how are you guys okay what's going on what's going on she's mad I've been gone for three days she she disconnected my phone it's on but she has an app to where she cut it off I need my phone told to cut my phone back on I just paid the Bill couple days ago there's no reason why my phone should be disconnected okay I want my phone on she's not trying to cut my phone off okay who is she to you she's my wife why so she's upset that you were gone for three days I need a piece of mind to just think I'm out slanging dick I haven't took a shower in 3 days I still got my last Covid I haven't but she's talking shit in her head and now she packed my house both on the lease her daughter's not on the lease I want her daughter gone honestly um she packed my shit at the front door I'm not going anywhere we're both on this lease right I'm not going anywhere okay there's no violence nobody touched anybody nothing no threats just no no threats okay um you guys have been married three years no we've been married four together eight married four okay what time did you show up back here she wasn't here when I showed up probably maybe an hour and a half ago OK hi how are you hello I'm I'm fine how are you I'm good good uh what's your first name so what's going on um honestly we had a good 4th of July uh huh um no argument before the 4th we didn't we can't even understand our water is off like we had to talk about this and she did conversation when I had trying to get an understanding on these bills financial situation not to be rude or anything but i'mma let her talk uninterrupted like I let you talk uninterrupted okay fair enough alright go ahead dear okay so as as he said that is true but we it was no arguments no kind of really hard disagreements or anything like that okay like I said we proceeded into the holiday now my thing is is if you that's how you're feeling you wouldn't have been enjoying drinking three bottles getting overly drunk and drink three bottles OK OK I'm OK um you did that's not against the law done Kevin Hart and uh patrol I drunk I had a shot so Kevin Hart okay so boom we come home everything was fine we had a good time but like I said he he's saying that all of that but we like I said now we're into another whole day we're fine everything we have a good time we get here at 1:15 in the morning on Friday night which is into Saturday morning okay we get here everything is fine um I noticed the chain was missing and I'm like I don't you know hear him so I got up his car was parked right here on the side of the house and then we have a side door he's on Facetime with another woman so when I walked up to the door and I'm like really that's how what that's what you want so I came back in the house I put my clothes on I'm mad I'm like I'm tired of being in competition with these bitches and I'm mad by 1:30 1:30 in the morning Shane was pulling out the driveway and leaving I have it was nothing to deal with it's nothing it was no argument it was I know the difference between Facetime and a video I'm not I play it off like my confidence was played you know what I'm saying so so then he leaves he leaves and it never came back okay until today I never talked to him no call I tried to call him on Saturday on Saturday on Saturday I didn't cut the phone off until Saturday at five PM after not hearing from Shane cause at this point would you just call the phone company I yes I called the phone company I know just let me talk to her and let me talk to her and then we'll we'll talk it all together I called the I called the phone company yes to cut the phone off cause at the end of the day we are married right no matter what you got my house it don't matter what you get out of my house that's my daughter he talking to that's not she's getting out she's not on the bus please quit talking to my daughter she's getting out can you ask him to please quit talking to my daughter no I ain't working no more so as far as today he should back up right right that's what I'm getting to so boom he been gone I went to my friend house to wash a load of clothes so when he gets here all of a sudden you need to cut my phone off talk to my daughter like that's not okay at the end of the day okay because you're mad at me you don't take your anger out on her she don't she didn't know she wasn't even here I got it I got it she wasn't even here when I left with Mark so you're blaming and mad at her about because you don't know we got you don't know I don't like she put something she never put on Facebook about me today I got you sir come on I never interrupted him I understand any violence or any threats yes that's what I'm getting to so I get out the car I come I come right here he wants he looking for I got my basket of clothes and and I can show you where it fell cause I got grass still stuck on my clothes right there at the door so I got my I got the basket he tried to grab he and it's on y'all recorded call from when he called y'all he tried to grab he tried to grab you grab my wrist I had my hand on the lock guys OK you don't even have he tried to he tried to take it out I don't need a Mark just stop you don't need a Mark when I grab he hey come on man Shane he didn't grab my watch he grabbed my wrist and twisted it like this and when I said get off of me in the dress the box he stepped away like I