2919.25 Domestic Violence

A domestic violence charge in Ohio is complex and very serious. If you're convicted, there may be a term of imprisonment, mandatory fines, and the loss of many other rights.

 

Our goal from the start is to get the charges dismissed. If you are facing a domestic violence charge, we need to immediately get to work on your behalf. 

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POTENTIAL PENALTIES OF A DOMESTIC VIOLENCE CONVICTION:

 

 

 

 

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QUICK READ: 

What the state must show to convict a boyfriend or girlfriend of domestic violence: 

1. Present cohabitation between the offender and victim OR

2. cohabitation with the offender within five years prior to the date of the alleged commission of the act in question. Cohabitation is established when the victim and offender: 

   1. share familial or financial responsibilities and 

   2. have consortium.  

3. Alternatively, where the state shows that the defendant and the victim lived together as boyfriend and girlfriend, the prosecution is not required to establish the sharing of family or financial responsibilities and consortium to prove cohabitation.

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IN DEPTH ANALYSIS:

Ohio Revised Code §2919.25(A) Domestic Violence

2919.25(A) provides that “no person shall knowingly cause or attempt to cause physical harm to a family or household member.”

 

2919.25(B) provides that “no person shall recklessly cause serious physical harm to a family or household member.”

 

2919.25(C) provides that “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.”

 

QUESTION: WHAT IS A FAMILY OR HOUSEHOLD MEMBER?

The central focus of the domestic violence statute is physical harm to a “family or household member,” which is defined as a spouse, a person living as a spouse, or a former spouse of the offender who is residing or has resided with the offender. R.C.2919.25 (F)(1)(a). 

 

The statute also includes parents or children of the spouse or offender, persons related by consanguinity or affinity to the offender, and natural parent relationships. See R.C.2919.25 (F)(1)(a)(ii)-(iii) and (b). 

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QUESTION: WHAT IF WE WERE NEVER MARRIED? 

If the parties were never married the court looks to whether the person was a  “person living as a spouse” which is defined as  “a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within five years prior to the date of the alleged commission of the act in question.” R.C. 2919.25(F)(2).

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QUESTION: WHAT IF WE NEVER LIVED TOGETHER? 

When a person is not living or has not lived with the offender in a common law marital relationship, the central element is cohabitation, and the state must show either: 

(i) Present cohabitation between the offender and victim or

(ii) Cohabitation with the offender within five years prior to the date of the alleged commission of the act in question. R.C. 2919.25(F)(2).

(iii) Alternatively, where the state shows that the defendant and the victim lived together as boyfriend and girlfriend, the prosecution is not required to establish the sharing of family or financial responsibilities and consortium in order to prove cohabitation. State v. McGlothan. 

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QUESTION: WHAT IS COHABITATION?

The Ohio Supreme Court defined the essential elements of cohabitation as (1) sharing of familial or financial responsibilities and (2) consortium. State v Williams.

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QUESTION: WHAT IS THE SHARING OF FAMILIAL OR FINANCIAL RESPONSIBILITIES? 

Possible factors establishing shared familial or financial responsibilities might include provisions for: 

1. shelter,

2. food,

3. clothing,

4. utilities, and/or

5. commingled assets. 

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In many cases where a couple was found to have been cohabiting, the couple either: 

1. commingled their assets or both partners contributed to paying for things such as housing, food, and utilities. State v. Brown. 

 

However, many courts have found shared familial or financial responsibilities in circumstances where: 

1. one partner was entirely responsible for supporting the other or where financial assistance flowed solely from one partner to the other without reciprocation. State v. Pash, State v. Edwards, State v. Boldin. 

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QUESTION: WHAT IS CONSORTIUM? 

Factors that might establish consortium include mutual respect, fidelity, affection, society, cooperation, solace, comfort, aid of each other, friendship, and conjugal relations.

 

Courts have found that testimony that the victim and offender:

1. Were in a sexual relationship,

2. Shared a child together, and

3. liked, respected, and would help each other with their problems

was sufficient to establish consortium. State v. Brown.

 

Moreover, a long relationship,  engaging in sexual relations, and even considering the prospect of marriage is all considered in establishing consortium. State v Edwards.  

 

In a boyfriend and girlfriend situation it is seemingly easy to establish consortium with most courts giving increased weight to a sexual relationship.

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QUESTION: WHAT IF WE DID LIVE TOGETHER? 

Where the offender and victim presently live together as boyfriend and girlfriend the state need not how a sharing or familial or financial responsibilities or consortium.

 

The Court in State v. McGlothan clarified its holding in Williams, concluding that where the State demonstrated the defendant was the victim's boyfriend and they had lived together for about a year, the State had no obligation to demonstrate the sharing of familial or financial responsibilities and consortium to prove cohabitation.