Page 8 - MarchApril25 Report

On October 17, 2024, the Board of County Commissioners declared October Domestic Violence Awareness Month in
Hamilton County. Judge Flottman, her staff, and designated domestic violence team magistrates attended the meeting.
By Magistrate Tiffany Evans
A Path to Safety:
Hamilton County Unites to Help Families Experiencing Domestic Violence
Cultural awareness about the prevalence and indiscrim-
ination of domestic violence has grown dynamically in
recent decades. France’s Gisèle Pelicot’s case reminds us
that domestic violence sometimes manifests in unusual forms and
hides in plain sight. The legal arena’s appreciation for the gravity
of the issue and the importance of treating such cases with a
nuanced and comprehensive approach is likewise improving.
In addition to exercising jurisdiction over divorce, dissolu-
tion, parental rights and responsibilities, and support matters,
Hamilton County Domestic Relations Court (DR Court) has
jurisdiction to decide certain domestic violence matters. Last year,
42% of our cases constituted Petitions for Domestic Violence (or
Dating Violence) Civil Protection Orders, which primarily involve
violence between family or household members or individuals in
dating relationships. The violence takes various forms, including
physical harm, threatening physical harm, and child abuse.
Domestic violence also manifests in ways that have historically
been often dismissed, such as causing mental distress through
stalking and harassment, coercive control, and endangering a
child’s health or welfare by exposure to violence in the home.
The process of filing for protection is intended to provide
immediate, usually same-day, relief. A person seeking protec-
tion, called a “Petitioner,” files a “Petition for Domestic Violence
(or Dating Violence) Civil Protection Order” for themselves and/
or on behalf of other family or household members, against their
alleged abuser, called the “Respondent.” Within 24 hours, the
Petitioner’s case is heard in an ex parte hearing. At this point,
the Respondent has not been served — the petition has just been
filed hours or minutes ago — and the only evidence before the
8 THE REPORT | March/April 2025 | CincyBar.org
Court is that which is provided by the Petitioner. If the Court
determines during the hearing that the Petitioner and the other
household members are in “immediate and present danger,” an
ex parte temporary order of protection is granted. Whether the
Court grants an ex parte order or not, they set a “full” (i.e. final)
hearing in approximately 7-10 days. Law enforcement then begins
trying to locate and serve Respondent. At the full hearing, both
parties appear and present their evidence, and the Court deter-
mines whether to grant a final protection order for a period of up
to five years.
The legal definition of domestic violence is found in O.R.C.
3113.31. Unfortunately, our litigants usually do not have the
benefit of legal counsel and have likely never laid eyes on the
Ohio Revised Code. They may have no idea what to expect when
they walk through our doors. For victims whose abuser tracks or
controls every movement, just physically making it to the court-
house to file a petition may be a feat. If the victim has been living
in the cycle of abuse for some time, they could have low self-es-
teem and may be confused about the chronology, frequency,
and/or specificity of events. They may even suffer from undiag-
nosed brain injuries due to repeated beatings, complicating their
ability to recall events. The New York Times reported domestic
violence victims’ brain injuries are often as or more severe as those
of football players and soldiers and can cause chronic traumatic
encephalopathy. The injuries are also more common. “Every year,
hundreds of concussions occur in the N.F.L.; thousands occur
in the military. [The] estimated number of annual brain injuries
among survivors of domestic abuse: 1.6 million.” 1