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Are Domestic Violence Arrests Mandatory in Cleveland?

February 20, 2020 | Written by Dan Margolis

When the police respond to a Cleveland domestic violence call, they don’t have to make an arrest. But they often do. This is because Ohio law tasks police to make an arrest if they see evidence of domestic violence or if someone’s safety is at risk. This policy sounds good, but it leads to many unnecessary arrests and domestic violence charges.

Fortunately, a Cleveland domestic violence lawyer can help you avoid the harsh consequences of a domestic violence conviction. By intervening early, the Law Office of Daniel M. Margolis, LLC can maximize your chances of obtaining a favorable resolution. If you have been accused of domestic violence, your best option is to contact a lawyer immediately.

For a free and confidential consultation, call (216) 533-9533 today.

When Police Make Domestic Violence Arrests

Ohio law requires the police to arrest domestic violence suspects when they reasonably believe that someone has been physically harmed, or is at risk of being harmed by a person they live with, a romantic partner, or a member of their family.

Often, a domestic dispute may involve several people who are each contributing to the violence, in which case the police will arrest the “primary physical aggressor.”

What the police see and hear when they respond to a domestic violence call can leave a lot of room for error, so they consider a variety of factors when making the arrest decision:

  • The suspect’s criminal history or previous involvement in domestic disputes
  • The likelihood that the suspect was acting in self defense
  • The reasonableness and credibility of the victim’s allegations
  • Any injuries to the alleged victim or suspect
  • The statements and credibility of any witnesses at the scene

In these domestic violence scenarios, the police do not need a warrant to lawfully make an arrest. But they must still conform to other requirements, such as reading Miranda rights, allowing a phone call, and stopping an interrogation once someone asks for a violent crime lawyer.

What to Expect After a Domestic Violence Arrest

Once you’ve been arrested for domestic violence, the police will book you in jail. You will need to wait until your initial hearing with the judge, who may decide to release you on your own recognizance or on bail. The prosecutor will then charge you with domestic violence, and you will either need to plead “guilty” or “not guilty.”

An Ohio domestic violence conviction may result in the following:

  • Jail time
  • Fines
  • Restrictions on firearms
  • Jeopardized career
  • Ruined reputation and strained relationships
  • Custody issues
  • Immigration consequences for non-citizens

Depending on the severity of the victim’s wounds and any prior convictions, domestic violence may be charged as a misdemeanor or felony.

A Cleveland Domestic Violence Lawyer Can Help

At the Law Office of Daniel M. Margolis, LLC, we are dedicated to helping our clients overcome domestic violence accusations. By advocating for your rights at every stage , we can help you avoid the devastating consequences of a conviction.

If you have been arrested for domestic violence in Cleveland, call us today at (216) 533-9533 for a free and confidential consultation.

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