Compassionate Legal Representation in Domestic Violence Cases
How working with a skilled Ohio domestic violence attorney can help you overcome abuse or false allegations of abuse
Domestic violence affects millions of individuals every year. Although each situation is unique, the core dynamics of abusive relationships tend to be very similar to each other. Abuse is cyclical, involving a period where the abuser expresses deep remorse directly after an incident, followed by a period where tensions begin to build again before leading to another incident.
As a long-time survivor of domestic violence herself, attorney Jennifer Nielsen has the experience and knowledge to assist those who are affected by abuse or allegations of abuse.
What is considered Domestic Violence
Domestic abuse is a repetitive, harmful behavior that seeks to control and overpower one partner by the other. This type of abuse can take various forms and can happen to anyone, regardless of career, age, gender, race, or faith.
In Ohio, there are different forms of domestic violence recognized by law, including physical, sexual, psychological, economic or financial abuse, stalking, and even threats of violence. While these are all legal grounds for divorce, they may also be indications of more severe violence in the future. At Nielsen Miller Law, we are dedicated to helping you plan to safeguard yourself, your children, and other family members from harm, abuse, and manipulation.
To be charged with domestic violence, an individual must have committed one or more of the following acts:
- Intentionally or knowingly causing physical harm to a family or household member
- Recklessly causing significant physical harm to a family or household member
- Using force or threats to make a family or household member believe that they are in immediate danger of physical harm.
Ohio has civil and criminal laws that protect victims of domestic violence. As an established local law firm in Columbus, we are ready to help you take every possible legal and practical step to ensure your safety from domestic violence and mitigate any adverse reaction you may experience when seeking help.
Are You a Victim of Domestic Violence?
If you are a victim of domestic violence, Jennifer Nielsen can provide you with caring, compassionate support. Getting out of an abusive relationship is much more than just “leaving” – something that Attorney Nielsen knows first hand as a survivor of violence. She understands why victims stay in abusive relationships, what happens when they try to leave, and why it takes, on average, seven tries to leave a violent relationship before the victim is successful. She can help you obtain a civil protection order that may give you exclusive use of your residence, temporary child custody and temporary support. A civil protection order can help you regain your life without having to hide or move from your home. Although taking a stand for your own safety and the safety of your children can be a challenge, Attorney Nielsen is able to provide you with friendly support and zealous legal representation throughout the process.
It is important to contact us at the earliest possible moment once you have decided to leave – there are so many important plans to be made that can seriously affect your safety and the strength of your legal case.
Nielsen Miller Law can help you obtain a civil protection order that may give you exclusive use of your residence, temporary child custody, and sometimes, temporary support. A civil protection order can help you regain your life without having to hide or move from your home. Although taking a stand for your own safety and the safety of your children can be a challenge, the team at Nielsen Miller Law is able to provide you with friendly support, a wealth of experience, and zealous legal representation throughout the process.
How to Obtain an Order of Protection
Protection orders are legal mandates that prescribe specific actions to be taken or avoided by an individual, with legal penalties for non-compliance. In cases of domestic violence, there are two types of protection orders that victims can seek:
- Civil Protection Orders (CPOs) and
- Criminal or Temporary Protection Orders (TPOs), or both, depending on the circumstances.
CPOs are designed to prevent further incidents of domestic violence and are issued by a Domestic Relations Court. They can include provisions for temporary child custody or support for the victim and may require the abuser to attend counseling.
It is recommended to seek a CPO even if a temporary protection order has already been issued, as a CPO may have a longer duration. Additionally, a CPO can be obtained without having to initiate divorce proceedings. In urgent situations where there is an immediate risk of harm, a judge may grant an emergency CPO.
TPOs, on the other hand, are associated with criminal cases of domestic violence and serve to prohibit the abuser from committing further acts of violence. However, the scope of relief granted by a TPO is narrower than that of a CPO, and its validity period may be shorter.
Unlike a CPO, a TPO cannot address issues related to child or spousal support, allocation of personal property, child custody or visitation, or the need for the abuser to undergo counseling.
Given the complexity and sensitivity of domestic violence cases, it is important to have experienced and compassionate attorneys who can provide effective legal representation and support. At Nielsen Miller Law, we are dedicated to helping you and your family stay safe from domestic violence and navigate the legal system with competence and empathy.
How Domestic Violence Impacts a Child Custody Case
In the state of Ohio, child custody refers to the legal rights and responsibilities of a parent or parents to care for their child or children through a custody order granted by a court. Legal custody pertains to a parent’s ability to make legal decisions about their child’s welfare, while physical custody involves the physical care and supervision of the child.
Instances of domestic violence can significantly impact child custody and visitation arrangements. Judges always prioritize the best interests of the child and may revoke a parent’s custody or visitation rights if the child’s safety is compromised. Repeated incidents of abuse, particularly towards a child, may lead a judge to limit legal and physical custody.
In cases where a spouse or child has been granted protective orders against an abusive partner or parent, the court will uphold the restraining order. A protective order is one of the few circumstances where a judge may, at least temporarily, severely restrict the abuser’s parenting time. In the absence of a restraining order but with a proven history of abuse, a judge may also mandate supervised visitation.
If a parent wishes to modify their child custody or visitation agreement, they can file a petition to request a modification. Ohio courts may grant a new order if it better serves the child’s best interests or if there has been a significant change in circumstances.
Are You Being Wrongfully Accused of Domestic Violence?
Nielsen Miller Law does not represent those who have actually perpetrated domestic violence. However, in some cases, allegations of domestic violence are unfounded and are brought forward in an attempt by the accuser to obtain control over some aspect of the relationship. In a divorce case, an individual may claim that their spouse was abusive towards them in order to gain exclusive use of marital property.
In child custody cases, one parent may accuse the other parent of domestic violence in order to try to manipulate the court into awarding them full custody of the children. In any case, false allegations of domestic violence can significantly damage a person’s reputation, career and relationships. Attorney Nielsen represents individuals who have been wrongfully accused of domestic violence and will passionately fight for the truth to be revealed.
Contact Nielsen Miller Law Today
If you are a victim of domestic violence, or have been wrongfully accused of domestic violence, contact Jennifer Nielsen as soon as possible. Her personal experience, resources and years of expertise in domestic violence intervention can help you get the positive resolution you need.
Call today for a 30-minute consultation to discuss your case in depth.
