Strangulation is a common form of domestic violence (DV) that is now considered a felony in Ohio, meaning the consequences are more severe. Many victims may seek a protective order against their abusers. Raising strangulation to a felony could impact how strangulation and other forms of DV are treated in the courts and in issues of protective orders.

It is important to always follow protective orders to minimize penalties. Having domestic violence charges or violating protective orders can affect many parts of your life, including custody/visitation, shared pets or property, employment, housing, etc. and can lead to significant fines and jail time. 

What Is a Protective Order? 

A protective order is an official document from a judge prohibiting someone from harming, threatening, or contacting the victim. They may also have other requirements such as counseling or electronic monitoring. 

Protection orders last up to 5 years and emergency protection orders can begin immediately if needed. 

Protective Order vs. Restraining Order 

A protective order is separate from other legal cases, while a restraining order is part of another legal case such as divorce. 

Violating a restraining order is not a crime, but violating a protective order is a crime that can result in jail time and other penalties. 

What Is a Domestic Violence Protective Order (DVPO)? 

In 2022, Ohio domestic relations courts received 24,876 requests for domestic violence and dating violence protection orders. 

Domestic Violence Protection Orders (DVPO) are specifically meant to protect victims of domestic violence, and they may include children or other household members as well. 

Under Ohio law, violating a protective order is a first-degree misdemeanor with a 6 month maximum jail sentence and a fine up to $1,000. If you have previously violated protection orders, it may escalate to a fifth-degree felony with 6-12 months jail time and a fine up to $2,500. 

Now that strangulation is a felony in Ohio, it could affect a judge’s ruling on other matters of domestic violence such as protective orders. Consult an experienced attorney to determine your best defense.

Are you or someone you know facing criminal charges? 

If you are facing criminal charges, you need to speak with an experienced criminal defense attorney as soon as possible. The Law Offices of Steven R. Adams is recognized by Super Lawyers, Best Lawyers, The Best Lawyers in America, National Trial Lawyers Top 100, and is one of U.S. News' Best Law Firms.  Please contact us online or call our Cincinnati office directly at 513-929-9333 to schedule your free consultation. 

Tad Brittingham
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Criminal defense attorney Tad Brittingham is dedicated to serving his clients throughout the Cincinnati area
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