It was a question about those “living as spouses” in households. Did the State Constitution (Defense of Marriage Act) nullify the Domestic Abuse Law? The Court of Appeals (3rd Circuit) had voted 2-1 that the Domestic Abuse law was unconstitutional. Then Judge Cupp dissented from the ruling. This dissent turned out to be the correct ruling in the eyes of the Supreme Court of Ohio. Here is s summary .
The Ohio State Supreme Court has ruled that the state’s domestic violence statutes are not in violation of its Defense of Marriage Amendment. This decision comes as the result of the ruling in Ohio v Carswell. The Court’s decision “reinforces that all domestic violence victims are entitled to lifesaving resource and protections promised by the domestic violence law,” says the NNEDV.
Sue Else, president of the National Network to End Domestic Violence, says that the ruling is “a huge victory for domestic violence victims across the country.”
The question regarding Ohio v Carswell was whether or not the domestic violence statute of a family or household member was in violation of the Ohio Defense of Marriage Amendment. The Ohio Defense of Marriage Amendment states that the state of Ohio “shall not create or recognize a legal status for relationships of unmarried individuals.” The domestic violence statute included abusers “living as a spouse” as domestic violence offenders. Many thought that since the Defense of Marriage Amendment prevented the state from legally treating non-family members as family members then non-married couple could not legally be involved in domestic violence. The Court’s decision has ruled that this is not true and that these abusers can be charged as domestic violence offenders and prosecuted as such.
What puzzled me was why it was even an issue. Violence could be prosecuted regardless of marital status. Then I found out that the Domestic Violence Law escalates with each incident as to its severity… from a misdemeanor to a felony. So if you are a creep who likes to beat up your live in non-spouse… you will still be in trouble. Can you say… “whatcha gona do when they come for you?”
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What am I gonna do? I am the creep who beats up on his spouse – The only problem is, I happen to be male and thus in cases such as this (100% NOT GUILTY) have no protection or rights under the law.
This (for me) is unfortunate because as my spouse well knows (after falsly accusing me of DM two previous times) they need only call upon the sheriff, make the accusation and give false statements to the same and that I being ‘male’ will be dutifully wisked of to jail to face humiliation and incaceration.
So I ask, what are ya gonna do?
What are you going to do when the awfiul truth surfaces from the lies and deciet?
I don’t know, if even in the presence of facts to he contrary, if I will ever be ajuged ‘not guilty’ by reason of false testimoniy (of spouse) but I’m hopefull that one day, the difficult situation in which a person may find themselves, like me, falsely accused, lied upon and wrongfully incarcerated by charge of domestic violence
will one day be able to realize the same and equal treatment under the (law) without reguard to gender.
The changing of attiudes which allow those of the opposite sex, to level inaccurate, untruthful and outright lies which result in undeserved punishment for thier spouse and simply walk away with impunity must end.
It is my hope, that laws (and complete investigation of evidence of violation of those laws) will be changed or revised so that in time, I and any of my brothers who would find themselves in cimilar circumstance, can one day joyfully sing “bad girl, bad girl, what YOU gonna do when your lies catch YOU!”
