Criminal Procedures

Citizens with a criminal complaint should first contact the Xenia Police Division for their assistance and investigation. In some cases, the Police Division may be unable to help. If so, the Prosecutor’s Office is available for the filing of private criminal complaints. The incident must have occurred within the City of Xenia and involve a person 18 years of age or older,

To request criminal charges from the prosecutor, pick up a copy of your police report in the Police Records Division, located in the basement of City Hall at 101 N Detroit Street, Xenia, OH 45385.

Take the police report to the City Prosecutor’s Office located on the second floor of City Hall in Room 236. The office is open for complaints Monday through Friday between 8 a.m. and 5 p.m. If you have additional witness statements, medical bills, photographs of injuries or damages to property, audio or videotapes, bring those with you. The Prosecutor’s Office will need to retain them, so make sure you have copies. Staff will review the report and any additional information you have and may ask you some questions about the incident. The Prosecutor’s Office only handles misdemeanor cases, such as domestic violence, assault, theft, criminal damaging, and telephone harassment.
Law Scales Clip Art
Filing Process
The paperwork will be submitted to the Prosecutor who will determine if there is sufficient evidence to file criminal charges against the individual(s). If there is sufficient evidence, you will be contacted by the Prosecutor.  You will be required by the Court to complete an additional probable cause statement before charges will be filed.  The paralegal will prepare charges and notify you either by phone or mail to pick up the charges at the Prosecutor’s Office and take them to Xenia Municipal Court, where you will sign the complaints. If there is not sufficient evidence for charges, you will be so notified. You can expect a response from the Prosecutor’s Office within 3 business days of submitting your request.

The City Prosecutor’s Office can authorize criminal charges only where there is legally sufficient evidence to demonstrate that a crime was committed by the person(s) accused. The Prosecutor’s Office cannot issue peace bonds or restraining orders. In Domestic Violence cases, the Judge may issue a temporary protection order but only after Domestic Violence charges are actually filed and a hearing is held.

In the event that the complaint is civil in nature, you will be advised to seek private legal counsel. Civil complaints include matter dealing with breach of contract, bad debts and landlord/tenant disputes.

Collecting Money

The City of Xenia Law Department or Prosecutor cannot collect money for property damage or personal injury. Such actions are civil in nature and can be handled by filing a Civil Complaint in Xenia Municipal Court. Contact the Court at 937-376-7297 for filing fees and information.