Restraining orders help the legal system protect victims from further violence.
Judges issue restraining orders to protect victims of abuse and harassment from further violence. In Toledo, Ohio, two types of orders are available: Domestic Violence Protection Orders and Stalking or Sexually Oriented Offense Protection Orders. Obtaining an Ohio restraining order involves filing a petition in the Lucas County courthouse and appearing before a judge to present your case. Restraining orders can prohibit the restrained from contacting or approaching you, mandate counseling or financial restitution, and more, at the judge's discretion.
Instructions
1. Go to the Court of Common Pleas at 700 Adams Street in Toledo, or the Court of Domestic Relations at 429 N. Michigan Street and file a petition for the type of restraining order you need. To file, complete the appropriate paperwork--forms are available online or in the court clerk's office. You will need to provide contact information for yourself and the alleged abuser; details regarding the abuse; and the terms you are requesting. Submit the forms to the clerk, who will give them to a judge for review.
2. Appear before a judge at an ex parte hearing. At the ex parte hearing, you are given the opportunity to briefly present your case, but the alleged abuser is not. The judge will decide if you are in immediate danger; if so, he will grant you a temporary restraining order to protect you until the full hearing. He will also set a date for that hearing, usually within seven to 10 days.
After the ex parte hearing, the court will forward the temporary restraining order and notice of hearing to law enforcement, who will serve the alleged abuser with them. Because the temporary restraining order will not be effective and the hearing cannot be held until the respondent is served, it is advisable to follow up with the court to make sure service was completed.
3. Prepare to present your case in court. Your testimony will be one of the most defining factors in the outcome, so practice telling your story to another person to ensure you can speak clearly, descriptively, and accurately about your need for protection. You may also gather evidence, such as police or medical records, a journal of abuse, photographs of injuries or damaged property, or witness testimony, to solidify your claims. Legal assistance can be helpful, particularly if the respondent retains legal aid or intends to fight the restraining order.
4. Appear in court and present your case. If you cannot appear at the indicated date and time, call the court as soon as possible to reschedule; otherwise, your case may be thrown out and you will have to start the process over again. The alleged abuser may be there. If he does not appear, you may be automatically granted the restraining order.
Ohio restraining orders can be effective for up to five years, and can be renewed at that time.
Tags: restraining order, your case, alleged abuser, present your, present your case, parte hearing, temporary restraining