Domestic Violence and Stalking Defenses

Stalking is not a single act but a pattern of persistent, unwanted behaviors. The National Coalition Against Domestic Violence (NCADV) reports that one in six women and one in nineteen men have been stalked. While stalking is already deeply unsettling, it becomes even more dangerous when it involves a current or former partner in a violent relationship.

Understanding Domestic Violence in Ohio

In Ohio, the law addresses domestic violence, stalking, and assault separately, but the handling of a case changes if the victim and the accused share a “family or household member” relationship. This relationship is defined by the state as:

• Spouses, former spouses, or individuals living together as spouses.
• Parents, children, or other related individuals.
• Parents of the same child, regardless of marital status.

Under Ohio Revised Code Section 2919.25, domestic violence includes knowingly causing or attempting to cause physical harm, recklessly causing serious physical harm, or threatening the use of force that places a family or household member in fear of imminent serious physical harm. A knowledgeable Steubenville criminal lawyer can provide clarity on these complex definitions.

How to Know if You Are Being Stalked

According to Ohio law, stalking involves engaging in a pattern of conduct that knowingly causes another person to believe the offender will cause physical harm or mental distress. Section 2903.211 of the Ohio Revised Code specifies that this “pattern of conduct” means two or more actions or incidents closely related in time. Stalking is initially classified as a first-degree misdemeanor, but it can escalate to a felony under certain conditions, such as:

• The offender has a history of violence.
• The offender trespassed on the victim’s property.
• The victim is a minor.
• The offender has a previous stalking conviction.
• The offender used a deadly weapon.
• The victim has a protection order against the offender.

It is critical to understand that filing a false stalking report is a serious offense in Ohio, classified as making a false allegation under the law. Hence, before you take any step, make sure to seek proper guidance from a Steubenville criminal lawyer.

Stalking Behaviors, Penalties, and Defenses

Stalking Behaviors

Certain actions are commonly associated with stalking, including violating a protection order, repeated and unwanted communication, trespassing on the victim’s property, making threatening calls, tracking a victim’s vehicle, tampering with their home security, and continuous monitoring. If you are facing such allegations, a Steubenville DUI attorney with experience in criminal law can offer essential guidance.

Penalties for Stalking

In Ohio, the penalties for stalking are severe. A first-degree misdemeanor conviction can result in up to 180 days in jail and a fine of up to $1,000. If charged as a felony, the consequences can be much harsher, potentially leading to years of imprisonment and substantial fines, depending on the degree of the felony. A Steubenville criminal lawyer can explain the potential penalties you might face.

Potential Defenses for Stalking

When facing stalking charges, several defense strategies can be explored. Common arguments include:

• The prosecution has failed to prove the alleged offense beyond a reasonable doubt.
• The alleged victim has misidentified the accused, or there is a case of mistaken identity.
• The accusations are intentionally false or fabricated.

Our Recommendations

If you are involved in a legal situation related to stalking, it is vital to act with caution. I strongly advise you to avoid any contact with the alleged victim, even if you believe you are innocent. Let a qualified attorney manage your case with the necessary expertise. As your Steubenville DUI attorney, we are committed to protecting your rights and providing the robust legal support you require.

For immediate assistance, please call us today at 844.PITT.DUI. We are here to help you navigate this difficult time.