In Ohio, domestic violence is defined as violence against individuals who live in the same home. It can apply to former spouses or romantic partners. The victim doesn’t have to live with the assailant at the time in which the crime occurred. A domestic violence attorney in Hackensack helps clarify these laws for individuals who are facing these charges.
Identifying the Victim
The first issue that could occur in a domestic violence case is identifying the wrong individual as the victim. Law enforcement officers may evaluate the evidence on-hand to make this distinction. However, the individual who appears the least affected by the attack is often considered the perpetrator. This case of mistaken identity leads to false charges against the victim. However, the true victim maintains the right to file criminal charges as well.
When a Protection Order Is Issued
A protection order is issued after the victim approaches the court. This order is acquired through an attorney and it identifies circumstances in which the victim is at risk of additional harm. The court identifies provisions in the order that reduce these probabilities. This includes visiting areas in which the victim visits frequently, such as their home, job, or their relatives’ homes.
The judge can add provisions if the accused has an addiction. These provisions prohibit them from drinking or using these substances. It could also impose supervised visitation requirements for the individual’s children.
How Do Violations of the Protection Order Affect the Case?
Any violation of the protection order is a separate criminal charge. Each violation is managed at a different court date. If the criminal case is linked to a divorce case, the results of these cases could affect the custody arrangement achieved during the divorce.
In Ohio, domestic violence presents additional measures to keep the victim safe. However, it is possible in these cases that the victim is mistaken for the attacker. When this occurs, an attorney must help this individual seek justice for their abuse and avoid a conviction. Individuals facing these charges should contact a domestic violence attorney in Mason, OH or visit website for more information today.
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