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What would you do?


ninjachic

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I think I found your answer:

http://www.google.com/url?sa=t&rct=j&q=ohio%20domestic%20abuse%20laws&source=web&cd=2&ved=0CEAQFjAB&url=http%3A%2F%2Fwww.ohiolegalservices.org%2Fpublic%2Flegal_problem%2Fdomestic-violence%2Fdomestic-violence%2Fcriminal-domestic-violence%2Fqandact_view&ei=FuyyUNe3EYeH0QHCpYGIBA&usg=AFQjCNG8hQsdgbtd4QkOew6fPNX576or_Q

Can the police arrest both parties—the man and the woman—for domestic violence?

Yes, but Ohio law strongly discourages that practice.

Under Ohio’s preferred arrest law, in cases where law enforcement officers determine that both the man and the woman committed domestic violence, the officer should determine which party is the “primary physical aggressor.” RC 2935.03(B)(3)(b).

Law enforcement officers are not prohibited from arresting both persons who engage in domestic violence against each other, but in most cases the officer should only arrest the primary physical aggressor. In determining which person is the primary physical aggressor, the officer should consider the following factors:

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I think I found your answer:

That's not really the question (as I understood it... The question was "can someone be arrested for DV without a complaint from the victim?" Your quoted aswer was "cCan both people be arrested?")

Having said that, your original statement of "In Ohio I believe that neither party needs to file a complaint if there is visual evidence of abuse" appears to be true.

I am not a lawyer, but this guy is:

http://www.wolfslaw.com/criminal/Practice-dv-arrest.htm

What if I didn't want an arrest?

It matters not. Even if the alleged victim does not wish the aggressor to be arrested, the law requires it.

Edited by Scruit
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They arrest even if the victim will not press charges. I saw a guy beating his GF in his car at sheetz and called the sheriff and blocked his car in so he couldn't leave. The girl wouldn't talk until the day they went to court I walked in to meet with the prosecutor before the hearing and she spilled her guts. The prosecutor told me she said she was terrified of him and didn't want to talk unless she knew he was going to prison and she knew I saw it all and he was going away for a long time. Turned out he was on parole from WV and had 7 or 8 years left on DV sentence and might get more added for the violation. I testified they violated him and sent him back to WV the prosecutor said they might call me in to testify again when he was released from WV because he would face charges here once released but I haven't been called yet and I never did hear how much time if any was added to his sentence for the parole violation.

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