didn't touch you I didn't touch you but how can you how can you grab the watch and not grab me you can't look how tight that is how you go with you're grabbing me and no and that's when we both call the police he just called faster because I'm on a watch so it wouldn't go through okay she doesn't have anything is that that's all that happened physically yes OK any any listen I talk to you uninterrupted I got you I got you listen listen to me I talk to you uninterrupted let me talk to her uninterrupted OK any threats I am he did not no he did not I'm not gonna sit here and lie he did not threaten me OK but I am harmful for my life because it's not the first time I hear harmful for my life no OK so listen cause you shouldn't have you shouldn't have never grab my wrist like this trying to grab my wrist I didn't grab you trying to take my watch because he wants to he wants if I would have had my phone he would have took it OK and didn't went in it and did it himself but there was no hitting shoving pushing none of that no OK he just grabbed my wrist and twisted it like that and I dropped the basket OK so I've listened to both of you now listen to me real quick okay we have a dispute right here this is not violence this is nothing like that okay you guys are a married couple I can't tell one of you to leave I can't tell the other one to leave okay just let me talk I let both of you talk so let me talk I understand if you guys aren't getting along you guys need to figure something out sort that out because domestic violence in Ohio you guys have that relationship because you're married and you're living together okay if there's any harm caused or any attempt to cause harm or any threats made it's a mandatory physical arrest for us okay so if y'all aren't getting along figure something out maybe one of you can go stay with a friend or something like that I work from here I work I work I'm just I'm making a suggestion like I said I couldn't tell either one of you to leave I don't we call right back because my daughter is here she's not going nowhere so he's gonna he's gonna be a he's gonna you guys go ahead and finish I'm getting to the daughter part okay man here's the thing you guys are both residents here you guys both own this house if she's a guest under her mom and her mom's fine with her being here I again I have nothing to do with that I can't force her to go so how would I go about that you if you're are you're on the mortgage here and everything yes are you can go get her her daughter's not her daughter's 18 she's no she's over the age she just visiting or something or what's going on we both me being a stepdad me being a stepdad I allowed her to come live with us but she lost her house so now she wants her to move out because so she's living here she got in the middle and now she doesn't pay a Bill here she doesn't pay a Bill here I got it she doesn't pay a Bill here I got it we've been talking about that you was mad that she didn't pay the Bill so now he's mad at you you were mad stay listen to me ma'am if you guys have allowed her to live here you're gonna have to go file for an eviction OK I will so do that I can't force her to leave I can't force anyone to leave I will I do highly suggest you guys separate because like I said if it escalates to domestic violence somebody's gonna go to jail and we don't want that I got I work from home so I'm not leaving I actually work in the bedroom well I just want to make sure we're all on the same page regarding the law okay I think y'all gonna be called right back out and if that's the case that's fine if you need us you can call us but because you're too disrespectful okay you just keep on doing it right in front of them okay right in dispute you guys are gonna argue we'll come back out here and like my partner said as long as it doesn't escalate to violence or anything like that but he can't sit here and just keep on we can't tell bitches and we're not in a relationship that's not I get it I get it but y'all are gonna have to figure that out separate get a divorce find somewhere to go I don't have I'm not going to room I'm not telling you I'm just suggesting dissolution or get divorced or something you guys can't get along and if it ain't working anymore and that's what he that's what that and that's what I'm saying you've been gone four days you got somewhere to go just go you needed a piece of mind not me you got a problem so why can't you continue to go that that's all I'm saying you left for four days didn't say nothing to me I got why can't you just stay gone if you need a piece of mind and you need to get away from me why can't you just stay gone then you come back to say my shit doesn't look but we're married that's not okay I understand both of you come and go when you please and I can't do anything about it I got it you guys have relationship problems I suggest go see like a relationship therapist or something this is our future right okay well divorce step get the go well if you guys aren't leaving at least try to stay separate alright alright have a good night so what's happened since we left so basically he doesn't he want he doesn't want me in the house at all keep every time I go in the house he tells me to get my grandson and we need to get out the house so this last time when I and of course nobody heard