Judge Wrong on Domestic Violence Case

I have been following an online discussion of a Cleveland judge's decision to dismiss domestic violence charges against a man because they were not married. Ohio's gay marriage ban procludes straight people living together from receiving benefits afforded to married couples. Why people voted for this ammendment I'll never know. The general concensus is that State of Ohio v. Yaden has already concluded that DV laws are based on cohabitation, not relationship. The prosecution has appealed.