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Domestic Relations Resource Guide - Section II: Domestic Violence

A. Domestic Abuse

Domestic abuse constitutes any incidents or pattern of behavior directed towards a current or former intimate partner that results in physical, emotional, or psychological harm, sexual or reproductive coercion, economic control, and/or coercive interference with personal liberty. This is a broader concept than domestic violence.

Domestic abuse is repeated and patterned behavior to control aspects of the other person's life that can occur through manipulation, fear, bullying, coercive tactics, physical abuse, and sexual abuse. [See Power and Control Wheel]

Domestic violence can occur in multiple forms – physical, emotional, economic, stalking and harassment, and sexual – against a family or household member. Within the context of domestic relations, it is governed by R.C. Chapter 3113. Domestic violence also includes instances where the respondent has created a substantial risk to the health and safety of the child when a duty of care owed. [R.C. 3113.31(A)(1)(a)(iii); R.C. 2151.031(B); R.C. 2919.22(A)]

  1. Specific Forms of Domestic Abuse2
    Physical Violence: Harm to physical safety

    • Pushing, kicking, strangling, stabbing

    • Holding down, pinning, tying up, preventing escape

    • Withholding food, medicine, shelter, sleep

    Emotional Abuse: Harm to emotional safety, security, or well-being

    • Putdowns, name calling, yelling

    • Playing mind games

    • Displaying weapons

    • Obsessive jealousy, creating chaos, interrupting routine

    • Threats to kill, harm, take children, ruin reputation

    • Tampering with utilities

    • Abusing pets

    Isolation

    • Preventing partner from seeing family and friends

    • Controlling what partner does or who partner talks to

    • Disabling vehicles

    Intimidation (Blackmail)

    • Facial expressions, actions, gestures

    • Destroying property

    • Abusing pets

    • Displaying weapons

    Coercive Control: A knowing and harmful course of conduct that makes a person dependent or subordinate by isolating them from sources of support and depriving them of the means necessary for independence, resistance, and escape.

    • Undermining/ruining relationships, invading privacy, ruining relationships

    • Regulating, monitoring

    • Hacking into email, phone records, medical records

    • Threatening to leave, hurt self, or hurt partner

    • Coercing partner into doing things they do not want to do

    • Stalking, stealing, sabotaging, restraining, threatening

    • Threatening to ruin reputation

    Economic Abuse: Harm to financial security, stability, standing, or self-sufficiency

    • Controlling all the money, giving an allowance

    • Destroying credit, sabotaging finances

    • Accumulating debt, taking out loans

    • Preventing victim from working

    Using Children

    • Threatening to take children away

    • Emotionally abusive in front of the children

    • Teaching children not to respect person

    Minimizing, Denying, and Blaming

    • Not taking abuse seriously

    • Blaming abusive behavior on victim

    • Telling the victim everything is their fault (gaslighting)

    Spiritual/Cultural/Ethical Abuse: Harm to cultural, religious, or deeply held beliefs

    Using Privilege

    • Treating like a servant

    • Making all big decisions

    • Having different rules for the victim than the partner has for themselves

    Sexual Coercion: Unwanted sexual activity that occurs without consent

    • Use of force, threats, deception

    • Exploitation, trafficking

    • Interference with birth control, reproductive care

    • Forced prostitution, pornography, illegal drug use

    Abuse of Process: Using the court as a harassment tool

    • Continuing to file frivolous motions

  2. Criminal Domestic Violence
    Domestic abuse may or may not rise to the level of criminal domestic violence. Even when it does not constitute a crime, domestic abuse is relevant to many domestic relations issues (e.g., allocation of parental rights and responsibilities, division of property, appointment of guardians ad litem, appropriateness of mediation or other dispute resolution processes, and structuring court appearances to promote safety).

    Crimes that may constitute domestic abuse when committed against a family or household member:

    • Criminal mischief

    • Disorderly conduct

    • Burglary

    • Caretaker abuse

    • Forgery

    • Identity theft

    • Trespassing

    • Stalking

  3. Three Main Contexts of Domestic Abuse

    1. Coercive Controlling Abuse

      • Harmful course of conduct involving multiple tactics, rooted in a deep sense of entitlement

      • Coercion and threats

      • Minimization, denial, blaming, and gaslighting

      • Intimidation

      • Isolation

      • Using children as pawns

      • Privilege (gender, race, class)

