Ohio Stalking and Sexually Oriented Civil Protection Orders

protection order stalking

Protection Order A Must For Victims Of Stalking Or Domestic Violence

Have You Been Stalked And Require A Protection Order? How And Where To File Locally In The State Of Ohio

protection order stalkingStatistics show that 8% of American women and 2% of American men will be stalked at some point in their lives. This means that 1.4 million Americans are stalked every year.  And while some times the perpetrator is related to the victim, often times they are not.

A Civil Stalking or Sexually Oriented Offense Protection Order is very similar to a domestic violence civil protection order, however they seek to protect victims even if they are not a family or household member of the abuser.  If a victim has been threated with physical harm or mental distress more than once and the incidents are closely related in time, then he or she may be entitled to a Stalking Civil Protection Order, and a victim of a sexual offense can seek a Sexually Oriented Offense Protection Order after the first threat according to Ohio Revised Code §2903.214.

In order to obtain either type of these protection orders, the victim must first file a petition for such in the general division … Read More... “Ohio Stalking and Sexually Oriented Civil Protection Orders”

The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions

The Case for Ohio Restraining Orders

restraining orders in dayton ohioIn Ohio, restraining orders are not available in dissolution proceedings but only in divorce, legal separation and annulment actions. Restraining orders have become somewhat “boilerplate” in as much as they are commonplace and routinely granted on an “ex parte” basis at the time the divorce action is filed.   A “restraining order” is also executed by a Judge and issued by a Court restraining a party involved in a divorce proceeding from certain actions or activities during the divorce process. The general principle for restraining orders is to maintain the status quo of affairs at the time a divorce action is filed and to avoid “retaliatory” actions by a spouse.

Restraining orders can be obtained by either party without the necessity of an in-Court hearing or proceeding.  This means that the restraining orders are “ex parte” in nature and are ordered without the other party being heard on the issue.  The primary purpose of restraining orders is to prevent the loss or dissipation or transfer of marital assets before they can be identified, valued, and divided.  Restraining orders can also be used to prevent abuse and/or
removal of children from the State of Ohio, except … Read More... “The Reasons for Utilizing Restraining Orders in Ohio Divorce Actions”

New Law Protects Teens from Dating Harassment and Violence

teenlaw.jpgIn 2005, a seventeen-year old girl named Shynerra Grant was murdered by her ex-boyfriend, Antonio.  She had just graduated high school in Toledo, Ohio, and was heading to college in the fall.  Shynerra had been stalked by her ex-boyfriend for more than a year before she was murdered.  Antonio stalked and abused Shynerra, including an incident in May 2004 when he broke into her home and put her in the hospital with a broken jaw.  At the time an adult could obtain a Civil Stalking Protection Order (CSPO), but it was almost impossible for minors to get that same protection if the aggressor was another minor.

In March 2010, the Ohio General Assembly passed legislation that would confront this issue.  House Bill 10, named the Shynerra Grant Law, was sent to Governor Strickland for his signature.  The Governor signed the bill into law and it will become effective on June 17, 2010.  The law is designed to allow a minor to go to his or her local juvenile court to obtain a protection order in certain situations.  A teen who is the victim of harassing, stalking, or threatening behavior by another teen, now has the option of going to court … Read More... “New Law Protects Teens from Dating Harassment and Violence”

Contempt Remedies for Non-Compliance with Court Orders

contemp.jpgFactual Scenario:  The Final Judgment and Decree of Divorce has finally been executed by the parties and has been filed with the Court.  But, alas, Husband finds that Wife is not willing to pay what he is supposed to receive from her; and Wife is not forthcoming in dividing the U.S. Savings Bonds that were acquired during the parties’ marriage; and she is refusing to convey to Husband certain household goods and furnishings as directed in the Final Judgment and Decree of Divorce.

What remedies does Husband have?

The Court does not have a “police force” or “private investigators” to monitor compliance with Final Decrees or Agreed Entries.  There simply is not enough money for the Court to examine whether or not former spouses are following the mandates of their Decrees.  In order for the Court to learn about a party’s non-compliance, the former Husband must file a Motion asking the Court to find his Ex-wife in Contempt of Court for her willful failure to comply with certain terms of the Final Decree or Agreed Entry.  Another name for the same action is for Husband to file a Motion to Show Cause why Wife should not be held in … Read More... “Contempt Remedies for Non-Compliance with Court Orders”

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