Is Domestic Violence a Felony in Ohio? What You Need to Know

Domestic violence charges carry serious legal consequences in Ohio, and understanding whether the offense is classified as a felony is critical.

At SS+D Law, we provide top-tier legal representation to protect your rights and explain the nuances of Ohio’s domestic violence laws.

What Qualifies as Domestic Violence in Ohio?

Ohio Revised Code 2919.25 defines domestic violence as the following:

“No person shall knowingly cause or attempt to cause physical harm to a family or household member.

No person shall recklessly cause serious physical harm to a family or household member.

No person, by threat of force, shall knowingly cause a family or household member to believe that the offender will cause imminent physical harm to the family or household member.

Whoever violates this section is guilty of domestic violence…”

When is Domestic Violence a Felony in Ohio?

Domestic violence in Ohio can be charged as either a misdemeanor or a felony, depending on the circumstances. Here’s what determines the severity of the charge:

Prior Convictions

If the accused has one or more prior domestic violence convictions, even if the conviction is not for domestic violence but is a substantially similar law and involves a family or household member, the charge may be elevated to a felony.

If you have been convicted of domestic violence or a similar offense, a second offense can result in being charged with a fourth-degree felony.

A third or subsequent offense can escalate to a third-degree felony.

Injuries to the Victim

Cases involving serious physical harm are more likely to be charged as felony offenses, regardless of prior convictions.

A felonious assault charge may accompany domestic violence in severe injury cases.

Victim’s Status

If the alleged victim is pregnant, a first offense may be charged as a felony of the fifth degree, especially if harm to the unborn child is alleged and the defendant was aware of the pregnancy.

This charge carries a mandatory prison term to be imposed. 

Protection Order Violations

Violating a protection order while committing domestic violence is considered an aggravating factor, often leading to felony charges.

Use of a Weapon

The use of a weapon during an alleged domestic violence incident typically elevates the offense to a felony.

Potential Penalties for Felony Domestic Violence Convictions in Ohio

Ohio law imposes strict penalties for felony domestic violence convictions, including:

• Third-Degree Felony: 6 to 36 months in prison and up to $10,000 in fines.
• Fourth-Degree Felony: 6 to 18 months in prison and up to $5,000 in fines.
• Fifth-Degree Felony: 6 to 12 months in prison and up to $2,500 in fines.

Additional consequences of a domestic violence conviction include:

• Loss of firearm rights
• Difficulty securing employment or housing
• Damaged personal and professional relationships
• Loss of professional licenses
• Loss of certain employment

Misdemeanor Domestic Violence vs. Felony Domestic Violence Charges

In less severe cases—such as those involving minor injuries, first-time offenders, or threats without physical harm—domestic violence may be charged as a misdemeanor. Penalties for misdemeanor convictions, while still serious, are less severe than those for felonies.

Why You Need an Experienced Ohio Domestic Violence Lawyer

Being charged with domestic violence doesn’t mean you’re guilty. At SS+D Law, we explore every avenue of defense, such as:

• Challenging Evidence: Was the evidence collected lawfully? Are there inconsistencies in the alleged victim’s statements?
• Self-Defense: Were you acting to protect yourself or another person?
• False Allegations: Domestic violence accusations can stem from misunderstandings or even malicious intent.

A domestic violence conviction can impact your life for years to come. The attorneys at SS+D Law have the expertise and dedication to build a strong defense and protect your future.

Facing Domestic Violence Charges in Ohio? Contact SS+D Law to Talk to a Criminal Defense Attorney

If you’re facing domestic violence charges in Ohio, don’t wait. Contact SS+D Law for a confidential consultation. Our team is committed to providing the aggressive representation you need to achieve the best possible outcome.

Additional Resources

• What to Do If You’ve Been Falsely Accused of Sexual Assault in Ohio
• Dayton Criminal Defense Lawyers
• Family Law
• Divorce Attorneys in Dayton, Ohio