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State of Ohio.. Charge of Domestic Violence. Victim claims…

State of Ohio.. Charge of...
State of Ohio.. Charge of Domestic Violence. Victim claims she, her husband, the defendant and the defendant's boyfriend had a verbal confrontation where defendant called her names and made threats of harm. Victim never claimed that defendant physically touched her. The entire incident lasted less than 2 minutes.
Would the victim, being an aunt by blood, meet criteria to warrant a DV charge. The defendant has never lived in the same residence with the victim, nor does she have a close relationship with the victim. But she is her biological maternal aunt.
Attached is a letter written by the victim. It was given to the defendant to submit to her divorce lawyer. Can this letter be used as evidence in the DV case? The defendant denies apologizing to the victim. Defendant has been court ordered to have no contact with the victim and she has abided by that order.
The boyfriend of the defendant was charged with menacing. They both refused the plea agreement and asked for a trial.
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Answered in 3 hours by:
10/18/2017
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
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Customer reply replied 8 months ago
1. Can a motion to dismiss be filed due to "victim" not meeting the criteria of a Domestic Violence victim? The victim is the maternal aunt of the defendant, however they do not and have not ever resided together.
2. Can the attached letter be submitted as evidence in favor of the defendant?Parties involved. 1. Defendant 2. Defendant's boyfriend (charged with menacing) 3. victim (defendants aunt)

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

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Your Questions:

1. Can a motion to dismiss be filed due to "victim" not meeting the criteria of a Domestic Violence victim? The victim is the maternal aunt of the defendant, however they do not and have not ever resided together.

Response 1: Yes.

2. Can the attached letter be submitted as evidence in favor of the defendant?

Response 2: Yes. Also, since the letter is not typed and it is in the alleged victim's handwriting, which offers a level authenticity to the letter.Parties involved. 1. Defendant 2. Defendant's boyfriend (charged with menacing) 3. victim (defendants aunt)

Goodluck with your case,

A positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 21,982
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Phillips Esq.
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