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Cleveland, OH criminal defense attorney Jay Milano gives his advice for someone who’s been charged with domestic violence. He explains that domestic violence cases rank among the most personal and challenging in a criminal lawyer’s practice. These cases often involve families in crisis—sometimes escalating to physical confrontations, other times involving no contact at all—but the consequences are always serious. He frequently handles these matters in municipal or city courts, where the system often struggles to navigate the complexities of family conflicts.
He recalls a case where a husband and wife argued over keys on a string, resulting in the wife cutting her finger. Long before he began representing the husband, the father had to pick up his children from the police station due to that minor altercation. The challenge with domestic violence cases is that the system is highly cautious: if a defendant is wrongfully released and poses a real threat, the results can be tragic. He references a case just a few miles from his office where a man, released under similar circumstances, killed his wife the following week.
Penalties for domestic violence are severe. Convictions remain on one’s record permanently, and those convicted are prohibited from owning firearms. Many clients initially underestimate the seriousness of these cases, assuming a simple domestic dispute will be overlooked. However, the reality is far more complicated. Spouses may hire attorneys to clarify that no violence occurred, but the system can struggle to interpret these nuances. With the rise of online interactions and restrictions during COVID, the traditional personal connection between lawyer and client has diminished, making trust and transparency even more critical.
His guidance to clients is straightforward: first, select a lawyer you can fully trust. Second, be completely honest, regardless of how difficult the truth may be, because effective representation depends on full disclosure. Third, remain actively engaged in your case; client involvement is essential. Finally, if trust with your lawyer is broken, it’s vital to address it immediately and, if necessary, move on. Remaining in a contentious relationship with a lawyer only increases the risk of regret and misplaced blame if the case outcome is unfavorable.
