Assault and Domestic Violence Defense in Ohio: Understanding ORC sections 2903.13, 2919.25, and Protection Orders

Assault and domestic violence charges are among the most common criminal offenses in Ohio, and they carry consequences that reach far beyond criminal penalties. You can lose your firearm rights, face mandatory protection orders, and suffer employment and housing consequences—all from charges that are often based on exaggerated or fabricated allegations.

Understanding Ohio's assault and domestic violence laws is critical if you've been charged or if someone has threatened to file charges against you.

Ohio's Assault Statutes

ORC § 2903.13: Assault

ORC § 2903.13 is Ohio's general assault statute. You violate it if you:

• Knowingly cause or attempt to cause physical harm to another person, or
• Recklessly cause serious physical harm to another person

"Knowingly" vs. "Recklessly"

• Knowingly: You were aware your conduct would probably cause harm
• Recklessly: You didn't care whether your conduct caused harm (heedless disregard)

Penalties

Assault is typically a first-degree misdemeanor:

• Up to 180 days in jail
• Fines up to $1,000
• Possible probation and anger management

Penalties increase to a fourth-degree felony (6-18 months prison) if the victim is:

• A police officer, firefighter, or other protected person
• A healthcare provider at a hospital
• A school employee on school grounds

ORC § 2903.11: Felonious Assault

ORC § 2903.11 is the more serious version of assault. You violate it if you:

• Knowingly cause serious physical harm to another, or
• Cause or attempt to cause harm by means of a deadly weapon or dangerous ordnance

What Counts as a "Deadly Weapon"?

Almost anything used to cause harm can be a deadly weapon:

• Knives, guns, bats
• Vehicles (if used to strike someone)
• Rocks, bottles, or other objects used as weapons

Penalties

Felonious assault is a second-degree felony:

• 2 to 8 years in prison
• Fines up to $15,000
• Mandatory post-release control

If the victim is a peace officer or other protected person, penalties increase to a first-degree felony (3-11 years prison).

ORC § 2903.21: Aggravated Menacing

ORC § 2903.21 prohibits knowingly causing another to believe you will cause serious physical harm to them.

This is a threat-based offense—you don't have to actually harm anyone. Examples:

• "I'm going to kill you"
• Displaying a weapon in a threatening manner
• Explicit threats to seriously injure someone

Aggravated menacing is a first-degree misdemeanor (up to 6 months jail, $1,000 fine).

Domestic Violence: ORC § 2919.25

ORC § 2919.25 is Ohio's domestic violence statute. It applies when the victim is a family or household member.

Who Qualifies as a "Family or Household Member"?

• Spouses and ex-spouses
• People living together or who lived together
• Parents of a child in common (even if never married or lived together)
• Dating or former dating relationships
• Family members by blood or marriage

What Conduct Violates ORC § 2919.25?

You violate ORC § 2919.25 if you:

• Knowingly cause or attempt to cause physical harm to a family or household member, or
• Recklessly cause serious physical harm to a family or household member

The conduct is the same as assault (ORC § 2903.13), but the relationship between offender and victim triggers the domestic violence statute.

Why Domestic Violence Is Treated Differently

Domestic violence carries unique consequences:

• Mandatory protection orders: Judges often issue no-contact orders even pretrial
• Firearm prohibitions: Federal law (18 U.S.C. § 922(g)(9)) prohibits gun possession if convicted
• Enhanced penalties: Subsequent domestic violence convictions carry mandatory jail time
• Immigration consequences: Domestic violence is a deportable offense

Penalties

First offense domestic violence is typically a first-degree misdemeanor:

• Up to 180 days in jail
• Fines up to $1,000
• Mandatory protection orders
• Possible anger management or batterer intervention programs

Penalties increase dramatically for repeat offenses:

• Second offense within 10 years: Minimum 20 days jail (can't be suspended)
• Third or subsequent offense: Fourth-degree felony (6-18 months prison)

Mandatory Arrest Policies

Ohio law enforcement agencies follow mandatory arrest policies in domestic violence cases. This means:

• If officers have probable cause to believe domestic violence occurred, they must arrest someone
• Even if the victim doesn't want to press charges
• Even if the victim recants their statement later

Officers often arrest based solely on the alleged victim's initial statement without independent investigation.

Civil Protection Orders: ORC § 3113.31

Domestic violence cases often involve civil protection orders (CPOs) under ORC § 3113.31. These are separate from criminal charges but have serious consequences.

Ex Parte vs. Full Hearing Orders

• Ex parte orders: Issued without you being present based solely on the petitioner's allegations (immediate and temporary)
• Full hearing orders: Issued after a hearing where you can present evidence and cross-examine the petitioner (can last up to 5 years)

For detailed information about challenging protection orders and understanding the ex parte process, see our comprehensive guide on Protection Order Defense in Ohio.

What CPOs Can Do

Protection orders can:

• Prohibit all contact with the petitioner (no calls, texts, social media, third-party contact)
• Order you out of your home (even if you own it)
• Restrict your contact with your children
• Require you to surrender all firearms immediately
• Order you to stay away from the petitioner's home, workplace, and school

Violating a Protection Order: ORC § 2919.27

Violating any term of a CPO is a separate criminal offense under ORC § 2919.27:

• First violation: First-degree misdemeanor (up to 180 days jail)
• Subsequent violations: Fifth-degree felony (6-12 months prison)

Even accidental contact (running into the petitioner at a store) can be charged as a violation.

