April 30, 2024 | Criminal Law
If you’re facing the prospect of a restraining order against you in Ohio, knowing how to navigate this situation is essential. Understanding what exactly a restraining order is and what evidence is needed for such an order to be issued against you can help inform your defense strategy as you work with a criminal defense lawyer.
Types of Restraining Orders in Ohio
In Ohio, individuals seeking protection from potential harm have legal recourse through two primary types of restraining orders.
Temporary Ex Parte Protection Order
An ex parte order is designed to offer immediate safety measures to individuals who believe they are at risk of harm. This kind of order can be issued on the day the petition is submitted without requiring the alleged abuser (respondent) to be present or even notified beforehand.
A person may be eligible for a protection order if they have experienced dating or domestic violence perpetrated by a family or household member or someone with whom they have had a romantic relationship.
When a petitioner approaches a court with claims that require urgent protection, a restraining order can be imposed. At this stage, the judge simply looks for “good cause.”
There isn’t much evidence required at this point. Some things the judge will look for include threats of harm or infliction of harm against the alleged victim, sexually abusive behavior, and whether the respondent has prior convictions for domestic violence.
Whether or not the judge approves the ex parte restraining order, a full hearing will be scheduled.
Civil Protection Order
A Civil Protection Order (CPO) in Ohio offers a longer-term solution for individuals seeking protection, and it can last for up to 5 years. This order is issued only after a full court hearing where both the petitioner and the respondent are given equal opportunities to present their cases.
Understanding the types of restraining orders is just the first step. Now, it’s essential to understand what type of evidence a petitioner may present to try to get a restraining order issued against you.
Common Types of Evidence Used When Seeking a Restraining Order
Various types of evidence can be used to strengthen the case for a civil protection order, which will significantly impact the court’s decision. Some of the most common types include the following:
Witness Testimony
Accounts from individuals who have directly observed any instance of abusive behavior towards the petitioner can be quite persuasive. Witness testimony provides an external viewpoint on the alleged abuse, adding credibility to claims.
Photographic Evidence
Providing photographs showing injuries attributed to violence helps substantiate claims of abuse. These images serve as direct visual evidence and are most compelling when they include timestamps that correlate them with specific incidents.
Text Messages or Emails
Documented communications, like threatening text messages or emails detailing abuse, can play a crucial role in evidencing patterns of harassment or violence. Courts consider these documents significant, as they offer insight into the respondent’s behavior and intentions.
Video Footage
Video footage capturing acts of abuse or threats stands as one of the most powerful forms of evidence in proving allegations. This direct visual and auditory support can significantly influence court proceedings, offering indisputable facts about the respondent’s behavior.
Having clear evidence greatly enhances the likelihood of the petitioner securing a protection order.
What To Do if You’re Facing a Protection Order in Ohio
If you find yourself as a defendant/respondent facing a protection order, prompt action is integral in safeguarding your rights. The first thing you should do is work with a knowledgeable defense attorney.
Additionally, they will help you collect and prepare evidence to counter the allegations against you. If you’re facing this difficult situation and need help, don’t hesitate to contact us to schedule a free consultation with a restraining order defense lawyer.
Contact the Cincinnati Criminal Defense Attorneys at Suhre & Associates DUI and Criminal Defense Lawyers For Help Today
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati Law Office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
