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Last Modified on Feb 25, 2026
You are in a heated argument with your spouse inside your house. Your spouse calls the police to help de-escalate the situation. The police show up at your house and take statements. They believe there is probable cause for a domestic violence charge and place you under arrest. At this point, you may be wondering, “What happens after a domestic violence arrest?“
What’s next?
Once you are placed in the back of the police car, you will be taken to jail for booking. This is where you will be photographed, fingerprinted and fill out intake paperwork. Your personal property will be inventoried and held. You may remain there until your arraignment, which in Ohio must occur within 48 hours of a warrantless arrest.
What is an arraignment?
The arraignment is the “kick-off.” At this time, you will be seen by a judge. They will formally tell you the charges that have been filed. Then, you will enter your plea of guilty, not guilty or no contest.
By entering a guilty plea, you give up the right to trial, to confront witnesses and to make the State prove its case beyond a reasonable doubt. In addition, you could face incarceration, fines, probation, court costs or a combination.
If you enter a not guilty plea, then the next court date will be scheduled, and your attorney will begin reviewing and exchanging discovery (evidence) with the prosecutor.
A no contest plea means that you do not admit guilt, but you also do not dispute the allegations that have been made. Similarly to pleading not guilty, you waive your rights. The prosecutor will read a brief statement of the facts into the record, and the judge then decides whether those facts support the charge. The judge must find the defendant guilty based on the facts presented. If they do, you will be moved onto sentencing. If not, the case will be dismissed.
If you pled not guilty, the judge would explain your rights, address bond and impose conditions of release.
In this case specifically, conditions of bond could include a temporary protection order (TPO) between you and your spouse. This usually prohibits you from returning to the residence, contacting your spouse directly or indirectly or possessing firearms while the case is pending. Even if your spouse no longer wants to pursue charges, it is now up to the prosecutor to determine how the case will proceed.
What if your spouse reaches out to you expressing that they want you to return home?
Responding to your spouse would be a violation of the no-contact order which could result in additional criminal charges and revocation of bond.
So, what should you do?
Do not respond to the messages. You should share proof of the message with your Cleveland criminal defense attorney. Providing these messages with your attorney could help your attorney negotiate a deal with the prosecutor.
What you do in the first 48 hours matters. Exercise your right to remain silent and contact a criminal defense attorney.
The argument may have only lasted a few minutes, but what happens after 48 hours could last a lifetime.
The Fortress Law Group – We defend good people accused of bad things.
Cleveland, Ohio Criminal & OVI Defense https://www.bangerterlaw.com/
Call (440) 340-1740 if you’re looking for an experienced criminal defense attorney in Ohio.
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Ohio Domestic Violence Resources:
