Cleveland Domestic Violence Lawyers Help You Take Your Life Back
What is domestic violence?
Domestic violence is a terrible affliction on our society that severely affects families nationwide. All too often, victims of domestic violence feel they must accept the abuse because they are without hope or recourse. This is far from the truth. You can call the National Domestic Violence hotline at 1−800−799−SAFE (7233) or Action Ohio to find a safe place to stay while you get back control of your life. Once you have a safe place to stay, please contact Michael C. Asseff Attorney at Law to take additional steps.
Ohio Law defines domestic violence as doing one of the following acts against a family or fellow household member:
- Attempting to cause personal injury
- Threatening or causing the person to fear immediate harm
- Abusing a child
- Committing a sexual offense
Depending on the circumstances, domestic violence can be charged as a misdemeanor or a felony. In most cases, intentional acts that cause serious injury are tried as felonies, while threats or lesser acts are prosecuted as misdemeanors. Regardless of the severity or how the domestic violence arose, it always needs to be put to a stop.
How can a lawyer help me stop domestic violence?
An attorney who is familiar with criminal law can do more than just criminal defense. A skilled lawyer can also help a victim of domestic violence file a petition for domestic violence civil protection order (CPO). A CPO is a document that prevents further abuse by ordering a former abuser to do, or not to do, certain acts. Even if you have a domestic violence temporary protection order (DVTPO) from a related criminal matter, it is still worth getting a CPO because it lasts longer and gives you additional protection. A CPO can require the other spouse to pay child or spousal support, determine temporary possession of the marital home and arrange a visitation schedule. As of 2009, Ohio’s anti-stalking law permits electronic monitoring of the abuser in certain circumstances, such as when the health and safety of the abused is a concern.
How do I obtain a CPO?
While it is true you can obtain a CPO without a lawyer, it is in your best interests to work with an experienced attorney when your health and safety are at stake. The process to get a domestic violence CPO begins with an ex parte hearing — this means that only the party requesting the CPO is present. If the judge determines that you are at risk of domestic violence, an ex parte CPO is issued and a full court hearing is scheduled within ten business days. At the full hearing, both parties may present their evidence. If a CPO is issued at the full hearing, it can last for up to 5 years. Any violation of the CPO by your abuser is a violation of the law.
Take the first step by getting to safety and then call us for backup
Taking the first step to break out of a cycle of domestic violence and abuse is the most difficult part. However, you do not have to go through the entire process alone. Michael C. Asseff Attorney at Law can explain the steps you can take and advocate for your rights throughout the process. Call the office today at 440-520-1222 or contact the firm online.