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| Assault, Battery And Domestic Violence Legal issues involved in assault and battery, and domestic violence prosecutions. |
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10-10-2006, 12:41 PM
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Junior Member
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Join Date: Oct 2006
Posts: 3
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Domestic Violence Charges in Ohio
My husband has been charged with Domestic Violence against his 17 year old daughter. We have hired a lawyer, and pre-trial is set for this week. I need advice, as we have never dealt with this before.
The 17 year old daughter has a past that includes Juvenile Detention Center, Runaway Charges, Unruly Child Charges, Drug Abuse, several stints in outpatient treatment centers, and 5 months in a drug rehab center. She lived with us, and has been home since March. We noticed within the last month behavior indicating drug use once again. In the span of one weekend, she came home intoxicated and passed out in her room, tried to shop lift clothing while in the presence of her mother, and left our house without permission. When she returned to our house, the neighbors called to report that she was falling down drunk and could not walk. My husband is a very patient man, and we have tried every route with the exception of physical discipline with her. She and her father had what appeared to be a very good relationship. When she came home unable to walk, her spanked her three times with a belt.
She went to school and reported the behavior to the guidance counselor. The school called in the police and Children Services. Children Services came to the house, interviewed my husband and got his side of the story, along with her mother's story. The 17 year old daughter even indicated that her father had never spanked her at all prior to this once occasion. Children Services has closed the case, and indicates that he had very good reason, but he did leave marks and that is not allowed. Children Services does not recommend follow-up or additional action from their organization.
My husband did contact the police and went to the station where he was told there were charges filed and he was booked and bonded out.
We obviously do not want these charges on his record. He has no prior record of domestic violence. In addition to being a drug abusive unruly troublemaker, the 17 year old daughter has a blood disorder that has a symptom of excessive and easily bruising.
We have pulled all her drug records, juvenile records and medical records.
Any idea what we might else need to get this out of court or dismissed?
Thanks for any help!
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10-11-2006, 12:42 PM
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Senior Member
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Join Date: Sep 2005
Location: California
Posts: 32,460
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Re: Domestic Violence Charges in Ohio
Check to see if your county offers pretrial diversion for domestic violence charges - a Google search suggest that some Ohio counties do. It wouldn't hurt for your husband to discuss his situation with a criminal defense lawyer.
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10-12-2006, 09:55 AM
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Junior Member
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Join Date: Oct 2006
Posts: 3
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Re: Domestic Violence Charges in Ohio
Pretrial Diversion would mean doing some form of counseling or acts in exchange for a dismissal of charges?
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10-12-2006, 11:21 AM
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Administrator
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Join Date: Mar 2005
Location: Michigan
Posts: 26,484
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Re: Domestic Violence Charges in Ohio
The requirements of a diversion program will vary by state, county, and even by offense.
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10-12-2006, 11:49 AM
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Member
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Join Date: Oct 2006
Posts: 42
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Re: Domestic Violence Charges in Ohio
Is it possible that she could live somewhere else safe like a relative until her 18 birthday. I know a case similar to this and the victim moved out of the house. and the judge considered the child not being in any more physical danger. dismissed the case. but the judge did ban the father from having any contact with his daughter for some time
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10-13-2006, 11:47 AM
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Junior Member
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Join Date: Oct 2006
Posts: 3
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Re: Domestic Violence Charges in Ohio
The original custody agreement is a shared parenting where she is supposed to live with her mother one week and father the next week. Unfortunately, her mother does not want her due to the past and her drug activities. We discussed the matter with the attorney, and requested that during this we motion for the custody agreement to be changed, and that our wish is for her to be removed from our house, regardless of the outcome. The mother wishes to start emmancipation paperwork and allow her to live as the child wishes before her 18th birthday, but this paperwork does require the minor to agree as well, and although she wants to live with her friends and do what she pleases, she might be smart enough to understand that this also means no financial support as well.
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