Protection Order: Proving Domestic Violence in a Court of Law can be Difficult

When Things That Go Bump In The Night Are Not Sufficient Evidence For A Domestic Violence Civil Protection Order

protection order domestic violenceA couple weeks ago, my brother and I went back to our homeland of California to visit our parents and help them get ready for their move back to Ohio.  Nothing too crazy, just packing and re-sodding the yard.  And an occasional beer or two in the morning hours while we worked.  Don’t judge.  We were on “vacation” and that whole time change thing was happening.  In any event, one morning we finished up our chores and were watching some television.  While flipping through the channels we came across Nightmare on Elm Street 2: Freddy’s Revenge.  Not wanting to pass up a great slasher movie, we started to watch it.  About fifteen minutes in it became more of a comedy than a slasher movie.  But back in the 1980s that movie was crazy scary!  Like most slasher movies it had all the elements of the main characters getting messed with by Freddy until the big finale where they have to take Freddy on.  By now you have to be asking yourself what the hell does Freddy Krueger have to do … Read More... “Protection Order: Proving Domestic Violence in a Court of Law can be Difficult”

Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?

The topic for this particular article concerns Ohio’s Domestic Violence Statute which is O.R.C. Section 3113.31.  In it “domestic violence” is defined as the occurrence of one or more of the following acts against a family or household member:

  • Attempting to cause or recklessly causing bodily injury.
  • Placing another person by threat of force in fear of imminent serious physical harm or committing a violation of section 2903.311 (menacing by stalking) or section 2911.211 (aggravated trespass) of the Ohio Revised Code.
  • Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Ohio Revised Code.
  • Committing a sexually oriented offense as defined in section 2950.01 of the Ohio Revised Code.

Some readers may be wondering, “what is a Civil Protection Order?”  A Civil Protection Order (CPO) is an Order that can be granted by a Court upon hearing a petition alleging domestic violence.  It is initiated in the Common Pleas Court usually in the Domestic Relations Division. This is the civil counterpart to a criminal Temporary Protection Order (TPO) which is often issued against a defendant charged with a crime such as domestic violence, menacing or … Read More... “Can a Spouse Obtain a Civil Protection Order for Verbal Abuse?”

Ohio Domestic Violence Proceedings – The Survey Says . . .

dv2.jpgThis is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations. Most courts will provide a petition form that you would need to complete. When you fill out the form, it will ask you questions about the alleged incident(s). Be sure to list sufficient information to put the other party on notice of what … Read More... “Ohio Domestic Violence Proceedings – The Survey Says . . .”

Lingo You Might Not Know From the Divorce World

terms.jpgIf you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:

AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.

BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.

CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.

CONTINUANCE – A delay or postponement of a scheduled court appearance.

CPO – A “civil protection order”. An order which can be issued by the court in a domestic violence proceeding requiring a person to vacate a home and cease all contact/communication.

DEPOSITION – A form of discovery where opposing counsel gets to ask questions orally to a party or witness under oath in the presence of a court reporter before trial.

DISCOVERY – The early phase of a case where each side requests information relevant to the issues at hand. This phase may include depositions, interrogatories, production of document requests, and requests for admissions.

DV – Short for a “Domestic Violence” action.

GAL – Short for “Guardian … Read More... “Lingo You Might Not Know From the Divorce World”