Domestic Violence Charges and Timeframes In Ohio
Domestic Violence Charges Can be filed within 2 years of Incident Ohio has a statute of limitations on misdemeanor charges of 2 years. That means that allegations of domestic violence can be investigated almost 2 years later, and charges may still be filed. This would be a rare exception.
Domestic Violence Arrest/Warrant Domestic Violence charges are normally filed immediately by police investigating an allegation of domestic violence. Ohio has a “preferred arrest policy” which means a suspect is typically arrested or a warrant is issued immediately after a preliminary investigation.
First Domestic Violence Court Date After arrest the Court who sets the case for an arraignment date within days. This arraignment date is when a Judge sets a bond amount and preliminary orders are set that may keep you or your family member from returning home. That means the first court date is very important as a second court date normally doesn’t occur for weeks after initial rulings are made.
Domestic Violence Process In Court After an initial appearance in court the prosecuting attorney and Defense exchange information relevant to the case. This is the Discovery process where reports taken by police and statements made by the parties are exchanged. Information exchanged during this process is the only evidence admissible during trial, so the sides are assessing the case against a Defendant. Between initial appearance and trial normally takes 2 months, although this timeframe can vary greatly based on the jurisdiction. Ohio law requires Misdemeanor Domestic Violence charges go to trial within 90 days. This is uniform across the State of Ohio.
Once Domestic Violence Charges End in Ohio Domestic Violence cases end with a trial or a plea bargain. Any resolution to a Domestic Violence case is on a Defendant’s record. Domestic Violence charges cannot be expunged but many plea bargains from Domestic Violence charges can be expunged. This is an important concept to remember when assessing the damage done by an arrest for Domestic Violence.