Skip to main content

Can a Domestic Violence conviction be overturned?

Dayton, OH |
Filed under: Domestic violence

My husband was convicted of a domestic violence charge 5 years ago. He and I had an argument, both of us under the influence of alcohol. When I threatened divorce, he said he would file for custody of the kids, which made me irate. After leaving the house, I called the local PD and asked if I could come in to make a statement, just to have on file, in case of a custody battle. I stated that I did not want to press any charges, just wanted a piece of paper. The PD promised they would not make an arrest. After I answered their questions and made the statement, they told me they had to make the arrest because it was a state law. He was convicted of DV 2919.25. Can this be overturned or changed to a lesser charge 5 years later? We have found that it can not be expunged.

Attorney Answers 1

Posted

If it can not be expunged there is likely nothing to do. The appeal clock has expired, there is no new evidence of innocence, just your change of heart which was in place before the conviction.

Good luck

Mark as helpful

4 found this helpful

3 comments

Asker

Posted

The sad part is the woman is admitting that there was NO Domestic Violence and it still can't be overturned. Though I agree with the Defense Attorney, my question to him is why isn't he trying to fight to change these laws instead of going along with them.

Alan James Brinkmeier

Alan James Brinkmeier

Posted

I indeed have a good track record of making changes in the law to serve the innocent. In the 1990s I was instrumental in getting a statute section changed to protect innocent life guards at a public pool. In the early 2000s I was instrumental in getting a jury instruction changed to assist the innocent joint tortfeasor from having to pay more than a fair share of the liability. In this instance, if the poster wants to hire a vigorous advocate to change the law, I will do so, but, as the record stands on the conviction, it simply cannot be appealed under the law after five years time has passed and that law is one I and everyone agrees with. The time to appeal a court ruling must be done shortly after it is made, not half a decade later.

Asker

Posted

Apparently EVERYONE does not agree with that and that includes me. If a person is INNOCENT of a crime their should be NO time limit on getting it overturned or appealed. Justice is blind, it's all about money, those that have it, in most cases, go free and those that don't sit in jail whether they've committed the crime or not. NO ONE should have to HIRE a lawyer to do the right thing. That is the problem with this so-called justice system, no person should have to PAY for their rights. This system is nothing more than modern day slavery and Defense Attorney's, by way of wanting money to get laws changed, are a big part of this slave driven system. Don't get me wrong, I truly believe a lawyer should get paid for his work but the part about changing laws to better help YOU defend your clients that should be done by YOU, without pay.

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics