“Family crimes” are crimes that are believed to have been perpetrated by individuals against members of their own family or against families they do not belong to. This, of course, includes domestic violence, but Ohio statutes also outline a number of other offenses that fall into this category. Due to the intimate nature of many of these crimes, they are taken very seriously by prosecutors and can result in significant ramifications for the accused.
That is why it is so important to retain knowledgeable and proven counsel if you find yourself charged with one of these offenses. at Patituce & Associates, our team consists of not one, but three former prosecutors that know how the state handles these cases and what can be done to protect the rights and interests of our clients. Our team is ready to hear your story, outline your legal options and, if necessary, aggressively seek to resolve this matter as swiftly and favorably as possible. Call Toledo family crime attorney at (419) 597-5849 today.
What Are “Family Crimes” in Ohio?
Ohio statutes describe a number of different offenses that are considered “family crimes.” These offenses vary in severity, but all can come with serious fines and jail or prison time if a guilty verdict is reached.
Abortion Manslaughter (O.R.C. 2919.13)
Abortion manslaughter can be charged against any individual who purposely kills a fetus that has been removed from a woman’s fetus. This is considered a first-degree felony and can result in up to 11 years in prison. Abortion is a contentious issue, but doctors in Ohio who provide abortion services deserve protection against prosecutors who seek to charge them for alleged crimes connected to their practice.
Abortion Trafficking (O.R.C. 2919.14)
Abortion providers are required to follow an increasing number of regulations and restrictions, including how to dispose of any resulting fetal tissue from abortion procedures. Abortion trafficking can be charged if it is found that the facility is selling fetal tissue or experimenting with it. This is considered a first-degree misdemeanor that can result in up to six months in jail.
Bigamy (O.R.C. 2919.01)
Bigamy can be charged when it is found that an individual is married to more than one other person, regardless of where the individual may have been married. It is considered a first-degree misdemeanor and can result in up to six months in jail. Bigamy charges can sometimes occur when a person doesn’t realize an older marriage is still legally valid. If you’ve been charged, call our firm today to start exploring your defense options.
Endangering Children (O.R.C. 2919.22)
Endangering children charges can be charged when there is suspected child abuse or torture or when it is believed that the accused was drunk driving in a vehicle with minors present. The severity of these charges depends on the circumstances of the offense. For example, if a child wasn’t injured in a DUI incident, the driver can be accused of a first-degree misdemeanor. However, if a child is injured, the driver can be charged with a fifth or fourth-degree felony.
Contributing to Unruliness or Delinquency of a Child (O.R.C. 2919.24)
Parents are the legal guardians of their children, which means that, if the child breaks the law, they can be held at least partially responsible. This includes resisting authority or skipping school (school attendance is required by law). If the state believes that the parent is contributing to or allowing this behavior, the parent can be charged under O.R.C. 2919.24. Each instance of delinquency can be charged as a separate offense under this statute, which means that the potential penalties can quickly accumulate.
Interfering with Action to Issue / Modify Support (O.R.C. 2919.231)
The state of Ohio wants to ensure that all individuals have access to the courts in order to seek legal remedies. This includes parents (or alleged parents) who must petition the court to modify an existing family law order, such as custody or support. Interfering with an action to issue or modify support can be charged when one individual threatens or harasses their co-parent (or alleged co-parent) in order to discourage them from taking legal action. This is considered a first-degree misdemeanor, but if the accused has been convicted of this offense in the past, they may be charged with a fifth-degree felony.
Interference with Custody (O.R.C. 2919.23)
Interference with custody is commonly charged when non-custodial parents fail to return their child to the custodial parent, but there other instances where parents and other adults can be accused of this crime, as well. Removing a minor from a mental health facility or a juvenile detention center, for instance, can qualify as interference with custody. The severity of these charges varies with the circumstances of the alleged offense. Failing to return a child to a custodial parent, for instance, is a first-degree misdemeanor (which can result in six months in jail). This charge becomes significantly more serious if the child is taken out of state, or becomes injured. Contact our firm for more details.
Misrepresentation Relating to Provision of Child Care (O.R.C. 2919.224)
Childcare facilities, such as daycares, need to adhere to a number of different regulations to ensure the well-being of the children and families they serve. When one of these facilities misrepresents facts about itself in order to conduct business, then it can be charged with misrepresentation relating to the provision of child care. This is a first-degree misdemeanor that can result in a six-month jail sentence and fines.
Motion for & Hearing on Protection Order (O.R.C. 2919.26)
When there is an accusation of domestic violence or another threat to the safety of a household, a protective order (commonly known as a restraining order) may be issued to protect the potential victims as they wait for the criminal matter to be resolved. The protective order and the subsequent hearings are separate matters from the domestic violence charges. At Patituce & Associates, our Toledo criminal defense lawyers are ready to handle your protective order matter in tandem with the domestic violence accusations against you. Call our team today to learn more about legal options.
Parental Education Neglect (O.R.C. 2919.222)
Parents of children who are commonly absent from school may be ordered to attend parental education classes. These classes are mandatory and if the parent fails to attend, they can be charged with parental education neglect. This is a fourth-degree misdemeanor that can result in 30 days in jail and a fine.
Partial Birth Feticide (O.R.C. 2919.151)
“Partial birth abortion” is a certain type of abortion that has been criminalized in Ohio. However, in some circumstances, doctors who perform abortions and even emergency room physicians may have to consider this option when the pregnancy threatens the life of the mother. While performing this procedure is considered a second-degree felony, medical professionals should not be harassed by prosecutors when forced to make urgent decisions to protect their patients.
Protection Order Issued by Court of Another State (O.R.C. 2919.272)
Protection orders that are issued in other states can be transferred to the Ohio courts when subject individuals move here to our state. This is an administrative process and costs are handed down to the subject of the restraining order. Our firm can help you parse any complications arising from this process and ensure that you are in compliance with your transferred protective order.
Terminating Human Pregnancy After Viability (O.R.C. 2919.17)
Ohio prohibits the abortion procedure on fetuses that have matured up to and past the 24-week gestational period. These procedures can be charged as a fourth-degree felony and result in up to 18 months in prison. A guilty verdict also means that the state medical board will revoke the medical license of the convicted.
Unlawful Abortion (O.R.C. 2919.12)
Unlawful abortion can be charged when an abortion is performed without the patient’s consent. In the case that the woman is underage or unemancipated, the parents of the woman must also grant consent. This can be charged as a first-degree misdemeanor, but subsequent convictions can lead to harsher penalties.
Unlawful Abortion Upon Minor (O.R.C. 2919.121)
When a minor seeks an abortion in Ohio, several different conditions need to be satisfied for it to be legally performed. These can include parental notification and proof that the minor is emancipated and can provide written consent herself. Unlawful abortion upon a minor can be charged as a first-degree misdemeanor or fourth-degree felony if the accused has been convicted of the same offense in the past.
Violating Protection Order (O.R.C. 2919.27)
Protection orders (or restraining orders) are issued by the court when they believe the subject poses a harm to their own household (or other current or romantic partners and their loved ones). If you are subject of one of these orders, your contact with the petitioner(s) will be prohibited. Violating these orders is taken seriously by the courts and will result in further legal complications for the accused. A violation can be charged as a first-degree misdemeanor, but repeat offenses can become more serious.
Evaluation of Mental Condition of Defendant (O.R.C. 2919.271)
In some cases, a psychological evaluation of a criminal defendant may be necessary before proceeding with their trial. The cost of this evaluation must be paid by the defendant and the procedure itself often requires the cooperation of the defendant’s family and loved ones. These evaluations are common in cases where protection orders have been violated. Our firm can help defendants and their loved ones navigate these matters and ensure that the rights and interests of the accused are well-represented throughout their case.
If you or a loved one have been charged with any of the above offenses, then the time to speak with proven counsel is now. Call our firm today to request a free, confidential phone consultation.
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Patituce & Associates, LLC – Toledo Office
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Toledo, OH 43604
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