Common Defenses to Assault and Domestic Violence Charges

Self-Defense

Ohio law allows you to use reasonable force to defend yourself. You can argue self-defense if:

• You reasonably believed you or another person was in imminent danger
• You used no more force than necessary to defend yourself
• You didn't provoke the attack

Ohio's "Stand Your Ground" law (ORC § 2901.09) removes the duty to retreat before using force in self-defense.

Defense of Others

You can use force to protect someone else if:

• You reasonably believed they were in danger
• You used reasonable force
• The person you defended would have been justified in using force themselves

Mutual Combat

If both parties were willing participants in a fight, both can be charged. However, you may be able to argue:

• The alleged victim was the primary aggressor
• You only defended yourself
• The allegations are exaggerated to shift blame

False Allegations

False allegations are common in domestic violence cases, particularly during:

• Divorce and custody disputes: Fabricating allegations to gain advantage in family court
• Breakups: Retaliation or attempts to control the other person
• Property disputes: Using criminal charges as leverage

Defense strategies include:

• Text messages and communications: Showing consensual or contradictory interactions
• Witness testimony: People who were present or know both parties
• Motive evidence: Showing why the alleged victim would fabricate allegations
• Prior false allegations: History of similar accusations

Lack of Evidence

The prosecution must prove guilt beyond a reasonable doubt. If their case relies solely on:

• Uncorroborated victim testimony (no injuries, no witnesses)
• Inconsistent statements
• Lack of physical evidence

You may have a strong defense for acquittal or dismissal.

Constitutional Violations

If law enforcement:

• Entered your home without a warrant or consent
• Conducted an illegal search
• Coerced your statements or confession

Evidence obtained in violation of your rights can be suppressed through strategic motion practice, weakening or destroying the prosecution's case.

Collateral Consequences of Convictions

Assault and domestic violence convictions carry long-term consequences:

Firearm Prohibitions

Federal law (18 U.S.C. § 922(g)(9)) prohibits anyone convicted of a "misdemeanor crime of domestic violence" from possessing firearms for life. Ohio law mirrors this.

This affects:

• Gun owners
• Hunters
• Law enforcement and military personnel
• Anyone who values Second Amendment rights

Learn more about Ohio weapons charges and firearm rights restoration.

Employment Consequences

Convictions can result in:

• Termination from current employment
• Inability to obtain professional licenses (healthcare, education, law enforcement)
• Disqualification from security clearances
• Background check failures

Housing and Custody Impact

Convictions affect:

• Rental applications (landlords can refuse based on criminal records)
• Child custody determinations (family courts take domestic violence seriously)
• Visitation rights (may be supervised or restricted)

Immigration Consequences

Domestic violence is an aggravated felony under federal immigration law. Convictions can result in:

• Deportation (even for legal permanent residents)
• Inadmissibility (inability to re-enter the U.S.)
• Denial of citizenship applications

Delaware and Franklin County Domestic Violence Prosecutions

Specialized Domestic Violence Units

Delaware County Prosecutor's Office and Franklin County Prosecutor's Office have specialized domestic violence units that:

• Prosecute aggressively even when victims don't want to cooperate
• Use "evidence-based prosecution" (photos, 911 calls, officer observations)
• Seek mandatory jail time and protection orders

Victim Advocates

Victim advocates work with alleged victims to encourage cooperation with prosecution and discourage recanting. They:

• Accompany victims to court
• Help obtain protection orders
• Provide resources and support

This makes domestic violence cases harder to resolve favorably, even when allegations are exaggerated or false.

Local Court Practices

Delaware Municipal Court and Franklin County Municipal Court handle misdemeanor domestic violence cases. Judges:

• Issue protection orders liberally
• Impose mandatory anger management and batterer intervention programs
• Take allegations seriously even when evidence is weak

What to Do If You're Charged

Immediate Steps

1. Do not contact the alleged victim for any reason (even to "explain yourself")
2. Do not discuss the case with friends, family, or on social media
3. Comply with all protection orders if one has been issued
4. Document everything: injuries you sustained, witnesses, communications with the alleged victim
5. Contact an attorney immediately

Building Your Defense

• Gather evidence: Text messages, social media posts, photos, videos, receipts
• Identify witnesses: Anyone who saw what happened or knows both parties
• Preserve electronic evidence: Phones, computers, security cameras
• Medical records: If you sustained injuries, document them

Do Not Accept Plea Deals Without Understanding Consequences

Prosecutors often pressure defendants into pleading guilty to "just a misdemeanor." But domestic violence misdemeanors carry:

• Lifetime firearm prohibitions
• Immigration consequences
• Employment and custody impacts

Never plead guilty without consulting an experienced attorney who understands the collateral consequences.

Why You Need an Experienced Assault and Domestic Violence Defense Attorney

Assault and domestic violence cases are:

• Emotionally charged and based on he-said/she-said testimony
• Aggressively prosecuted even when evidence is weak
• Laden with collateral consequences that destroy lives

At Mango Law, we've defended hundreds of assault and domestic violence cases in Delaware and Franklin County. We know:

• How to cross-examine alleged victims and expose inconsistencies
• How to challenge protection orders and minimize restrictions
• How to negotiate for reduced charges or dismissals
• How to protect your firearm rights, custody rights, and employment

If you're facing assault or domestic violence charges in Delaware or Franklin County, contact us immediately at (740) 602-2155 for a confidential case evaluation. Early intervention can make all the difference.

This article is for educational purposes and does not constitute legal advice. Ohio assault and domestic violence law is complex and fact-specific. Consult with a qualified Ohio attorney about your situation.