Columbus, Ohio, Domestic Violence Defense Attorneys
Domestic violence allegations can severely disrupt the life of an accused person. Domestic or partner violence is a serious issue, and Ohio has enacted a number of statues in an effort to deal with domestic or partner violence. Ohio has enacted a separate Domestic Violence criminal statute (R.C. 2919.25) and has made arrest of the accused the “preferred course of action” (R.C. 2935.03).
In an effort to protect accusers/victims, Ohio has also enabled the accuser to obtain a “Temporary Protection Order” (R.C. 2919.26). A Temporary Protection Order can prohibit the accused defendant from contacting the accuser or the accuser's family members. It can prohibit the defendant from entering the accuser’s home, work, school or place of business.
We at Siewert & Gjostein Co. LPA have seen how these strong protections for accusers of domestic violence can be abused by unscrupulous individuals. Under the “preferred arrest statute,” a mere written statement by an accuser alleging domestic violence, stalking, aggravated trespass, or violation of a protection order requires law enforcement to arrest the accused, or the law enforcement officer is required to provide a written statement explaining why the accused was not arrested.
In our experience, law enforcement officers are very reluctant to provide written explanations for not arresting an accused. We have seen angry ex-partners use these statutes to have their former partners arrested and prohibited from returning home. This often results in the accuser removing all of the accused’s property from the former residence. Additionally, the accused can lose their employment as a result of being incarcerated and unable to appear for work. We have seen accusers call their employers to inform them that the accused is incarcerated for domestic violence, assuring the loss of employment for the accused.
The experienced Columbus, Ohio, criminal defense attorneys at Siewert & Gjostein have successfully represented hundreds of men and women wrongfully accused of domestic violence. We understand that intimate relationships can be intense and generate intense emotional responses. But we also strongly believe that neither violence nor false allegations of violence are ever an acceptable response.
