Columbus Domestic Violence Lawyer
Domestic violence is a deeply traumatic event that can leave victims and innocent children feeling trapped and helpless. Tens of thousands of Ohioans experience abuse every year, but it’s rarely seen from the outside.
At Atkins And Atkins, Attorneys At Law, LLC, we understand the fear, uncertainty, and hopelessness that intimate partner violence can cause. We also know how overwhelmed and afraid you may be if you have been falsely accused of domestic violence during child custody or divorce proceedings. We are here to help.
Contact our law office in Columbus, OH, for a consultation with a Columbus domestic violence lawyer at (614) 485-8248. We provide compassionate legal support to help you seek court protection and address important family law matters.
How Atkins And Atkins, Attorneys At Law, LLC Can Help With Family Law Issues Involving Domestic Violence
Whether you are seeking court protection or need help navigating complex family law matters after domestic violence, Atkins And Atkins, Attorneys At Law, LLC is here to help you. We will advocate for you and provide reliable guidance to help you navigate the court process.
Our domestic violence attorneys in Columbus, Ohio, can assist with many issues involving intimate partner abuse. We can:
- Advise you about your legal options so you can make informed decisions
- Help you seek a protection order if you or your child are in danger
- Assist with filing a police report
- Advocate for custody and visitation arrangements that protect your child
- Pursue the resources you need in a divorce
- Represent you at meetings, hearings, and at trial
- Help you respond to false accusations of abuse
We are committed to providing personalized legal strategies tailored to your unique situation. Schedule a consultation with a Columbus family law attorney today so we can help you ensure your family’s safety and security.
Overview of Ohio Domestic Violence Laws
In Ohio, domestic violence is defined under Ohio Revised Code Section 2919.25. Domestic violence is defined as actions committed by a family or household member that include:
- Causing intentional harm
- Causing harm through recklessness
- Attempting to cause harm
- Making threats that cause a household or family member to believe they are at risk of imminent harm
- Aggravated trespass (§ 2911.211)
- Menacing by stalking (§ 2903.211)
- Sexually oriented offenses
- Actions that result in a child being abused (§ 2151.031)
Domestic violence is a fourth degree misdemeanor when it involves threats of harm. Otherwise, it’s a first degree misdemeanor. However, the charge is upgraded if the offender knew the victim was pregnant. There are mandatory prison terms for domestic violence that results in harm to an unborn child.
With a previous domestic violence conviction, a new offense involving threats becomes a second degree misdemeanor. A new offense with physical harm becomes a fourth degree felony. If the offender knew the victim was pregnant, there is a mandatory prison sentence. The penalties are even harsher for a third or subsequent offense.
How Common Is Domestic Violence In Columbus, Ohio?
There were more than 32,400 incidents in Ohio that resulted in domestic violence charges in 2023. Another 36,000 domestic violence incidents did not result in criminal charges. The Columbus Police Department alone responded to more than 7,500 incidents of intimate partner violence.
One in four women, one in seven men, and about half of non-binary and transgender people will experience domestic violence at some point.
According to the Ohio Domestic Violence Network, there were 114 deaths in 85 domestic violence cases in Ohio between 2023 and 2024. Victims ranged from four months to 85 years old and included five pregnant women and 15 children and teenagers. There were 33 children in Ohio who were present to witness the murder of a parent or caregiver.
One of the most dangerous times for someone in an abusive relationship is when they are trying to leave. At least 22% of victims killed by their abusers were ending the relationship.
Can Domestic Violence Victims Get a Protection Order in Columbus?
A protection order may be granted by a judge to order the other party to stop contacting you and stay away from you. If the order is violated, the defendant can be arrested and face criminal charges.
There are four types of protection orders in Ohio.
- Domestic Violence Temporary Protection Order (DVTPO) issued by criminal or municipal courts
- Criminal Protection Order (CRPO) issued by criminal or municipal courts
- Civil Protection Order (CPO) issued by civil or domestic court for household and family members of the respondent
- Civil Stalking or Sexually Oriented Offense Protection Order (SSOOPO) issued by Common Pleas Court
A CPO is intended to protect domestic violence victims from further abuse. It may include many types of orders to:
- Direct the respondent to cease contact and abusive behavior
- Require the respondent avoid entering the victim’s home, business, place of work, or school
- Order the respondent to vacate the home or grant possession of the home to you and other family members
- Order the respondent to provide appropriate alternative housing to the victim
- Require the respondent to attend counseling
- Require the respondent to maintain the support or financial contributions he or she has customarily provided
- Grant other forms of relief such as requiring that the victim retain use of a motor vehicle
A civil protection order may last up to five years. It can potentially be renewed for an additional five years.
How Does Domestic Violence Affect Divorce In Columbus, OH?
Ohio has no-fault divorce, but domestic violence allegations can still impact divorce proceedings in many ways.
Fault-Based Divorce
Spouses may choose to pursue a fault-based divorce in Ohio on the grounds of extreme cruelty. If you have been the victim of violence, this may give you a sense of justice and accountability. In some cases, proving fault may influence property division and child custody.
It’s possible a fault-based divorce may strengthen your case for primary custody of your child. It can also potentially lead to more favorable property distribution. However, this is not a guarantee. Fault-based divorce is more time-consuming and expensive, and the court may not side with you on these matters.
Custody and Visitation
Decisions about child custody and visitation can be heavily affected by abuse allegations in divorce. The court will prioritize the child’s well-being and best interests by considering dozens of factors. If one parent has a history of abuse, or there is reason to believe abuse may occur, the court will consider the best options to ensure the child’s safety.
Domestic violence can result in reduced visitation or court-ordered supervised visitation. In serious cases, courts may award one parent sole custody.
Property Division And Support
Domestic violence can affect financial decisions in divorce, including distribution of marital property and support. Abuse is one of many factors that may be considered when determining if spousal support should be ordered, how much to order, and how property should be divided.
If domestic violence has affected your financial situation or well-being, the court may award spousal support or adjust property division to account for this.
Civil Protection Orders
If one spouse has concerns about their safety or the safety of the children involved, the court may issue a civil protection order (CPO). When spouses are still living together in the marital home, a CPO means one spouse may be ordered to vacate the home immediately.
There may be exceptions made in the CPO to allow for communication regarding shared children and visitation. Otherwise, a third party will need to facilitate the visitation exchange. However, if visitation has already been set before the order, and the child is a protected party, visitation with the child will likely be ended while the order is in force.
Does Domestic Violence Affect Child Custody In Columbus?
In Ohio, the child’s safety and best interests are paramount in custody decisions. A history of domestic violence is a major factor the court considers when determining custody. The court may consider a history of spousal abuse, child abuse, and other forms of domestic violence in granting shared parenting and naming a parent as the residential parent.
Potential impacts include:
- Restricted visitation to limit the abusive parent’s access to the child
- Supervised visitation, which requires the presence of a neutral third party during visits
- Loss of custody in severe cases
We are dedicated to advocating for custody arrangements that ensure your child’s safety and well-being.
Schedule a Consultation With Our Columbus Domestic Violence Attorneys
If you are dealing with a difficult domestic violence situation, Atkins And Atkins, Attorneys At Law, LLC is here to help you. We can provide the personalized attention and guidance you need to navigate your family law matters. Our legal team will advocate for you and seek the best possible outcome that protects your family and safeguards your future.
Contact our family law firm today to set up an initial consultation to discuss your case with a compassionate Columbus domestic violence attorney.
