Ohio Victim's Rights

Under the Ohio Victim Rights Statute, victims of crimes in the State of Ohio have certain rights. If you, or your children, are the victim in any felony or assault, menacing, aggravated menacing, domestic violence or intimidating case, law enforcement must do certain things. They are as follows:

After the initial contact, law enforcement must give you, in writing:

• an explanation of your rights.
• information regarding medical, counseling, housing, emergency or other services.
• information about victim's compensation with the name, street address and phone number to call.
• information about protections available.

As soon as possible after the initial contact, law enforcement must give you:

• the business telephone number of the officer assigned to the case.
• the name, address and telephone number of the prosecutor on the case.
• a statement that if you are not notified that the offender has been arrested, you have the right to call for information.

Within a reasonable amount of time after an arrest, law enforcement must give you information about the following:

• that the arrest was made.
• whether the defendant is eligible for pre-trial release.
• the telephone number of the law enforcement agency which is responsible for investigating the crime.
• your right to call to check on whether the defendant has been released from custody.

You also have the right to confer with the prosecutor, to the extent practical, prior to any pre-trial diversion, an amendment or dismissal of the charge, an agreement to a negotiated plea (sometimes called a plea bargain), or before the trial.

Other rights you have include knowing:

• the type of charge
• the case number
• procedural steps
• what procedures to follow if you are intimidated
• the name of a contact person for the case
• your right to have a representative or advocate
• that if any threats or violence or intimidation has occurred, you have the right to not have your phone number or address disclosed
• request notices of any court proceedings, acquittals or changes, appeals or information regarding incarceration, early release, or furlough of the offender.
• minimal unwanted contact with the defendant in court
• to be present at any stage of the proceedings where the defendant is present and to be accompanied by a support person
• make a statement about the impact of the crime

CRIME OF DOMESTIC VIOLENCE

When you or one of your children has been the victim of a crime such as DOMESTIC VIOLENCE or MENACING BY STALKING, it is appropriate for the criminal justice system to take action to hold the abuser responsible for committing the crime and help in your protection. This is the process for the criminal prosecution of abusers.

Under Ohio law, it is the preferred course of action for the police to make an arrest of the primary physical aggressor in a domestic violence incident when they have reasonable grounds to believe the crime was committed.

Three types of DOMESTIC VIOLENCE charges may be filed: knowingly causing or attempting to cause physical harm to a family or household member; recklessly causing serious physical harm to a family or household member; or threatening, by use of force, to cause imminent physical harm to a family or household member. "Family or household members" includes: A spouse, an ex-spouse, a parent or child, a stepparent or step-child, other persons related to the abuser or to the spouse, or ex-spouse of the abuser who reside in the home or have resided in the home of the abuser, boyfriends, girlfriends, or their children who are living together or had lived together in the past year (including same-sex couples), or those who have a child in common even when they have never lived together.

The law says the police shall consider the following, in addition to any other relevant circumstances, in determining who is the primary physical aggressor when it appears that violence may have been committed by more than one person in a domestic violence incident:

1. Any history of domestic violence or of any other violent acts by either person involved in the alleged offense that the officer can reasonable ascertain;
2. Whether the alleged violence was caused by a person acting in self-defense;
3. Each person's fear of physical harm, if any, resulting from the other person' threatened use of force against any person or resulting from the other person's use or history of the use of force against any person, and the reasonableness of that fear;
4. The comparative severity of any injuries suffered by the persons involve in the alleged offense.

POLICE INVESTIGATION

It is the job of the police to investigate a crime and to collect evidence when a crime has been committed. They will write a report detailing what happened. They may take photos of any visible injuries. They may also photograph the "crime scene" if it would serve as evidence. They may take with them certain things such as a piece of clothing; a weapon or object used as a weapon, or a letter help show what happened. They may also take statements from you and any other witnesses.

You can also help with this evidence collection. You can let the police know if there are any injuries they are unaware you have and ask them to take photos of any the injuries. Sometimes injuries, like bruises, are more noticeable a day or so later and you could contact the police or go to the station for follow-up photos.

If the injuries are in private places, the police can arrange for a person of the same gender to take the photo for your comfort. It is also beneficial to get medical treatment. Some injuries are not apparent such as concussions or injuries to the eyes but still need medical attention. It can also be helpful to have a medical report. If there were witnesses who the police did not talk to, you could provide the officer with their names and how they can be contacted.

