Domestic Violence FAQ

For purposes of obtaining a protection order:

(1) "Domestic violence" means the occurrence of one or more of the following acts against a family or household member:

(a) Attempting to cause or recklessly causing bodily injury;

(b) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 or 2911.211 of the Revised Code;

(c) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;

(d) Committing a sexually oriented offense.

2919.25 Domestic violence.

(A) No person shall knowingly cause or attempt to cause physical harm to a family or household member.

(B) No person shall recklessly cause serious physical harm to a family or household member.

(C) No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Whoever violates this section is guilty of domestic violence.

A violation of division (A) or (B) with no previous conviction is a misdemeanor of the first degree, punishable by a maximum sentence of 180 days in jail and a $1,000 fine. A violation of division (C) is a misdemeanor of the fourth degree, punishable by a maximum sentence of 30 days and a $250 fine.

If the offender has a prior conviction for domestic violence or a substantially similar to domestic violence, or negligent assault, criminal damaging or endangering, criminal mischief, burglary, aggravated trespass or endangering children, and if the victim of that prior offense is a family or household member, then a violation of division (A) or (B) is a felony of the fourth degree, punishable by 6-18 months in prison and a $5,000 fine. If the victim was pregnant, the court must impose a mandatory term of prison.  A violation of division (C) is a misdemeanor of the second degree, punishable by a maximum sentence of 90 days in jail and a $750.00 fine.

 If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more offense involving a person who was a family or household member  a violation of division (A) or (B) of this section is a felony of the third degree, punishable by a prison term of 9-36 months and a fine of $10,000 and, if the offender knew that the victim of the violation was pregnant at the time of the violation, the court shall impose a mandatory prison term on the offender.  A violation of division (C) of this section is a misdemeanor of the first degree.

There are two kinds of protection orders in Ohio.  A temporary ex parte protection order can be granted the same day you file your petition in order to give you immediate protection from the abuser.  The judge can grant the ex parte order if there is "good cause" to do so.  Immediate danger of domestic violence can count as good cause to grant a temporary ex parte order, which includes, but is not limited to:

1. situations in which the respondent has threatened you with bodily harm or a sexually oriented offense; or
2. a situation in which the respondent previously has been convicted of or pleaded guilty to a domestic violence crime against you (including a juvenile adjudication for a domestic violence crime).*

An ex parte order will last until the hearing for your civil protection order, which generally takes places within 7 to 10 days.**

A civil protection order (CPO) can be issued after a hearing is held where the abuser has the opportunity to appear in court (even if s/he chooses not to appear).  A CPO can last up to 5 years but if the respondent (abuser) is under age 18 when the order is issued against him/her, the order can only last until s/he turns 19 (unless it is renewed/extended).***  However, if the CPO includes a provision for temporary custody/visitation and/or an order of support, those terms may end earlier than the 5 years if either parent files for divorce, legal separation, or allocation of parental rights and responsibilities and a judge in that court case makes an order for custody/visitation or support.****

* Ohio Rev. Code § 3113.31(D)(1)
** Ohio Rev. Code § 3113.31(D)(2)
*** Ohio Rev. Code § 3113.31(E)(3)(a),(c)

An ex parte or final protection order may:

• Order the abuser to refrain from abusing, harassing, and annoying you;
• Order the abuser to have no contact with you or your children;
• Keep the abuser from entering your home, school, business or place of employment, or those of your children;
• Evict the abuser and award you possession of the residence, even if the residence is owned by the abuser;
• Award you custody of your child;
• Require the abuser to pay you monthly support;
• Require the abuser to pay rent, mortgage, and/or utility payments;
• Require the abuser to see a counselor;
• Order that the respondent not remove, damage, hide, harm, or get rid of any companion animal owned or possessed by you (and the judge can allow you to remove your companion animal from the possession of the abuser);
• Grant you use of motor vehicle and other possessions;*
• Directing a wireless service provider  to transfer the rights to, and billing responsibility for, any wireless service (cell phone) number(s) that you or any minor children in your case use if you are not already the account holder;** and/or
• Grant any other relief that the court considers reasonable and fair.*

Whether a judge orders any or all of the above depends on the facts of your case.