      • Economic abuse

      • Emotional abuse

      • Physical and/or sexual violence or threats

    2. Violent Resistance of Victim

      • Violence used to stop coercive controlling abuse

      • Reaction to coercive controlling abuse

    3. Abuse Unrelated to Coercive Control

      • No power and control tactics being exercised

      • May be related to other issues (e.g., mental health problems, alcohol or substance abuse, poor conflict management skills, situational stress)

  4. Remedies to Address Domestic Abuse

    • Civil Protection Order in Domestic Relations Court [R.C. 3113.31]

    • Domestic Violence Temporary Protection Order [R.C. 2919.26]

    • Criminal Protection Order [R.C. 2903.213]

    • Civil Stalking or Sexually Oriented Offense Protection Order [R.C. 2903.214]

    • Juvenile Civil Protection Order [R.C. 2151.34]

    • Dating Violence Protection Order [R.C. 3113.31]

    • No contact order

      • May be criminally enforceable

      • Distinguishable from protection orders

      • May be issued as a pretrial condition of release or as a condition of probation in criminal cases

    • Legal name change in probate court

    • New Social Security Numbers

    • Criminal victims' compensation

    • Safe houses or victim shelter

    • Ohio Secretary of State Safe at Home address confidentiality program

  5. Allocation of Parental Rights and Responsibilities
    Proceedings in which parental rights and responsibilities may be allocated are divorce, dissolution, legal separation, annulment, paternity, and post-decree modifications of parental rights and responsibilities following a change of circumstances of the residential parent, the child, or, in the instance of a shared parenting order, of either parent. [R.C. 3109.04(E)]

    Best interest of the child is the standard used to determine the allocation of parental rights and responsibilities. These factors are prescribed in R.C. 3109.04(F). Domestic violence or domestic abuse in the home may affect how each of the factors is considered.

Best Interest Factors [R.C. 3109.04(F)(1)]

  • The wishes of the child's parents regarding the child's care;

  • The wishes and concerns of the child, if an in camera interview is conducted;

  • The child's interaction and interrelationship with the child's parents, siblings, and any other person who may significantly affect the child's best interest;

  • The child's adjustment to the child's home, school, and community;

  • The mental and physical health of all persons involved;

  • The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;

  • Parents’ compliance with child support orders;

  • Whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child; whether either parent, in a case in which a child has been adjudicated an abused child or a neglected child, previously has been determined to be the perpetrator of the abusive or neglectful act that is the basis of an adjudication; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to a violation of section 2919.25 of the Revised Code or a sexually oriented offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding; whether either parent or any member of the household of either parent previously has been convicted of or pleaded guilty to any offense involving a victim who at the time of the commission of the offense was a member of the family or household that is the subject of the current proceeding and caused physical harm to the victim in the commission of the offense; and whether there is reason to believe that either parent has acted in a manner resulting in a child being an abused child or a neglected child;

  • Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent's right to parenting time in accordance with an order of the court;

  • Whether either parent has established a residence, or is planning to establish a residence, outside this state.

R.C. 3109.04(F)(2) also sets forth additional factors to consider when determining whether shared parenting is in the best interest of the child:

  • Ability of the parents to cooperate and to make decisions jointly, with respect to the children.

  • Ability of each parent to encourage the sharing of love, affection, and contact between the child and the other parent.

  • Any history of, or potential for, child abuse, spouse abuse, other domestic violence, or parental kidnapping by either parent.

  • Geographic proximity of the parents to each other, as the proximity relates to the practical consideration of shared parenting.

  • Recommendations of the guardian ad litem of the child, if the child has a guardian ad litem.

  1. Relevance of Domestic Abuse to Domestic Relations Proceedings

    • Safety and well-being of children and the other parent

    • Parenting beliefs and practices

    • Communication; power and control

  2. Obstacles to Obtaining a Full and Complete Understanding

    • Role of the judge and the limitations of formal fact finding

    • Knowledge and experience of domestic relations professionals

    • Inconsistent messaging from the domestic relations court system

    • Safety concerns and other disincentives to disclose domestic abuse

    PRACTICE TIP:

    R.C. 3109.04(F)(2) does not define the terms spousal abuse or domestic violence.  None of the offenses listed in R.C. 3109.04(F)(1) refer back to the criminal code.  Each case is different, therefore the manner in which abused parents manage the abuse is different. 

    Courts should be mindful that parents who have been victims of domestic abuse may seek to allocate decision-making authority over and access to the children in unorthodox manners to protect themselves and their children from further abuse.  Courts should consider how domestic abuse informs each of the best interest factors.

    Additional Resources

2Domestic Abuse Intervention Project, Power and Control Wheel

Domestic Relations Resource Guide

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