A restraining order is a court order used to protect a person or other entity from the behaviors or actions of another individual or entity. Most commonly, a restraining order or order of protection is used to protect the victim of a domestic violence situation from a perpetrator. There are many reasons why one may seek an order of protection.
You may want to consider contacting an attorney to guide you through the process as well as reaching out to a domestic violence advocate since it can be complicated and emotional.
In Ohio, the steps for obtaining a restraining order begin by visiting the civil clerk’s office and filling out the proper forms. You may also request a temporary (ex parte) order if you feel you are in immediate danger or need immediate protection. Once you file your paperwork, the court will present it to the judge assigned to the case, who may then request an ex-parte hearing to question you regarding the petition and gather additional information regarding your circumstances. If the judge determines that a restraining order is appropriate, a court hearing will be set, and a copy of the petition, as well as notice of the hearing date, will then be served to the perpetrator.
On the day of the hearing, you must attend the hearing and request that the temporary restraining order be converted into a Civil Protection Order, which will be effective for five years. Failure to attend this hearing by the accuser may result in the expiration of the temporary restraining order in place. If the accused does not attend the hearing, the judge may grant the CPO or reschedule the hearing.
When involved in domestic violence or harassment situation, you must document every incident as thoroughly as possible. Keep a record of dates, times, and a detailed summary of your encounters with the perpetrator. Keeping a record will help the judge in deciding to approve your petition. It is important to contact an experienced domestic violence attorney to guide you through the process.
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