Ohio Petition to for Restraining Order due to Domestic Violence

State:
Multi-State
Control #:
US-02223BG
Format:
Word; 
Rich Text
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Description

A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.

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FAQ

Both parties are restrained from threatening, abusing, annoying, or interfering with the. other party or the parties' child(ren); 2. Both parties are restrained from creating or incurring debt (such as a credit card) in the. name of the other party or in the parties' joint names or causing a lien or loan to be.

A ?mutual? order of protection prohibits both parties from abusing, molesting, or interfering with the privacy or rights of each other. It may order that both parties not contact each other.

A motion for a protective order shall be accompanied by: (1) A memorandum in support, setting forth the specific basis of the motion and citations to any authorities relied upon. (2) Copies of any specific discovery request which are the subject of the request for a protective order.

R. 65.1. The clerk shall cause service to be made of a copy of the petition, and all other documents required by the applicable protection order statute to be served on the Respondent and, if applicable, on the parent, guardian, or legal custodian of the Respondent.

Consequences for Violating a Protection Order in Ohio 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 restraining order does not appear on a criminal background check. But it does appear on a civil background check. Most jobs require both checks and therefore will not allow someone with a restraining order against them.

No Contact Orders are issued by a judge through criminal cases. For instance, when there is a crime that involves an alleged victim of violence, such as Domestic Battery, Battery, Harassment, and Stalking, then the Judge will likely order that the Defendant have No Contact with the Alleged Victim.

A Protection Order is granted by a Judge and orders the defendant to stay away from you. The defendant should not enter your home or approach you at your place of work or school. If the defendant violates the protection order, a new charge could be filed and the defendant could be arrested.

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Ohio Petition to for Restraining Order due to Domestic Violence