R.C. 2919.25 prohibits knowingly causing or attempting to cause physical harm to a family or household member, recklessly causing serious harm, or by threat causing a household member to fear imminent harm. A first offense is a first-degree misdemeanor; a second offense is a fourth-degree felony, and a third or subsequent offense is a third-degree felony. Harming a victim known to be pregnant carries its own enhancements.
Domestic violence convictions trigger a federal firearm prohibition and generally cannot be sealed or expunged (with a narrow exception for some fourth-degree misdemeanor dispositions). Because so much rides on the outcome, and because these cases so often involve heated, two-sided incidents and later recantations, careful defense work is essential.
How Ohio Classifies & Punishes Domestic Violence
| Circumstance | Classification | Exposure |
|---|---|---|
| First offense | Misdemeanor 1 | Up to 180 days; up to $1,000 |
| Second offense | Felony 4 | 6–18 months prison |
| Third or subsequent offense | Felony 3 | 9–36 months prison |
| Threat-only (menacing form), first offense | Misdemeanor 4 | Up to 30 days; up to $250 |
| Victim known to be pregnant | Enhanced | Mandatory minimum / raised degree |
How We Defend Domestic Violence Charges
An arrest is an accusation, not a verdict. Our defense of a domestic violence charge begins with the questions the State would rather not answer:
- Self-defense and the question of who was the primary aggressor.
- Whether the accuser’s account is consistent, corroborated, and free of motive to fabricate (custody, divorce, jealousy).
- Whether the State can actually prove the required mental state (knowingly, purposely, recklessly) beyond a reasonable doubt.
- Whether the alleged victim qualifies as a “family or household member” under the statute.
- Whether prior convictions used to elevate the degree are valid and properly proven.
- Recantation, inconsistent statements, and lack of injury.
We bring that same disciplined approach — testing every procedure, every protocol, and every piece of the State’s evidence — to domestic violence cases across our nine-county Southern Ohio footprint. Where the evidence supports it, we negotiate for reduction or dismissal; where it does not, we are prepared to try the case.
Domestic Violence — Common Questions
Can a domestic violence charge be dropped if my partner recants?
The State, not the alleged victim, decides whether to prosecute, so a case can continue even after a recantation. However, a recanting or inconsistent accuser substantially weakens the State's proof, and we use that — along with the lack of corroboration or injury — in negotiating or trying the case.
Will I lose my firearm rights over a domestic violence conviction?
Yes. A domestic violence conviction triggers a federal prohibition on possessing firearms, and Ohio adds weapons-under-disability exposure. This collateral consequence is one of the most important reasons to fight the charge rather than plead quickly.
Can domestic violence be expunged in Ohio?
Generally no. Domestic violence convictions are excluded from sealing and expungement under Ohio law, with a narrow exception for certain fourth-degree misdemeanor dispositions. Because the record is essentially permanent, the disposition you get now matters for life.
Talk to a Assault & Violent Crimes Defense Attorney Today
If you or someone you love is facing a domestic violence charge in Lawrence, Scioto, Jackson, Gallia, Athens, Adams, Meigs, Pike, or Ross County, call (740) 532-8744 for a free, confidential consultation. We have offices in Ironton and Chesapeake and respond the same business day in most cases.