Absolutely. I went to jail three times in Franklin County (FCCC, Columbus) under false allegations. The first time, I came home late from work one night (FedEx during Christmas season, very busy) and my would-be-ex-wife (can’t find her now, or my daughter), five months pregnant at the time, was waiting for me in the dark suspecting me of cheating for no good reason (FedEx does not allow their employees to have phones on the property so I couldn’t call her to let her know, but she should have known anyways given the nature of my work) and forgetting how much she has cheated on me before that (in very dispicable ways, too). We had a verbal argument for about a half hour before I decided to spend the night at my parents’ home. While I was grabbing clothes she would try to block dorrways and such, hitting me when I would squeeze by. The next day, I go back to find the apartment a wreck, I attempt to use the phone and she breaks the base, rendering it useless (later claiming I hit her with it). The only thing I EVER did wrong was try to physically remove her from the apartment, which I freely admitted in front of God and everybody that I was wrong. I left to speak to my father at FedEx where he also worked, came back to find police waiting for me. I simply got out of my car and waited for them. They stormed me, threw me against the car, basically treated me like a monster. Came to find out she had made small cuts on her hands and briused her own forehead (not a surprise since she is bipolar manic depressive-schizophrenic with homicidal/suicidal tendenceies and has a documented history of suicide attempts and self-mutilation, including scars from the latter) so my lawyer put the fear of God in me, especially after her dramatic crying in court, convincing me to take a plea of disorderly conduct with a year of probation rather than go to trial because it wouldn’t be a fair one. Before my first meeting with PO, my daughter was born, for which I was present. The next day, I go to see my PO and I am arrested because she made another false accusation, saying I threatened violence over the phone (no proof at all and at the behest of the social workers at FCCS) and I do a month in jail, during which time she makes a surprise visit with my newborn daughter, happily waving her little hand at me through plate glass “There’s daddy, there’s daddy” with her bemused friend behind her. After I get out, she leaves the state with my daughter, never letting me know where she is. After about a little less than two years, she wants to come back. Within two months, I find out more of how she has betrayed me and make a stink about it as well as her abuse of drugs in the presence of our daughter and she files even MORE false charges. I am arrested again later that night and spend the next few months stessed out in yet another drawn out court case, in which she never showed up. This time it WAS dismissed due to her being out of the state and lack of evidence (she simply stated that I threw coffee on her AND our 1.5 yr old daughter, no burns even on our daughter). They couldn’t even see that she just used jail and a stay away order to keep me away long enough for her to take what she could, give the key to the apartment to someone else so they could take the rest and vandalize it, and leave the state with all her new riches and her new boyfriend. I went to the apartment to get some of my belongings with a police escort, she was not there, and I found a teddy bear that I had won for my daughter in the living room with the throat and groin slashed open. The police just laughed at me when I showed them.
Point is (and not as well made as I would like, there are way to many details to type; I could write a novel) that Ohio’s Domestic Violence laws are way too biased towards women and they are very aware of their advantage. Most of the men in that jail, all three times I went, were in there for DV. Some admitted to it, most had stories similar to my own. My own lawyer, from the second trial, expressed her disgust (yes, a female lawyer) in how women were abusing the laws, especially since she, herself, was one of the many lawyers that fought to get women that protection (NOT AMMUNITION).
My claims were not investigated. They did not look into her history (mental or criminal) and neither did FCCS take me seriously. I had video evidence of my wife smoking marijuana and SNORTING pain pills but they refused to review them because she had charged me with DV, so they dismissed my claim against her because my daughter was clean and well-dressed (social worker’s words, not mine). FCCS also never contacted me during the first trial before my daughter was born and for no good reason declared me and absent/negligent parent.
These are GRIEVOUS injustices that I have had to face in Ohio. No other state I have been in with my wife (not even New York) were buying her stories. She has also evaded children services in New York and Tennessee. None of this matters. Ohio is it’s own little world. There needs to be some SERIOUS rethinking of Ohio’s DV laws. Until then, I won’t ever go back to Ohio. Not even to visit my parents. If I have to travel east, I will drive AROUND that hole in the middle of our country.
I can relate big time to Bryan Jacksons comment on Domestic Violence Laws in Ohio. I to as soon as i get the chance am leaving the State of Ohio (Cincinnati Area) because over the last 5 years i have grown to hate this area and the following remarks will explain why. OHIO SUCKS.
I am a hard working professional individual that has owned a successful advertising company until my wife ran half of my saleforce off (noone liked her) but now i work for one of the largest insurance companies in the U.S. and have risen to the top of my profession by accomplishing production goals in my company never ever reached in the Cincinnati Office i work at.
However, over the last 5 years i have been drag out of my home on 3 separate occassion for domestic violence accused by my wife falsely for not doing something she wanted me to do. I was found not guilty on all 3 of the offenses in court.
I have purchased more cigarettes over the last 5 years for this psychotic than i did when i smoked 13 years ago. She has RSD (Reflex Sympathetic Nerve Dystrophy), sees a psychiatrist for anxiety and chronic depression for her illness, has overdosed twice on medicine, has Copd and asthma (why is she smoking you got me), has history of mental hallucinations, has spent time in a drug rehab in Cleveland for heavy marijuana smoking (saying she needs to by doctors orders to help her RSD pain)although i have never seen proof of this ever by any doctor, has spent time in University of Cincinnati Mental Ward unit for trying to commit suicide and faked a nine month pregnancy on me (my family and her family were buying gifts for a child that don’t even exist) to get her to marry her (am i the idiot). I could go on and on but i will stop here because describing this insane troublemaker would take weeks to explain.
