Filing a Domestic Violence Complaint and Subsequent Procedures

Since the inception of COVID-19, many news outlets and social media channels have speculated on whether extended stay-at-home orders (or similar) would increase the occurrences of domestic violence incidents? It’s a valid point that deserves attention and thought, which I’m sure we’ll see figures on soon. Until then, I felt it would be helpful to cover some basics about what a domestic violence complaint involves and the subsequent procedures involved parties should expect. For ease of explaining, these laws will be accurate for Ohio, since that's where I'm admitted to practice law and our locality.

An alleged victim does not need the assistance of an attorney to file a domestic violence complaint in Ohio. Typically, calls are placed to law enforcement, who respond to a 911 call. Police arrive, place the alleged abuser under arrest, and issue a warrant. The warrant must be in compliance with Fourth Amendment dictates, identifying the suspect and the place in which the domestic violence occurred.

Alternatively, the alleged victim can file a domestic violence complaint, subsequent to which law enforcement will make an arrest and, upon probable cause, issue a warrant.

In the complaint, the victim must particularize the nature of the alleged domestic violence incident and corroborate the assertions with documentary and physical evidence (i.e., photos, recordings, emails, social media posts, torn clothing, physical scars, doctors’ notes, etc.). Without such evidence, the case will, in all likelihood, be dismissed.

Identity of the Victim

The alleged victim must satisfy the requirements of being “a family or household member within the meaning of ORC § 2919.25 (F), as follows:

“(F) As used in this section and sections 2919.251 and 2919.26 of the Revised Code:
(1) “Family or household member” means any of the following:
(a) Any of the following who is residing or has resided with the offender:
(i) A spouse, a person living as a spouse, or a former spouse of the offender;
(ii) A parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender;
(iii) A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender.”

Appearance In Court and Six Amendment Rights

Pursuant to a court-issued subpoena, the alleged victim must appear before a judge or be held in contempt (an act punishable by up to thirty days in prison). In the absence of witnesses who can corroborate or negate the occurrence of physical harm or abuse, the alleged victim’s appearance is essential to the prosecution’s case. In fact, the alleged victim’s testimony may be the only viable evidence on the prosecution’s side. Statements made to police subsequent to Miranda warnings are subject to suppression at trial. Testimony of the alleged victim’s out-of-court statements are subject to the hearsay rule and inadmissible as inherently unreliable. To preserve Six Amendment rights, neither party (neither the alleged abuser nor alleged victim) should speak to law enforcement without an attorney.

Fifth Amendment Rights

According to the Fifth Amendment to the United States Constitution, an accused is entitled to cross-examine witnesses hostile to his or her case. If the victim is not present in course, the defendant unduly forfeits that right. In the alleged victim’s absence, the court may order a continuance until such time as the alleged victim can be located. If that event does not occur, the case will be dismissed.

Dropped Charges

In a domestic violence case, the alleged victim cannot unilaterally drop the charges. In effect, once charges are filed, there is no turning back, except by the prosecution, who serves as the alleged victim’s protector. In most instances, the prosecution will pursue the charge to avert further harm to the alleged victim, even if the latter request that charges be dropped.

Seek Advice from a Local Attorney

While the above insight isn’t expansive for all regions or circumstances, the intent was to share the basics of domestic violence complaints and what both parties could expect from the situation. There are a variety of similarities between different jurisdictions, but it’s always advised to connect with an experienced domestic violence attorney to be certain about your local laws.