Domestic Violence Under the Ohio Revised Code (ORC): Charges and Penalties

Ohio domestic violence law, codified at Ohio Revised Code 2919.25, makes it a crime to cause physical harm, recklessly injure, or threaten force against a family member, household member, or dating partner.¹ A first offense is a misdemeanor, but prior convictions push the charge up to a felony, and as of March 2025 the most serious repeat offense carries up to five years in prison. The same statutory scheme gives victims access to civil and temporary protection orders that a court can issue the same day a petition is filed.

What the Law Covers

The statute reaches three types of conduct. The first is intentionally causing or attempting to cause physical harm. The second is recklessly causing serious physical harm. The third is using threats of force to make a household member believe you will physically hurt them.¹ No blow has to land. A credible threat alone can support a charge.

The relationships covered are broad. Spouses and former spouses, parents and children, people who share a child, and anyone living in the same household all fall within the statute. Dating partners are covered too, so the law reaches well beyond married couples and blood relatives.

Prosecutors can pursue a case even when the alleged victim does not want to cooperate. They build these cases from 911 recordings, medical records, photographs, and witness statements. The reason is practical: abusers often pressure victims into recanting, and tying every case to the victim’s willingness to testify would hand offenders an easy exit.

Penalties by Offense Level

The penalty depends on the specific conduct, the defendant’s prior record, and whether the victim was pregnant. The structure escalates sharply with each prior offense.

First offense involving physical harm or reckless injury. A first-degree misdemeanor carrying up to 180 days in jail and a fine of up to $1,000.¹
First offense involving threats only. A fourth-degree misdemeanor, with up to 30 days in jail.
One prior domestic violence or related conviction. Physical harm or reckless injury becomes a fourth-degree felony, punishable by 6 to 18 months in prison and fines up to $5,000.²
Two or more prior convictions. A third-degree felony. As of March 2025, House Bill 111 raised the sentencing range from 12 to 60 months in prison, with fines up to $10,000, and created a presumption of prison rather than community control.³
Offender knew the victim was pregnant. Even without a prior record, this elevates a physical harm or reckless injury charge to a fifth-degree felony with a mandatory prison term.¹

Courts can also order participation in a batterer intervention program as part of sentencing, and many cases resolve through plea agreements that combine a reduced charge with program completion and compliance with a protection order. Judges are not required to accept plea deals and sometimes reject agreements they consider too lenient when injuries are documented.

What Happens After an Arrest

Ohio law lets a police officer make a warrantless arrest on probable cause that domestic violence has occurred.⁴ The officer does not need to have witnessed the incident. Injuries, property damage, the demeanor of each party, and statements from neighbors or other witnesses are all weighed at the scene.

Ohio follows a preferred-arrest policy, meaning officers are encouraged to arrest the suspected offender rather than simply separating the parties. When both people appear injured, officers try to identify the primary aggressor by weighing the severity of each person’s injuries, any history of domestic violence calls at the address, and whether one person’s actions were defensive. That analysis is meant to keep the actual victim from being arrested on retaliatory claims.

After arrest, the accused does not simply post bail and walk out. A judge or magistrate must review the case before release to assess the risk of further violence.⁵ That usually means staying in custody until a court appearance within one business day. The court can then impose conditions such as a no-contact order or GPS monitoring as a condition of release. At the initial appearance, misdemeanor defendants may be asked to enter a plea; felony defendants are not called upon to plead until a later arraignment on the indictment.⁶

Protection Orders Available to Victims

Ohio recognizes two main protection orders, each tied to a different track.

Civil Protection Orders

A Civil Protection Order is filed independently of any criminal case. You do not need to press charges or have anyone arrested to get one. The petition goes to the Domestic Relations division of the Common Pleas Court, or the Juvenile division if the respondent is under 18. The court can issue an ex parte order the same day you file if it finds immediate danger.⁷ A CPO can last up to five years and may be renewed.⁸ There is no filing fee for a domestic violence CPO.

Judges have wide latitude in what a CPO can require. Common provisions order the respondent to stay away from the petitioner’s home, workplace, and the children’s school. A CPO can grant temporary custody, order spousal or child support, and require the respondent to surrender firearms. It can also remove the respondent from a shared residence even when that person’s name is on the lease or deed. A full hearing follows the ex parte order within 7 court days if the respondent was ordered to vacate a residence, or within 10 court days otherwise. The standard at the full hearing is a preponderance of the evidence.

Temporary Protection Orders

A Temporary Protection Order is tied to a criminal case. When someone is arrested or charged with domestic violence, the court can issue a TPO under ORC 2919.26 to keep the accused away from the alleged victim while the case is pending.⁹ A TPO expires when the criminal case ends, so victims who need longer-term protection should also pursue a CPO.

Both order types are enforceable across state lines. Federal law requires every state and territory to honor a valid protection order from another jurisdiction, provided the issuing court had proper authority and the respondent received notice and an opportunity to be heard.¹⁰ An Ohio order remains binding if you move or if the respondent follows you to another state.

Violating an Order

Violating any protection order in Ohio is a first-degree misdemeanor, with up to 180 days in jail and a $1,000 fine. Prior violations push the charge to a fifth-degree felony, and violating an order while committing another felony is a third-degree felony.¹¹ Even seemingly minor contact, a text message or appearing at a gas station the protected person frequents, can trigger an arrest.

Firearm Loss After a Conviction

A domestic violence conviction brings firearm prohibitions at both the federal and state level, and this consequence catches people off guard more than almost any other.

