, you may lose your immigration papers.

Conviction can impact your social, personal, and professional reputation. Being imprisoned and the effects on your reputation can lead to you losing your job, which can worsen your financial situation.

What Are Potential Defenses to a Domestic Violence Charge in Cleveland?

The right defense to a domestic violence charge in Cleveland depends on your specific case, such as the facts of the charges against you, your arrest, and other information. There is no one defense that is right for every case. Instead, your domestic violence defense attorney can review your unique case to determine which is right for you. Potential defenses include:

• Self-defense. If you were acting to defend your own well-being or life based on a reasonable belief that you were in danger, and you acted proportionally, this defense may be useful.
• Defense of others. If you were defending another person from a reasonable fear of harm or death, this may also be a defense for your actions. Like self-defense, this is an affirmative defense, which agrees that the offense happened.
• Accident or lack of malicious intent. Domestic violence offenses either require intentional harm or intent to cause harm, or they require bodily harm caused by reckless actions. A lack of intent or reckless behavior defense might apply if the incident was caused by a misunderstanding, an accident, or another situation.
• False accusations. There are many cases of domestic violence where the victim is unable to speak out due to fear of harm, social backlash, and other consequences. Unfortunately, there are also cases where people falsely accuse others of domestic violence offenses. This is especially common in a family law case. Your attorney can work to find inconsistencies, motive, and errors in the witness’s testimony.

In some cases, taking the case to trial is not in your interests. Your attorney may instead help you negotiate a plea deal for a lesser charge with fewer negative consequences on your life. It is important that you work with a legal defense team that can help you make informed choices about your future and fight for you and for the ideal outcome to your case.

FAQs

How Does a Domestic Violence Case Work in Ohio?

Domestic violence cases in Ohio work by following a specific legal process. Generally, it begins with an arrest after a domestic violence incident. After the arrest, the police report is sent to the prosecutor, who decides whether to file charges. If charges are filed, the accused will appear in court for an arraignment, where they will be informed of the exact charges against them and asked to enter a plea, either guilty, not guilty, or no contest.

Is Domestic Violence Common?

Domestic violence is quite common and is a significant social issue worldwide. The prevalence of domestic violence varies, but statistics generally show that it affects many individuals each year. There were nearly 2,700 domestic violence charges filed in Cuyahoga County in 2024, 1134 of which were reported by the Cleveland Police Department.

How Long Do Most Domestic Violence Cases Last?

The length of most domestic violence cases in Cleveland, Ohio, varies widely depending on factors, including the complexity of the case, the court’s schedule, whether the defendant accepts a plea deal, and whether the case goes to trial. If a protection order is involved, it can impact the timeline, as the court may need to address the order separately or as part of the overall case. Consulting with a legal professional can provide more personalized insights for your case.

Is Domestic Violence a Fourth-Degree Misdemeanor in Ohio?

Certain minor forms of domestic violence may be a fourth-degree misdemeanor in Ohio. According to the state legal code, putting someone you live with or a family member in fear of physical harm by threatening them with force is a fourth-degree misdemeanor.

This conviction will go on your criminal record, which can have related impacts on employment, housing, and other aspects of life. In Ohio, a fourth-degree misdemeanor conviction may be eligible for expungement after a waiting period.

Speak With a Trusted Cleveland Domestic Violence Lawyer Today

In the face of alleged domestic violence charges, the stakes are incredibly high, and the path through the legal system can be daunting. Having the support of an experienced domestic violence lawyer on your side is not just beneficial; it is essential. They can provide critical guidance, protect your rights, and work tirelessly to achieve an ideal outcome for your case.

At the Fortress Law Group, we’ve helped many clients faced with domestic violence charges. We know what it takes to create an effective defense strategy. To learn more about how we can help you, set up a consultation with our talented team today. You do not have to face the challenges of your case alone.

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