Domestic violence is defined as violence committed by one family or household member against another. It is important to understand that the term "domestic" applies to any of the following relationships:
- Live in girlfriend or boyfriend
- Parent or child
- Person that you share a child with
- Any level family member (i.e. cousin, aunt, uncle)
Unfortunately, a high percentage of all reported domestic violence cases are actually false since it is often used for revenge or to gain a calculated edge in a divorce case. For instance, some "abused victims" have used a DVO (Domestic Violence Order) to win custody, support and property in order to circumvent established routes, saving themselves time and money.
Even minor disagreements without injuries can result in a domestic violence arrest. Police have been educated to arrest first and ask questions later.
Defending domestic violence cases can be challenging and requires a great deal of skill and experience. Ohio is exceptionally tough on domestic violence and you can be charged criminally. This means that your name will be entered into a national criminal database and you will lose many of your rights. In essence, you are deemed a criminal.
In Kentucky, the party claiming they are a victim, first petitions the Court for an EPO (Emergency Protective Order). This Petition is reviewed by a Judge and if they believe the victim is in imminent physical harm, they will issue the EPO without you ever telling your side of the story. The consequences of an EPO can be severe and may include, (1) no contact with your children, (2) no contact with the alleged "victim", and (3) you can be evicted from your home, even if you are the only person on the lease or mortgage.
Being charged with domestic violence is not to be taken lightly. You will need an aggressive defense attorney to protect your legal rights.