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Ohio
RESTRAINING ORDER
Temporary · Violation · Harassment
Akron
Criminal Defense Attorney
NEED
to FILE a RESTRAINING ORDER?
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OR |
NEED
to DEFEND AGAINST a RESTRAINING ORDER?
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If
you NEED TO FILE a Restraining Order
or need help in YOUR DEFENSE against a Restraining
Order, the criminal defense attorneys at
Edward C. Weber & Associates are prepared to
assist with expert advice. They have extensive knowledge
in how to file a Restraining Order
and what to do if you are served
with a Restraining Order.
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WHAT
IS A RESTRAINING ORDER?
In
Ohio, Restraining Orders are court orders signed
by a judge that help people with various types of abuse. There
are 4 types of Restraining Orders available for an individual
to file.
TYPES
OF RESTRAINING ORDERS
- Emergency
Protective Order (EPO) - This Restraining
Order is issued by law enforcement and is valid for
5 days. Useful for domestic violence victims.
- Domestic
Violence Temporary Restraining Order (TRO or DVRO)
- This civil Restraining Order is temporary
for 3 weeks and can be made permanent for 1 to 3 years.
Useful for domestic violence victims.
- Criminal
Protective Order ("No Contact"
order) - This Restraining Order is obtained through
the District Attorney's office and is issued in active
domestic violence criminal cases.
- Civil
Harassment Restraining Order (CHO)
- This Restraining Order is a civil order and is used
for stopping harassment / annoyances by neighbors,
roommates, and co-workers.
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DOMESTIC
VIOLENCE RESTRAINING ORDERS
In Ohio, the victims of domestic violence can obtain either
an Emergency Protective Order, a Domestic Violence
Temporary Restraining Order, or a Criminal Protective
Order. To qualify for a Domestic Violence Restraining
Order you must have a relationship with the person you are
seeking the order against. It must be one of the relationships
described under Domestic Violence.
CIVIL
HARASSMENT RESTRAINING ORDERS
In Ohio, a Civil Harassment Restraining Order is used in situations
other than domestic violence. All of these restraining orders
are issued to prevent the restrained person from:
- Annoying,
harassing, striking, following, or disturbing the peace
of the protected person(s).
- Having
direct or indirect, personal, telephonic, electronic, or
written contact with the protected person(s).
- Coming within 100 yards of the protected
person(s) - place of work, residence, or school.
| FILING
a RESTRAINING ORDER |
WHAT ARE THE ADVANTAGES? Once the Petitioner
(person requesting Restraining Order) files a Restraining
Order and it is properly served on the abuser, the abuse or
harassment WILL STOP! The abuser's first
reaction is to respond with outrage and even violence. From
the victim's point of view he/she will be relieved and will
no longer feel alone or helpless. The victim will no longer
be an easy target to be abused and beaten. The victim now
has new and powerful friends -- the Court. The abuser will
think twice about violating the Restraining Order because
there are now consequences for violating the court order -
JAIL.
RESTRAINING
ORDER VIOLATIONS. If, after the hearing, the Restraining
Order is violated, the abuser can be found to be in contempt
of a court order and this violation may be treated as a criminal
matter that could result in serious consequences, including
jail time.
| DEFENDING
a RESTRAINING ORDER |
WHAT
ARE YOUR RIGHTS? The Respondent (person receiving notice
of the Restraining Order) must be officially given notice
(served) the Restraining Order. Being 'served' a Restraining
Order means that formal copies of the Restraining
Order Notice have been personally delivered to the
Respondent. These copies must be both easy-to-read and include
an Answer to Temporary Restraining Order
(form DV-120). This is the Respondent's opportunity to respond
to the allegations made by the Petitioner. The Respondent
will have from 10 to 20 days before the hearing to file an
answer to the Petitioner's statements.
GOING
TO COURT. A hearing is needed for a judge to determine
whether or not a Restraining Order is necessary. At the hearing,
the judge will decide whether or not to issue, change, or
cancel the Restraining Order. This can happen in one business
day or sooner. Arriving at the hearing early, prepared, and
with your attorney will ensure the best possible outcome for
your case.
AN
ATTORNEY MAKES ALL THE DIFFERENCE
A
Restraining Order can greatly affect your relationships with
your spouse, children, family, and friends. Having a Restraining
Order can seriously impact your lifestyle. Although you do
not need to have an attorney to file a Restraining Order or
defend against a Restraining Order, representing yourself
is a risk and puts you at a huge disadvantage.
ADVANTAGES
OF HIRING AN EXPERIENCED
CRIMINAL DEFENSE ATTORNEY: |
- If
the other party has an attorney and you do not, your chances
of winning are immediately reduced. The other party's lawyer
has done the necessary preparation, only a skilled criminal
defense attorney would know.
- Even
though you are permitted to ask the judge for a "continuance"
to reset the court hearing to another date when you can
bring your lawyer, additional fees will be required and
the time spent cannot be recovered.
- Being prepared with an attorney from the
start is the smartest and most cost-effective way to handle
your Restraining Order. Your attorney will ensure that all
of the proper documents have been filed, knows how to handle
the judge's questions, and will not be caught off-guard
by any unusual circumstances.
IMPORTANT:
The guidance and presence of an experienced criminal
defense attorney, such as Edward C. Weber & Associates,
will substantially improve your chances of obtaining the Restraining
Order or defending against the Restraining Order.
If
you need assistance with how to file a Ohio Restraining
Order or how to defend against a Ohio Restraining
Order, please contact
our office immediately for
a FREE CONSULTATION.
Law
Office of Edward C. Weber
159 South Main Street, Suite 1002
Akron, Ohio 44308-1318
Phone: (330) 535-6185
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