Federal law permanently bans anyone convicted of a misdemeanor crime of domestic violence from possessing, purchasing, or receiving any firearm or ammunition, with violation carrying up to 15 years in prison as a separate felony.¹² A narrow exception exists for convictions based solely on a dating relationship: if the person has only one such conviction and five years pass without further offenses, the federal ban may lift. That exception does not apply to convictions involving spouses, co-parents, or household members, where the ban is permanent.¹³

At the state level, a felony offense of violence, which includes felony domestic violence, triggers Ohio’s weapons-under-disability statute. Possessing a firearm while under that disability is itself a third-degree felony.¹⁴ Ohio judges also have authority to order firearm surrender as part of a protection order, before any criminal conviction occurs.¹⁵

Other Lasting Consequences

Sentencing is only part of the picture. A conviction creates a permanent criminal record that reaches into custody, immigration, employment, and housing.

Child Custody and Visitation

Ohio courts must consider domestic violence in custody and visitation decisions. Under ORC 3109.04, the court evaluates whether either parent has been convicted of or pleaded guilty to domestic violence, and whether a parent or household member has been the subject of a protection order.¹⁶ A conviction does not automatically terminate parental rights, but it heavily tilts the analysis. Visitation can be restricted to supervised settings or denied overnight entirely when the court determines the child would be at risk.

Immigration

For non-citizens, a domestic violence conviction creates severe immigration exposure. Federal law makes any non-citizen convicted of a crime of domestic violence deportable, and violating a protection order can independently trigger removal proceedings.¹⁷ A conviction can also block naturalization because applicants must demonstrate good moral character. Non-citizen victims should know that federal law includes waivers for people who were battered or subjected to extreme cruelty and were not the primary aggressor.

Employment

Many Ohio employers run background checks, and some fields treat a domestic violence conviction as disqualifying. State-regulated positions in healthcare, education, residential care, and law enforcement require criminal records checks under ORC 109.572, and a domestic violence conviction triggers a seven-year exclusion period for residential facility employment.¹⁸ Beyond regulated industries, any employer running a standard check will see the conviction.

Housing

Victims in federally subsidized housing, including public housing and Section 8 vouchers, are protected under the Violence Against Women Act. A victim cannot be evicted or denied assistance because of domestic violence committed against them, even if the violence led to criminal activity or lease violations at the property.¹⁹ Victims can also request an emergency transfer to a different unit, and housing providers must keep the new location confidential from the abuser. When the abuser is the leaseholder, the provider can bifurcate the lease to remove the abuser while allowing the victim and other household members to stay, with at least 90 days to establish their own eligibility or find alternative housing.

Victim Rights and Compensation

Ohio’s constitution, amended by Marsy’s Law in 2017, gives crime victims enforceable rights. These include reasonable notice of court proceedings, the right to be present and heard at those proceedings, the right to be informed when the offender is released, the right to offer input on plea negotiations, and the right to restitution for economic losses caused by the crime.²⁰ If a prosecutor’s office fails to notify you of a hearing, you have grounds to assert these rights through the court.

Ohio also operates a victim compensation fund through the Attorney General’s office. Domestic violence victims can receive up to $50,000 for medical and dental care, mental health counseling (including for immediate family members), lost wages, crime scene cleanup, and replacement of items taken as evidence or damaged during medical treatment.²¹ The fund does not cover pain and suffering or stolen property, and it acts as a last resort after insurance and other sources. Applications can be filed online or by mail through the Attorney General’s Crime Victim Services Section in Columbus.

1
Ohio Legislative Service Commission. Ohio Revised Code 2919.25 – Domestic Violence
2
Ohio Legislative Service Commission. Ohio Revised Code 2929.18 – Financial Sanctions, Felony
3
Ohio Legislature. House Bill 111 – 135th General Assembly
4
Ohio Legislative Service Commission. Ohio Revised Code 2935.03 – Arrest
5
Ohio Legislative Service Commission. Ohio Revised Code 2919.251 – Bail in Certain Domestic Violence Cases
6
Supreme Court of Ohio. Ohio Rules of Criminal Procedure – Rule 5
7
Supreme Court of Ohio. Domestic Relations Resource Guide – Domestic Violence and Protection Orders
8
Supreme Court of Ohio. Protection Orders Overview Card
9
Ohio Legislative Service Commission. Ohio Revised Code 2919.26 – Temporary Protection Orders
10
Office of the Law Revision Counsel. 18 U.S. Code 2265 – Full Faith and Credit Given to Protection Orders
11
Ohio Legislative Service Commission. Ohio Revised Code 2919.27 – Violating a Protection Order
12
Office of the Law Revision Counsel. 18 U.S. Code 922 – Unlawful Acts
13
Bureau of Alcohol, Tobacco, Firearms and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
14
Ohio Legislative Service Commission. Ohio Revised Code 2923.13 – Having Weapons While Under Disability
15
Supreme Court of Ohio. Domestic Violence Firearms Prohibition
16
Ohio Legislative Service Commission. Ohio Revised Code 3109.04 – Best Interest of the Child
17
Office of the Law Revision Counsel. 8 U.S.C. 1227 – Deportable Aliens
18
Cornell Law School. Ohio Admin. Code 5122-30-31 – Background Investigations for Employment
19
eCFR. 24 CFR 5.2005 – VAWA Protections
20
Supreme Court of Ohio. Marsy’s Law and Crime Victim Rights
21
Ohio Attorney General. Apply for Victims Compensation