The Sheriff’s Office handles complaints of Domestic Violence under the authority and laws of the State of Ohio.
The following codes deal with domestic violence:
Ohio Revised Code (ORC) Sections 2919.26 and 3113.31 govern the enforcement of protection orders.
ORC Section 2919.25 mandates domestic violence as an offense.
ORC Section 3113.32 directs that the Sheriff’s Office shall keep a separate record of all domestic violence calls.
So what is Domestic Violence according to the ORC?
Defined by ORC Section 3113.31(A) as the occurrence of one (1) or more of the following acts against a family or household member:
- attempting to cause or recklessly causing bodily injury
- placing another by threat of force in fear of imminent serious physical harm or committing a violation of Section 2903.211 or 2911.21 of the Revised Code
- committing any act with respect to a child that would result in the child being an abused child, as defined in Section 2151.031 of the Revised Code
Who is considered Family or Household Member?
Defined by ORC Section 3113.33(B) includes persons who:
A. are married
B. were formerly married
C. are related by blood
D. are related by marriage
E. have lived together within one (1) year prior to the date of the incident
F. have a child together
How do deputies determine who the Primary Aggressor is?
Persons who are acting in an “offensive” rather than defensive mode or is in violation of any protection order or consent agreement. Factors that may be considered when determining the primary physical aggressor include:
- any history of domestic violence or any other violent acts by either person involved in the alleged offense that the deputy can reasonably ascertain
- was the alleged violence caused by a person acting in self-defense
- each person’s fear of physical harm, if any, resulting from the other person’s use or history of the use of force against any person, and the reasonableness of that fear
- the comparative severity of any injuries suffered by the persons involved in the alleged offense