I personally don’t smoke , don’t do drugs and and have never been in any serious trouble with the law in the previous 39 years of my life until i met this psycho maniac. I lost my ex (not married yet) to a heart attack at age 38 and i guess i got lonely and married this idiot i am with at least for now (she has been told to find another place to stay by the courts). However, i would have rather been a hermit to have to go through another 5 years because it was suicide for me every day i was married to this woman and i still am but have recently filed for divorce (its pending and it could not get over quick enough).
My wife after the 3 dv’s ( i was found not guilty on every one of them and am getting them expunged this month may 08), decides to take me to civil court knowing shes drained my bank account with no money to get legal counsel unlike her who was able to get a free legal attorney. So in the court room without the correct witnesses (i would have subpoened the police officers of the previous DV’s if i knew how as they knew my wife was lieing and even told me that they could lose there badges if they did not take me just because of what my wife said i did (3rd DV). How crooked is that. I was not even home and could even verify my whereabouts with witnesses (clients homes i was servicing that night my wife pulled this bull) but was never given the chance to explain it to the police.
(My wife said i was going to blow her Mf brains out, with what my water pistol as i don’t own a gun nor have ever shot one and would have to practice first to even do what she said did, what a liar. I was working late and she got mad it is that simple)
My 3rd Dv i spent 10 days in jail and also had my parents of whom are on limited income pay a bail bondsman 1800.00 and he skipped with the money and did even get me out. SCREW OHIO because this little man with no money is going to go all the way to the supreme court to have this fricking law looked at because it has screwed my life up. I had a domestic violence TPO thrown against me for 5 years by my wife in civil court (she was allowed a lawyer) and i was not unless i paid for it.
Ask my DV lawyer and my divorce lawyer as they have all my money. I don’t make 2000 a week like most people. Give me a break. The court system is nothing but a bogus money racket as they can’t prove the law in OHIO they guess it. For example, how can i have DV filed against by a chronic drug addict (my wife) and a stepdaughter (who has mental retardation) accuse me of beating the crap out of my wife when there was no physical evidence ever. Even the police were on my side in criminal trials. It is BS.
i go to work everyday working my butt off (won numerous top agent of the month awards) but i have nothing over the last 5 years but a house with 3 refinances and a second mortgage on it and double house payment because of this financial disaster i married. I have got over 10,000 of legal fees and i have not been found guilty of any criminal offence ever. Medical bills and legal fees in the thousands and thousands of dollars and not one penny of it should have been responsible for. I filed for the divorce and it is currently pending.
One last thing my civil trial i lost says beware of me on my TPO because of firearms access. I have never owned a gun , registered a gun or even as much as shot a gun in my life. This OHIO court system is a joke. Goodbye OHIO unless i am in court fighting for the rights of other men that have been treated like animals because there are women out there that take advantage of the laws (s. My wife is one of them and her father of whom has parkinsons was a cheif of police in Oxford ohio for many years, and the only people that have guns is her family. Her own sister carries one around her ankle and even threatened to kill me one night as a joke. If that was me saying that i would be in state prison.
I would take 200,000 polygraphs to prove my innocense in that civil trial. Now i got to walk around with an eggshell for 5 years and probaly will see the inside of a cell again because my wife with her state of mind is capable now that i am divorcing her will probaly say anything she wants to get me in trouble even if its a lie.
I am suicidal now OHIO thankyou. Who would not be, knowing that if my wife don’t like the outcome of the divorce, and believe me she might not, considering i might bring forth my business computer i have that she threw down in my front room and destroyed over 8 years of my business operation that caused me to close my advertising company.
I hate OHIO with a passion. I am just another victim of this stupid system. Women have all the rights even if they are drug addicts and men have none it is that simple.
I have spoke my mind but i am definitely going farther than this. Someone needs to stand up and fight this garbage because it has to stop. I would be ashamed to wear a badge in this state because their is people like myself, no criminal record that has fed your system with tons of money for doing absolutely nothing just because someone said something about me (my wife and her little lies with no proof).
Everytime i see a shadow on my lawn (oh i did get awarded my house on the civil trial, i wonder why), i am calling the cops, everytime i see someone knock on my door i don’t like i am calling the cops, everytime i see someone i don’t like i am calling the cops. Ohio court system and my wife did it too me for 5 years and now it is my turn. I am scared to death to breathe. Again, thankyou OHIO.