* Ohio Rev. Code § 3113.31(E)(1)
** Ohio Rev. Code §§ 3113.31(E)(1)(k), 3113.451

You cannot be charged any fee or cost in connection with filing for a protection order, which includes filing your petition, getting an order issued, registering the order, modifying the order, enforcing the order or even dismissing/withdrawing the order.  You also cannot be charged anything to have the order served by law enforcement, to request a witness subpoena from the judge for a hearing, or to get a certified copy of your order.*

However, the court can make the respondent (abuser) pay costs in connection with any of the above-mentioned actions.** 

Although you do not need a lawyer to file for a protection order, it may be to your advantage to seek legal counsel, especially if the abuser has a lawyer.  Even if the abuser does not have a lawyer, you may want to contact a lawyer to make sure that your legal rights are protected.  If you cannot afford a lawyer but want one to help you with your case, you can find information on legal assistance and domestic violence agencies.   

* Ohio Rev. Code § 3113.31(J)(1)
** Ohio Rev. Code § 3113.31(J)(2)

Anyone can be an abuser. They come from all groups, all cultures, all religions, all economic levels, and all backgrounds. They can be your neighbor, your pastor, your friend, your child's teacher, a relative, a coworker -- anyone. It is important to note that the majority of abusers are only violent with their current or past intimate partners. One study found 90% of abusers do not have criminal records and abusers are generally law-abiding outside the home. 

There is no one typical, detectable personality of an abuser. However, they do often display common characteristics. 

• An abuser often denies the existence or minimizes the seriousness of the violence and its effect on the victim and other family members.
• An abuser objectifies the victim and often sees them as their property or sexual objects.
• An abuser has low self-esteem and feels powerless and ineffective in the world. He or she may appear successful, but internally, they feel inadequate.
• An abuser externalizes the causes of their behavior. They blame their violence on circumstances such as stress, their partner's behavior, a "bad day," on alcohol, drugs, or other factors.
• An abuser may be pleasant and charming between periods of violence and is often seen as a "nice person" to others outside the relationship. 

Red flags and warning signs of an abuser include but are not limited to:

• Extreme jealousy
• Possessiveness
• Unpredictability
• A bad temper
• Cruelty to animals
• Verbal abuse
• Extremely controlling behavior
• Antiquated beliefs about roles of women and men in relationships
• Forced sex or disregard of their partner's unwillingness to have sex
• Sabotage of birth control methods or refusal to honor agreed upon methods
• Blaming the victim for anything bad that happens
• Sabotage or obstruction of the victim's ability to work or attend school
• Controls all the finances
• Abuse of other family members, children or pets
• Accusations of the victim flirting with others or having an affair
• Control of what the victim wears and how they act
• Demeaning the victim either privately or publicly
• Embarrassment or humiliation of the victim in front of others
• Harassment of the victim at work

Source: NCADV.org

For anonymous, confidential help available 24/7, call the National Domestic Violence Hotline at 1-800-799-7233 (SAFE) or 1-800-787-3224 (TTY) now.

Anyone can be a victim of domestic violence. There is NO "typical victim." Victims of domestic violence comes from all walks of life, varying age groups, all backgrounds, all communities, all education levels, all economic levels, all cultures, all ethnicities, all religions, all abilities, and all lifestyles. 

Victims of domestic violence do not bring violence upon themselves, they do not always lack self-confidence, nor are they just as abusive as the abuser. Violence in relationships occurs when one person feels entitled to power and control over their partner and chooses to use abuse to gain and maintain that control. In relationships where domestic violence exists, violence is not equal. Even if the victim fights back or instigates violence in an effort to diffuse a situation. There is always one person who is the primary, constant source of power, control, and abuse in the relationship.

