U3-T3 Domestic Violence

Question 1

Elements of the offense that constitutes domestic violence in Ohio

Answer 1

• Knowingly cars or attempt to cause physical harm to a family or household member
• Recklessly cause serious physical harm to a family or household member
• By threat of force, knowingly causing a family or household member to believe that the offender will cause physical harm to the family or household member

Question 2

Four categories of persons who fall within the meaning of family or household member

Answer 2

• Any of the following who is residing or has resided with the offender
  
  • A spouse, a person living as a spouse, or former spouse of the offender
  • A parent, foster parent, or a child of the offender, or another person related by blood, or marriage to the offender
  • A parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by blood or marriage to a spouse, person living as a spouse, or former spouse of the offender
• The natural parenting any child of who the offender is the other natural parent or is the punitive other natural parent.

Question 3

Four elements which should be used to determine the primary physical aggressor in a domestic violence incident

Answer 3

1. any history of domestic violence or other violent acts by a person involved in the alleged offense that the officer reasonably ascertain
2. Whether the alleged violence was caused by a person acting in self-defense
3. Each person is fear of physical harm if any resulting from the other persons threatened use of force against any person or resulting from the other person to use or history of the use of force against any person and the reasonableness of that fear
4. The comparative severity of any injuries suffered by the persons involved in the alleged offense