Domestic Violence and Divorce

| Feb 26, 2018 | Uncategorized |

Domestic Violence is an issue that unfortunately is not discussed enough in the societal conversation about divorce. All too often we hear of instances where someone goes on a violent shooting rampage, but first starts the violence at home. This past November, a gunman in California killed five people after trying to shoot children at a local elementary school. The gunman fatally shot his wife and hid her body before going on his murderous rampage. Neighbors nearby said that the couple had a domestic violence incident the day before his rampage and said that similar incidents were common occurrence for the couple. Tragically, the gunman’s wife was another victim of domestic violence.

In Ohio, people that are victims of domestic violence can petition the Court for a Civil Protection Order under R.C. 3113.31, if two requirements are met. The two requirements are defined under R.C. 3113.31, (1) there must be a domestic violence incident and (2) the perpetrator of the domestic violence must be a family or household member. Under the statute “domestic violence” is committing one of the following acts against a family or household member: attempting to cause bodily injury or recklessly causing bodily injury; causing someone to fear imminent serious physical harm by threat of force; abusing a child; or committing a sexual oriented offense.  A “family or household member” as defined under the statute is a spouse or former spouse residing with the person perpetrating the domestic violence (“Respondent”); a person related by blood or marriage to the Respondent; or a person related to a spouse or former spouse of the Respondent. The statute also includes persons “living as a spouse.”

For example, if your spouse physically abuses your child, his stepchild, you could obtain a civil protection order on behalf of your child. You would simply have to petition the Domestic Relations Court in your county for a Civil Protection Order and demonstrate that your spouse, the Respondent, abused your child, a household member. If you are a victim of domestic violence and feel that you need a Civil Protection Order, please call our firm immediately and schedule a consultation.