In Ohio, a person who knowingly or recklessly causes or attempts to cause physical harm to a family or household member is guilty of domestic violence. If a person threatens physical harm a family or household member so that the victim believes the offender will cause imminent harm, that person is guilty of domestic violence. A family or household member is anyone residing or has resided with the offender, including a spouse, former spouse, any child of a spouse, a parent, a foster parent, a blood relative, anyone related by affinity, or the natural parent of a child of whom the offender is the natural or putative parent.
2919.25 [Effective 6/17/2010] 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.
Penalties
(3) A person who threatens a family or household member and puts that member in fear of imminent physical harm is guilty of a misdemeanor of the first degree. If the offender has previously pleaded guilty to or been convicted of domestic violence, or a similar domestic crime, in the state or any other state and if the victim was a family or household member at the time of the offense, a violation of (A) or (B) is a fourth degree felony, and, if the offender knew that the victim was pregnant at the time of the violation, the court shall impose a mandatory prison term and a violation of (C) of this section is a misdemeanor of the second degree.
(4) If the offender previously has pleaded guilty to or been convicted of two or more offenses of domestic violence or two or more violations or offenses of the type described in division (D)(3) of this section, a violation of (A) or (B) of this section is a felony of the third degree. If the offender knew that the victim was pregnant at the time of the violation, the court shall impose a mandatory prison term, and a violation of (C) of this section is a first degree misdemeanor.
(5) Except as otherwise provided in (D)(3) or (4), if the offender knew that the victim was pregnant at the time of the violation, a violation of (A) or (B) of this section is a felony of the fifth degree, and the court shall impose a mandatory prison term, and a violation of (C) of this section is a third degree misdemeanor.
Expungement
In Ohio, some convictions can be expunged from the record. However, the following cannot be expunged:
- convictions of violence when the offense is a first degree misdemeanor or felony;
- convictions of a first degree misdemeanor or felony when the victim was under eighteen; or
- convictions of first or second degree felonies; and convictions with mandatory prison terms
Upon and application for expungement, the court considers the following:
(1) whether applicant is a first offender;
(2) whether there are any other pending criminal proceedings pending against applicant;
(3) whether applicant has been rehabilitated;
(4) if any prosecutor's objection is valid; and
(5) whether the interests of the applicant to have the criminal conviction records sealed outweighs the public's legitimate needs of maintaining the criminal records.
Find an Attorney
If you have a domestic violence conviction in Ohio, you may be able to have the conviction taken off your permanent record if it was your first offense and you have shown that you are rehabilitated. Talk with an attorney to discuss your case.