FILING CRIMINAL CHARGES

Either you or the police may sign a complaint against your abuser from an incident of domestic violence or another crime. This may be signed at the scene or at the police station in the city or municipality where the event occurred. However, some jurisdictions may require you to appear at the prosecutor's office after making a police report, in order to file the formal charge or request the temporary protection order (T.P.O.).

Other criminal actions against perpetrations may include prosecution for violating a protection order, assault, aggravated assault, felonious assault, menacing by stalking, and aggravated criminal trespass.

A crime is generally categorized as either a misdemeanor or a felony. A domestic violence or menacing by stalking case is usually charged as a misdemeanor unless the abuser has a previous conviction or a weapon or serious injury was involved.

Misdemeanor Charges

When a charge is a misdemeanor, it will be handled in the municipal court, which serves that city where the crime occurred. Because each city and court works differently, you will want to know the specific information about the court for your community. A misdemeanor case travels through the criminal justice system.

Felony Charges

A case that involves one or more felonies usually begins in the local municipal court. Once a preliminary hearing and/or by the grand jury determines that there is enough evidence to precede with the charge(s) the case will be handled in the court of common pleas for the county.

TEMPORARY PROTECTION ORDER (T.P.O.)

Upon the filing of criminal domestic violence charges, assault, aggravated assault, felonious assault, menacing by stalking or aggravated trespass by a family or household member, you or the arresting officer may file a motion requesting the court to issue a temporary protection order (T.P.O.) as a pretrial condition of the release of the alleged abuser. When granted, the pretrial protection order will contain terms designed to ensure the safety and protection of you and your children, such as refraining your abuser from entering your residence, school, business or place of employment or that of your children. The criminal order is effective only while criminal charges are pending. You may be able to sign this motion at the police department or may need to go to the prosecutor's office or clerk's office to sign.

CRIMINAL PROCEDURE

After the formal charge is issued, either based on your signature or that of the police or prosecutor, you may need to appear in court a number of times. The following are the types of hearings that occur in criminal cases. Hearing the motion for a T.P.O., setting the bond, and arraigning the defendant on the charges can be done in separate hearings or can all be done at one time, depending on the court and the circumstances of the case. Preliminary and grand jury hearings are only held in felony cases. In a felony, there are often two arraignments; one in the municipal court and one in the court of common pleas.

T.P.O. HEARING

The court will hold a hearing within 24 hours of the filling of a motion for a temporary protection order to determine if one should be granted. The motion for the T.P.O. may be signed and filed with the court as soon as possible, even when the abuser has not yet been arrested. If this is the case, there may be an ex-parte hearing (without your abuser present). The defendant (person charged) does have the right to be there for the hearing, so another one may be held once the arrest has occurred. If you signed the motion for the protection order, you must be present at the hearing in order for the court to grant the motion. Only when the victim is unable to appear due to injuries from the assault may someone else, with knowledge of the facts and circumstances, appear on the victims behalf. If the officer signed the motion for the protection order, he or she will need to be present. The judge will need to hear some evidence that violence or the threat of violence may have happened and that there is fear of possible harm if the order is not granted. You may want to share any special concerns or conditions that need to be addressed in the order.

BOND HEARING

A bond is designed to ensure that the defendant returns to court to face the charges and does not violate the law if released from jail while the case is pending. Courts will often establish a bond schedule for misdemeanor crimes, which lists the amount of the bond someone must post for each type of crime before being released from police custody. Some courts have set a bond schedule in domestic violence and related cases and some wait until the defendant comes to court to set it. If you are present for the bond hearing, you can share with the judge, the prosecutor and/or advocate in court with you any concerns that need to be taken into consideration when the bond is set or reviewed for a possible reduction. If there have been any problems since the defendant's arrest, this is a good time to make the court, prosecutor, and/or the advocate aware of them.

ARRAIGNMENT

When a defendant is charged criminally, that person has the right to be formally notified of the charges and their rights in court. The court will conduct the arraignment, or the formal notification of the charge(s) and have the defendant enter a plea. When this is not done at the same time as the T.P.O. hearing, you generally do not need to attend the arraignment hearing unless subpoenaed, though you may want to and you have the right.

Contact a WomenSafe Court Advocate at 440-286-7154 x226.