Domestic Violence Archives

Understanding An Automatic Restraining Order

When either spouse files for a divorce or legal separation in the Cuyahoga County Domestic Relations Court, there are a number of restraining orders that automatically apply to both spouses. For the spouse who files for a divorce or legal separation, the restraining orders apply from the moment he or she files the initial Complaint with the court. For the other spouse, they apply as soon as he or she accepts service of process.

Bill to Extend Protection Orders to Animals Signed into Ohio Law

Last year, we reported on Senate Bill 177, a proposed law that was designed to give judges the ability to extend protection orders to include domestic violence victims' pets. Then, earlier this year, we reported that Governor John Kasich signed the bill into law. This was an important step for victims of domestic violence and their animals - and one that now puts Ohio among the majority of states that recognize the need to provide legal protection for pets living under abusive conditions.

Proposed Law Would Shield Home Address of Domestic Violence Victims

An Ohio Senator recently introduced legislation in Ohio's General Assembly to expand the protections for victims of domestic violence. Senator Sandra Williams (D-Cleveland) has proposed a bill that would allow domestic violence victims to shield their home address from public records. This is the fourth time that a legislator has tried to introduce the proposed changes to the law. In 2010, a similar bill, which received support from then Secretary of State Jennifer Brunner, made it out of the Ohio House with unanimous support. The 2010 bill, however, did not make it out of the Senate. The two other bills never made it out of either the House or the Senate.

Do Mandatory Arrest Laws Hurt Domestic Violence Victims?

Twenty-two states throughout the United States have laws that require mandatory arrests when police officers respond to calls of domestic abuse. Ohio is one of these 22 states. Ohio law provides for a preferred arrest policy when there are "reasonable grounds" to believe domestic violence has occurred. When there is probable cause to arrest, however, Ohio requires mandatory arrest in a domestic violence situation.

Obtaining Protection Orders for Domestic Violence Incidents

In Ohio and throughout the United States, domestic violence is a serious problem that affects thousands of innocent household members, including spouses, parents, children, and siblings. To combat this problem and provide certain protections, Ohio (as every state does) allows domestic violence victims to obtain protection orders against abusers. It is important that domestic violence victims are familiar with their rights under the law and the process to obtain protection orders.

Domestic Violence Cases in Divorce Are Reportedly on The Rise

The American Academy of Matrimonial Lawyers, a group that represents leading practitioners in the field of matrimonial law, recently conducted a survey of its members concerning domestic violence trends. According to the survey, incidents of domestic violence during divorce proceedings have been on the rise over the past five years.

Ohio Passes Legislation To Include Pets In Protective Orders

Domestic violence is a serious problem throughout Ohio and the United States. Domestic violence is defined as "a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain power and control over another intimate partner." Domestic violence can take a variety of forms, including physical, sexual, emotional, economic, or psychological actions or threats of actions that influence another person.

Filing for Divorce in an Abusive Marriage

The presence of abuse in a marriage relationship can deter the abused spouse from filing for divorce. The abused spouse may be fearful of what the abusive spouse will do to him or her after the divorce papers are filed. Perhaps the abusive spouse controlled the couple's finances and the abused spouse is uncertain how he or she will provide for him- or herself. Where one spouse is abusive toward another, an attorney can secure certain protections for the abused spouse.

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