An invaluable resource on Ohio domestic violence laws, court procedures, and best practices is the Ohio Domestic Violence Benchbook: A Practical Guide to Competence for Judges and Magistrate, by former Montgomery County Domestic relations Judge Mike Brigner. It is primarily intended as an educational and reference tool for Ohio judges and magistrates, but it it is also very helpful to attorneys and victim advocates as well. The topics covered by the benchbook include: Professional Competence; Criminal Jurisdiction Courts; Civil Protection Orders; Children and Violence; Stalking Protection Orders; Lethality Factors; Weapons; Evidentairy Issues; counseling; Victim Advocates; Violence Against Women Act; Mediation; and Help.

To access the the Benchbook online, go to http://www.ocjs.state.oh.us/FVPC/resource.htm. However, it is presented online in one large PDF file that requires a 20-minute download for dial up modem service. Alternatively, one can obtain a copy by e-mail (in Adobe format) by sending an e-mail to Judge Brigner at mike.brigner@sinclair.edu. To obtain a hard copy, contact the Office of Criminal Justice servcies, Attn: Diana Ramos-Reardon, Ohio Offfice of Criminal Justice Services, 400 East Town Street, Columbus, Ohio 43215, phone no. (614) 466-0306 or toll-free (888) 448-4842, fax no. (614) 466-0308, e-mail at mailto:fvpc@ocjs.stat.oh.us.

Decision, March 24, 2005: view here in PDF format

Decision, March 10, 2005: view here in PDF format

Decision, March 23, 2005: view here in PDF format

Cases Challenging the Constitutionality of DV Laws as Applied to Persons Living as Spouses: view here in PDF format

Decision, February 11, 2005: view here in PDF format

State of Ohio v. Rodgers, Opinion Denying Defendant's Motion to Dismiss Based on Alleged Unconstitutionality of Statute, March 29, 2005: view here in PDF format

Decision April 12, 2005: view here in PDF format

The Ohio Supreme Court Amicus Curiae Brief in State v. Lucas details the legal and public policy arguments against charging a domestic violence victim with criminal complicity (e.g., aiding and abetting) in her abuser's violation of her domestic violence civil protection order (CPO).  In Lucas, the victim invited her abuser over to her home to celebrate their seven-year-old son's birthday party. Unfortunately, an altercation ensued,  both parties were charged with domestic violence, and Mr. Lucas was charged with violation of a protection order unde R.C. 2919.27. Several weeks later, Ms. Lucas was charged with criminal complicity in the violation of her own protection order under R.C. 2923.03(A)(2) for having invited her abuser over to her home in the face of the stay-away order in the CPO. She appealed he conviction to the 5th Appellate District Court of Apeals, lost, and appealed to the Suprem Court. Oral argument took place on March 13. The parties are now awaiting the Supreme Court's decision in this landmark case.

To view or obtain a copy of the Brief of Amici Curiae Action Ohio Coalition for Battered Women, Ohio Domestic Violence Network, and Ohio NOW Education and Legal Fund, go to LucasAmicusBrief final.wpd.  (The Appendix to the Brief is not included.)

Mike Smalz of OSLSA recently completed a 5-page paper defining and analyzing unauthorized practice of law (UAPL) for Ohio non-attorney victim advocates and clerks of court in domestic violence cases. This paper includes a detailed but easily understandable chart listing "Can" and Cannot" activities. The paper also briefly discusses the relevant case law and the public policy arguments for favoring a more permissive interpretation of UAPL in the context of the work of lay advocates and clerks of court in DV cases. Anyone who wants to obtain a copy of this paper may download a copy of it here in PDF format .