Every relationship differs, but what is most common within all abusive relationships is the varying tactics used by abusers to gain and maintain power and control over the victim. Nearly three in ten women and one in ten men in the United States have experienced rape, physical violence, and/or stalking by an intimate partner (or former partner) and reported at least one impact related to experiencing these or other forms of violence behavior in the relationship (e.g. feeling fearful, concern for safety, post-traumatic stress disorder (PTSD), need for health care, injury, crisis support, need for housing services, need for victim advocacy series, need for legal services, missed work or school). 

Physical and sexual assaults, or threats to commit them, are the most apparent forms of domestic violence and are usually the actions that make others aware of the problem. However, regular use of other abusive behaviors by the abuser, when reinforced by one or more acts of physical violence, make up a larger scope of abuse. Although physical assaults may occur only occasionally, they instill fear of future violent attacks and allow the abuser to control the victim's life and circumstances. 

Illustrations of the power and control wheel and the post-separation power and control wheel are particularly helpful tools in understanding the overall pattern of abusive and violence behaviors used by abusers to establish and maintain control over their partners both within and following a relationship. Very often, one or more violence incidents are accompanied by an array of these other types of abuse. They are less easily identified, yet firmly establish a pattern of intimidation and control in the relationship. 

As the wheels illustrate, abuse is cyclical. There are periods of time where things may be calmer, but those times are followed by a buildup of tension and abuse, which usually results in the abuser peaking with intensified abuse. The cycle then often starts to repeat, commonly becoming more and more intense as time goes on. Each relationship is different and not every relationship follows the exact pattern. Some abusers may cycle rapidly, others over longer stretches of time. Regardless, abusers purposefully use numerous tactics of abuse to instill fear in the victim and maintain control over them.

Domestic violence affects all aspects of a victim's life. When abuse victims are able to safely escape and remain free from their abuser, they often survive with long-lasting and sometimes permanent effects to their mental and physical health; relationships with friends, family, and children; their career; and their economic well-being.

Victims of domestic violence experience an array of emotions and feelings from the abuse inflicted upon them by their abuser, both within and following the relationship. They may also resort to extremes in an effort to cope with the abuse. Victims of domestic violence may: 

• Want the abuse to end, but not the relationship
• Feel isolated
• Feel depressed
• Feel helpless
• Be unaware of what services are available to help them
• Be embarrassed of their situation
• Fear judgement or stigmatization if their reveal the abuse
• Deny or minimize the abuse or make excuses for the abuser
• Still love their abuser
• Withdraw emotionally
• Distance themselves from family or friends
• Be impulsive or aggressive
• Feel financially dependent on their abuser
• Feel guilt related to the relationship
• Feel shame
• Have anxiety
• Have suicidal thoughts
• Abuse alcohol or drugs
• Be hopeful that their abuser will change and/or stop the abuse
• Have religious, cultural, or other beliefs that reinforce staying in the relationship
• Have no support from friends of family
• Fear cultural, community, or societal backlash that may hinder escape or support
• Feel like they have nowhere to go or no ability to get away
• Fear they will not be able to support themselves after they escape the abuser
• Have children in common with their abuser and fear for their safety if the victim leaves
• Have pets or other animals they don't want to leave
• Be distrustful of local law enforcement, courts, or other systems if the abuse is revealed
• Have had unsupportive experiences with friends, family, employers, law enforcement, courts, child protective services, etc. and believe they won't get help if they leave or fear retribution if they do (e.g. they fear losing custody of their children to the abuser)

These are among the many reasons victims of domestic violence either choose to stay in abusive relationships or feel they are unable to leave. 

The Power and Control Wheel is a way to describe battering for victims, offenders, and practitioners in the criminal justice system and the general public. Over several months in 1984, the Minnesota Domestic Abuse Intervention Program asked women in their educational groups for women who had been battered to describe the specific behaviors of the men who battered them. They listened to heart-wrenching stories of violence, terror and survival. After listening to these stories and asking questions, they documented the most common abusive behaviors or tactics that were used against these women. The tactics chosen for the wheel were those that were most universally experienced by battered women.  

For more information, visit their website.