In the state of Ohio, domestic violence allegations are taken with serious precautions when it comes to who is going to have custody of the child. The main goal is to serve the best interests of the child, which includes ensuring their safety and emotional well-being. Having nearly 20 years of experience in Lake County, Axelrod & Hellier can help clients present evidence properly, advocate for safe custody arrangements, and protect parental rights during emotionally charged custody disputes.
Understanding Custody Laws in Ohio
In Ohio, child custody is divided into two categories:
- Legal Custody: The right to decide on the care and guidance of a child, including healthcare, education, and religion.
- Physical Custody: Determines where the child will live and how much time they spend with each parent, day to day.
Courts will evaluate both types of custody based on what is in the best interest of the child — a standard that includes factors like safety, stability, and the child’s emotional, mental, and physical health
What qualifies as domestic violence?
In the state of Ohio, domestic violence includes abusive, threatening, or violent behavior committed against a family or household member
- Attempting or causing physical harm to a family member or someone in the household
- Threatening with violence in a way that makes the victim feel they are about to be harmed, even if they haven’t been physically hurt.
- Contacting another person in ways that make them feel scared or threatened
- Committing a sexually oriented offense against a household or family member
How do domestic violence allegations affect custody decisions?
When it comes to decision-making against domestic violence, the court’s main objective is whatever is the best interests of the child. In situations where domestic violence allegations are involved, this principle becomes even more critical. Ohio courts take these claims very seriously, and such allegations can significantly influence the outcome of a custody case.
Protection orders and temporary custody
In Ohio, when domestic violence or threats arise within a family, courts will offer legal remedies to protect the victims, such as Civil Protection Orders (CPO) and temporary custody arrangements. At Axelrod & Hellier, we help individuals understand and navigate these complex legal tools to ensure their rights and their children’s safety are protected.
What is a civil protection order?
A civil protection order is a court order that can be issued when someone alleges abuse, threats, or harassment from a current or former family or household member. CPOS do more than prevent contact; they also:
- Remove the accused from the household
- Prohibit all communication
- Award temporary custody of children
- Set temporary visitation schedules
These orders are enforced by law and carry serious consequences if violated, including criminal charges.
Impact on custody and parenting time
When domestic violence emerges, it deeply influences how custody and parenting time are allocated. At Axelrod & Hellier, our attorneys emphasize that Ohio courts will always prioritize the child’s safety and best interests when determining who gets physical or legal custody, and how much parenting time the non‑custodial parent may receive.
Why choose Axelrod and Hellier?
Our firm helps hundreds of parents involved in domestic violence cases.
We provide:
- Skilled courtroom representation
- Strategic guidance for both victims and the wrongly accused
- Compassionate and confidential legal counsel
- Over 20 years of experience
Contact Axelrod and Hellier
If you or someone you know is going through a case of domestic violence, don’t go through it by yourself. Axelrod and Hellier are here to provide the legal support you need and are looking for.
Call us today for a consultation