I just wanted to say that as a female I am extremely disappointed in how the system works in Ohio. I do think that one should be protected from violence but it works both ways. I have read all of the comments from these men and I have a male friend going through the same problem. It is not right that a female can file false charges against a man because she knows she can get away with it. How can a man prove his innocence when the system automatically convicts due to the fact he is “male”. It is not right that women abuse the system just simply because they can. And yes I am a female agreeing with the male point of view. The reason is because how men are treated by the system and by women playing the system Disgusts me. Ohio law should be changed to be fair regardless of what sex you are and you should have to prove your case. A female should not be able to win just because of being female. Something needs changed Ohio because this is unjust.
I would first like to say that myself recently (today was our trial date), that Ohio laws and the justice system sucks. I was assulted by my boyfriend, while holding my son (11 months), he was hit in the leg in the cross fire, on upon which the state picked up the charges. i felt more like the victim of the court system not DV. Regardless i love my boyfriend and i had made the decision that with love, and counciling, we would continue to be a family again, he pled guilty to 1 count of DV, (charged with 2 DV and 2 Ass.). The Judge ordered a stay away from our son, until she sees fit to release it. Turning on me she said i should be glad it wasn’t from me too. I was so on my boyfriend’s side, this one action i know broke his heart. How do we put our family back together when the 1 part the took us from being a couple to a family is restricted?
Thank you Ohio!!!!!!!!!(note sarcasim)
Yall need to whoop them women’s asses!!! Maybe committing actual domestic violence on their lying asses will drive them lying spirits out of’em!!! Just a thought!
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Last year i was falsley accesed of dv, I found out my wife was cheating on me with a friend of mine.
When i tried to vacate our home because we have5 kids she hit me numerous times the only thing on my mind was to leave in which I did so without touching her but she hit me numerous times I never touched her . I went to my brothers house she called 911 and had my oldest son lie I found out 2 days later when children services knocked on the door of my residence and told me I had a warrant for domestic viloence I was arrested a d ay afterward. During my arraignment the magistrate even said ” no history of vilence no physical injurys not 1 mark and you have no record” so i was released on O R a couple of weeks later i went to the court hearing . I couldnt afford a lawyer and not knowing legal process was nervous the appointed me a vpublic defender that didnt care what happened to me or didnt even try to help me at all. The judge marked me as guilty on sight and the county prosecuter just wanted a conviction I had nmo choice but to plea bargain seeing that I had no money to fight with . This has destroyed my life and Im not the only 1 suffering from this experience my children are as well seeing that the restraining order placed against me keeps me from seeing them its hard to find gainfull employment because of the false charge she just used the system to cover up her cheating and to get a divorce at my emotional and financial expense this needs to change Ive never hit a woman and i miss my kids.
Im not gonna cry around about this shit. Just the facts. My girl is an addict. I raise hell about her dragging my kids from dope house to dope house. We got to arguing and I lost my cool and threw a remote through a window. I called her mother begging her to let my girl come stay w her for the night. I pay the fuckin bills, its my shit. The kids stay the bitch goes. If she was payin the bills i would gladly go. (she don’t work, she gives people rides, in my car, to go get dope and they break her off a buzz) Her mom calls the cops on me. I cant go home. I’m broke (attorneys ,double bills, etc) and cant see my kids. I’m fucked! Now her and her mom live at my house and sling dope out of it. I pay the bills. I feel like killin myself. Shes pregnant with my baby and is using heroin. There is nothing I can do but tough it out. Hope someone can take something away from this. Listen up fellas, you don’t need em, get your heads clear and get that money. Your gonna need it. Every thousand dollars you make you’ll forget her a lil more. Trust me!
I had a DV charge in 1994 over a arguement.Im still married to her we were just young and newly married and I cant own a gun because of this.I was in The Marine Corps.Now Im not allowed to hunt legally or defend my family and home with a gun.I wasnt convicted of a felony so why did I loose my rights and loosing gun rights was not part of my plea deal.Double jeapordy.I did what I agreed to and lost a right to bear arms that I didnt know about.The judge even made them give my guns back in a seperation case years after my conviction but now Im not aloowed to own or buy a gun.The reason communisim failed is because we have a better form of it.