it because this last time when I entered in the house he told me that he would what did he say specifically I'll kill you if you don't leave or something yes you can he I I don't wanna put them in it but he keep asking her to to to to make me to to leave he wants me to leave so he said and I'm not leaving so he said I'll kill you yeah but we was in the house because my grandbaby is in that room sleep and so every time he comes in the house I don't want him to touch my grandbaby so yes I go and sit okay I took the back and he asked me look the basket was right there I took the basket right there and then went sit right there he said what is you doing I said what do you mean what I'm doing I live here like and that's what I'm saying I ask I'm saying y'all don't so he said I'll kill you cause you only bitch yes do you find this threat able threat credible I said that backwards yes do you want to press charges yes can you do a written statement yes okay give me just a second and he'll go to jail for DV just stay up here hello what's up bro I can't go to jail man I work I promise I didn't threaten her what's going on in your shorts swimming trunks no these my fourth I've been I've been gone for 3 days I got you alright what's what's going on I wasn't out here I'mma just grab give his desk and I'mma walk home now we started talking she went to the car I went in the house she came in the house can you please leave no I'm not leaving well your daughter's not coming in I know what you guys say I just told you your daughter's not coming in okay she went out got her phone what did they say the last time they were here about her daughter what you mean uh uh they said I had to get an eviction she's over 18 and she stays yeah yeah yeah so I have to go to is that what arguments about her daughter no uh I've been like oh you want the first time no she uh I've been going since the fourth OK she's a little upset piece of mind she cut my phone off I just got back today just paid a 200 dollar phone Bill sure can you please cut my phone off she just disabled it from a nap this is a push of a button cut it off she's not trying to do that so I said just give me my money yeah she's not trying to do that either OK cops were called they say you know just try to somebody leave we both she works from home this is my home I pay bills I'm not leaving she's not leaving okay well your daughter disrespect me she can leave but like I said she came back out to the car she came back at the phone I said I'm about to call the police this place reports she actually called the police and said that the cops said like this is not a threatening or really physical violence then we can't do nothing so why would I threaten you after they leave I didn't threaten her sir I promise I didn't threaten her listen to me sir please I just tell you that sir I I know that's why I know any claim of violence or threat please you can just turn around she claimed that you threatened her so you're under arrest oh my God put your hands behind your back Lily oh my God we're okay one of custody sir I promise man let me get this really oh my God alright drop your there you go alright let's log that SUV damn you really gonna lie on me like that come on Shane walk on up to the SUV that's wow I told you guys to just separate sir we did she came in the house I went in the house she came in the house I said Paris please just go your ride is here she her listen man I told you he's lying I man oh my God I don't have a choice I don't have a choice man I that's what I told you please tell him you please please face the car from the man oh my God bro I'm going to jail for nothing I'm not really going to jail for that that's a lie it's not true really yes I didn't touch her sir I didn't touch her it's not touch it's true I didn't touch her I didn't threaten her I promise well that's not what she's telling me hey you guys separate your feet oh my God bro I just lost my job and everything just please like I can I call my boss like Paris oh my God she just really fuck me up with this one she is really loud on me can I get this one on my head go ahead I can't go ahead you got it alright just have a seat in the corner oh man she really just lied on me oh my God bro man oh my God sir I told you guys sir I I went to the house sir she came in sir I didn't say I'll come are you willing to sign a complaint form for domestic violence yes okay how can I get a restraining order there'll be a automatic one granted by the court do do I need to come down here tomorrow so yeah so I would I would go downtown to the Commonwealth Court tomorrow okay I think domestic relations is the second floor I'm not sure but you let them know what you're there for okay um and they'll they'll do it they'll automatically be a no contact order um okay essentially starting right now okay okay but you still need to go come back here no OK and you still need to go get a a Protection order oh yeah I'm going down there tomorrow morning alright I mean sorry come on yeah just d v m for threats threatening her that is yours and the jail won't take it cause it has your name on it okay um he wants his keys to his car would you mind grabbing those before we leave in a minute they can go with him so he's not gonna be allowed back here anyways until uh you guys go to court cause there's