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Ohio Motion To Modify Extend Or Dismiss Civil Protection Order

State:
Ohio
Control #:
OH-SKU-0662
Format:
PDF
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Description

Motion To Modify Extend Or Dismiss Civil Protection Order

Ohio Motion To Modify Extend Or Dismiss Civil Protection Order is a legal document used in Ohio courts to request changes to an existing civil protection order (CPO). This type of motion is typically filed by a person who is subject to the CPO, or by their legal counsel. The motion can be used to modify the terms of the CPO, to extend or dismiss the CPO, or to request other relief as allowed by law. The motion must be served on all parties involved in the original CPO case and the court will then make a decision on the request based on the evidence presented at a hearing. There are three types of Ohio Motion To Modify Extend Or Dismiss Civil Protection Order: Motion to Modify CPO, Motion to Extend CPO, and Motion to Dismiss CPO.

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FAQ

To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued. You may be able to request that you attend the court hearing by telephone rather than in person, so that you do not need to return to the state where your abuser is living.

To modify a CPO, a motion must be filed with the court. This paperwork can be found on the Ohio Supreme Court's website or an attorney can file this paperwork for you. The matter will then be set for a hearing.

Only the state that issued your protection order can change, extend, or cancel the order. You cannot have this done by a court in Ohio. To have your order changed, extended, or canceled, you will have to file a motion or petition in the court where the order was issued.

You may file a Motion to Dismiss by contacting the attorney of your choice or you may file pro-se. Contact the Domestic Violence Coordinator at (937) 562-6236 for further details. The Motion to Dismiss will be set for hearing on the Judge or Magistrate's docket, and the Petitioner must attend.

The penalties for violating a protective order in Ohio are defined in O.R.C. § 2919.27. Generally, a violation is a first-degree misdemeanor, which in Ohio comes with a maximum of 6 months in prison and a $1,000 fine.

(A) Upon motion of any party or person from whom discovery is sought, the board or the administrative law judge may issue any order which is necessary to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to ?dissolve? (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

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Ohio Motion To Modify Extend Or Dismiss Civil Protection Order