The police aggressively pursue Domestic Violence charges even when there is no physical evidence that a crime of Domestic Violence occurred. All the police need to make an arrest is an oral statement of a family or household member or alleged victim. No visible injuries are required.
Many Ohio police departments have interpreted the Domestic Violence law to mean that they must arrest and charge someone any time they are called out to a domestic dispute, even if the person calling the police was a neighbor or a non-involved party.
Once you are arrested or charged with Domestic Violence, the victim no longer controls the decisions in the case. Prosecuting Attorneys have that authority. Domestic Violence prosecutors in Portage County and Summit County routinely pursue charges regardless of the wishes of the complaining witness or victim.
Often prosecuting attorneys will threaten Domestic Violence victims with prosecution if they do not testify. When all or part of the victim’s statement is false, the victim may be able to invoke their Right Not to Testify under the Fifth Amendment of the United States Constitution to avoid being charged with falsification or perjury.
This occurs when a prosecutor subpoenas a “victim” into court in an attempt to force them to testify in conformity with what is in the police report.
If you have been served with a court order forbidding you to contact the alleged victim in a Domestic Violence case, it is imperative that you strictly obey the terms of that protection order.
This means no contact of any sort, including telephone calls, text messages, emails, online posts, letters, cards, etc.
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