gonna be a no contact order with a domestic violence charge anyways my neighbor I'm telling you go if you go over there she's home now but if you go over there she seen him grab my wrist and and and twist it she seen it yeah and she heard him sitting out here calling me out got my daughter off I'm I'm to be he didn't get threatened until we went in the house he knew not to do it out here well I mean like I just said I already explained it to him and told him it's best bet to leave but he should have left the first time you just did it unfortunately I couldn't force it but that's what I told him somebody's going to jail but you still wanted to just see just keep on being threatful just leave you should have just left I said it I said it you should have just left but yet you wanna still keep on sitting here calling my daughter bitches and just sitting here just calling calling us like no I said get that divorce process started cause it don't seem like it's probably over with now yeah it is it is and that's why I think he's been gone four days how you come don't come back and do all of this yeah I got you you look like you're dead inside um make it an M2 on your complaint cause you've got a previous conviction for threats from 2019 don't hop out yes huh OK yeah pop your other leg out what are you trying to do I'm trying to get out but I can't my lower back thank you thank you thank you thank you what's up and then you don't have a conviction that charge was held from 2019 I'm sorry you don't have a conviction your charge so it doesn't enhance this off the degree of this charge this is just a misdemeanor for so what does that mean it means you weren't convicted of it in 2019 they put it down I don't know it's a good thing for you it means that this charge isn't higher what does it take for police to arrest you inside your own home based on words alone in Ohio verbal threat between spouses triggers a criminal arrest a no contact order and immediate loss of access to your own residence the law is more precise than most people realize Ohio Revised Code section 2,919.25 defines domestic violence in three distinct forms physical harm reckless serious harm and threat of force each carries a different criminal degree a different burden of proof and different consequences under section 2,919.25 subsection c a verbal threat alone constitutes domestic violence if it causes a family or household member to believe imminent physical harm is coming no physical contact required no visible injury the word itself is sufficient first offense is a fourth degree misdemeanor carrying up to 30 days incarceration Ohio Revised Code section 2,935.03 makes arrest the preferred course of action once officers have reasonable grounds to believe domestic violence occurred and um reasonable cause to believe a specific person committed it a signed victim statement meeting those elements is legally sufficient to proceed The Fourth Amendment requires probable cause for any warrantless arrest Ohio courts apply the totality of circumstances standard from Illinois versus Gates 1,983 Graham versus Conner 1,989 adds this reasonableness is judged at the moment of the decision from the perspective of a reasonable officer on scene not with the benefit of hindsight under section 2,919.25 subsection d a prior conviction for domestic violence elevates the charge from a misdemeanor to a felony of the fifth degree a prior charge without a conviction does not trigger this enhancement officers must confirm conviction status before documenting the complaint the distinction is the difference between misdemeanor and felony exposure upon a domestic violence arrest Ohio law imposes an automatic no contact order effective immediately upon booking a co lessee has no right to return to a shared residence while that order is in force criminal law supercedes civil tenancy rights a lease does not override a court imposed restriction this is a lesson many do not learn until they are already in handcuffs Ohio Revised Code Section 3,113.31 provides a civil Protection order through the Domestic Relations Division of the Common Pleas Court it is separate from broader than and longer lasting than the criminal no contact order victims who do not pursue it lose a critical and independent layer of legal Protection Miranda versus Arizona 1,966 applies only to custodial interrogation voluntary statements made before arrest are admissible without rights advisement once in custody statements made without Miranda warnings face suppression at trial knowing when you are legally required to stay silent is as important as knowing the charge against you Ohio law requires officers to identify the primary physical aggressor not simply arrest whoever is accused when both parties allege contact officers must weigh injury evidence prior call history and witness credibility arresting the wrong party in a mutual dispute creates Fourth Amendment liability for the department and grounds for a civil rights claim under 42 United States Code section 1,983 was this arrest legally justified did officers correctly identify the primary aggressor when both spouses call police at the same moment who gets believed and who loses access to their home and what happens when the only evidence is one person's word against another these are not simple questions stay with us