It is not unusual for families and household members to experience conflict. In most cases, parties can resolve issues amicably. But sometimes they need to involve law enforcement for the safety of one or more members of the household. However, many people who call the police over domestic disputes are surprised by the consequences of involving law enforcement. Police have the authority to determine if an act of domestic violence has taken place. They can then make an arrest based on their evaluation of the incident. An arrest could lead to time in jail. Ohioans sometimes spend weeks, months, and even more than a year in court trying to resolve the issue. Here, we discuss some details of a domestic violence arrest in Ohio.

Police Authority For Domestic Violence Arrests In Ohio

Ohio law gives the police guidelines and broad authority when responding to a domestic violence call. It is largely up to the responding officers to determine whether an act of domestic violence has occurred. The law dictates what officers should do if they believe serious physical harm or threat of physical harm occurred. The law states that, “the officer shall arrest the offender” who the officer believes to be “the primary physical aggressor”.

Police do not need a warrant to make arrests in a domestic violence dispute.

Ohio Preferred Arrest For Domestic Violence Cases

Although it is not mandatory for police to make an arrest for every domestic violence call, they often do. It is very rare for police to respond to a domestic violence call without arresting someone at the scene. The police often determine that some violence occurred and will arrest the person believed to be the primary physical aggressor. However, if the police officer believes more than one person perpetrated violence, the police may arrest multiple people.

Police often find that the person who made the original DV call decides against having them arrest the alleged offender. However, if the police have determined there is enough evidence to make a DV charge, they will make an arrest. It does not matter whether the parties who called want to have someone arrested.

Jail Without Bail Until A Hearing Before The Judge

If a police officer has determined that domestic violence has occurred, they will arrest one or more persons. These persons will be jailed until the accused person(s) can be heard at an initial hearing by a judge. Unlike many other criminal offenses, you will not have a bail set or the opportunity to get out of jail prior to your hearing before the judge. This means that if the authorities arrest you for domestic violence over the weekend, you will likely be in jail for several days before your hearing before a judge.

According to the Enforcement of Domestic Violence Statutes document released by the Cleveland Division of Police, in making a determination about whom to arrest in a domestic violence incident, in addition to any other relevant circumstances, a police officer is to also consider:

The police officer’s observation of the facts and circumstances of the alleged incident, or from statements by alleged victim of domestic violence, or from statements from witnesses, indicates reason to believe that domestic violence has occurred or that a protection order has been violated.

In My Experience As Attorney For Domestic Violence Charges

I have been representing clients in domestic violence cases in several Ohio counties for many years. I can see the affect the revisions in the law are having and what you can expect if someone calls the police to your home in an alleged domestic violence incident.

Arrest is very likely in domestic violence calls

In Ohio, arrest is not mandatory, but the decision-making authority of the officer is very broad. It is very rare indeed that a police officer arrives to a domestic violence call and decides not to arrest anyone at the scene.  The police often arrest more than one person at the scene. I have seen the police arrest the person who made the initial call alleging violence of another person.

When arrested, you may feel like you have already been judged guilty

Once the authorities determined that you were the primary physical aggressor in a domestic dispute, they will immediately arrest you in put you in jail. This is the state of the law in Ohio at this time, and it can really make you feel like the jail is holding you unfairly before being able to have your day in Court.

Domestic Violence arrests are not just for men

It used to be very common for a scuffle between a man and a woman that the police would arrest the man. I see women arrested more often than I used to, and I see both parties arrested more often as well. Also, domestic violence arrests used to be almost exclusively between spouses. Because of the evolution of the domestic violence laws, and revisions to the definition of “family or household member,” domestic violence cases can be between family members who are not spouses or living as spouses, such as siblings or non family members living in the same household.

Alleged victims usually cannot recant

Once someone has made a domestic violence call, and police have determined that an arrest is appropriate, the state will not withdraw charges even if the alleged victim recants or decides he/she no longer wishes to pursue charges.

I have had it happen numerous times for clients of mine, that police respond to a call to help out in a domestic scuffle. Most often someone ends up arrested, even if that was not the original intent of the person who called the police. The people calling the police were hoping that law enforcement could simply arrive and act as intercessors or intervene to calm people down. However, on arrival, the police often determine that an act of violence or a threat of violence had occurred, or that a protection order has been violated, and someone ends up arrested.

Sometimes the police receive a call because a household member is threatening self harm. If the police have determined that the person also threatened or acted out harmful actions against others in the process, the police could arrest that person, whether or not the other members of the household want the arrest to take place.

Conclusion

Police are not required to make an arrest in every domestic violence call, but Ohio statute give cities, counties, and other political entities broad authority in determining the necessity for making an arrest in the event that there is reason to believe that domestic violence occurred. This can result in arrests and charges for minor domestic disputes in which neither the accused nor the alleged victim believe that prosecution is necessary. This happens more often than you think.

If You Are Charged With Domestic Violence In Warren County, Butler County, Montgomery County, Or Greene County

The attorneys at Dearie, Fischer & Martinson, know that good people sometimes find themselves under arrest as result of domestic disputes. If you are facing charges in any kind of domestic case, give us a call. Our attorneys have decades of experience representing clients in domestic violence cases. We are familiar with the local Court and will help you get the best result in negotiations with the prosecutor or at trial.

Every Domestic Violence Case Is Unique. Call Us To Discuss your case.

Call our Lebanon Office, for charges in Warren County, Butler County, Hamilton County, and Clinton County at our office.

In Beavercreek, Montgomery County, Greene County, and greater Dayton, email us.

You can also contact us on our website.

We answer all calls unless we are in Court or with a client. If you leave a message with us, we will return your call within the hour.

Our experienced attorneys will make sure that your rights are protected, and that you get the best result for your case.