The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case

consent agreement domestic violence protection order

What is a Consent Agreement in a Civil Protection Order (CPO)?

consent agreement domestic violence protection orderA Consent agreement in a civil protection order occurs when the parties agree upon the terms of the protection order. If the parties are able to agree upon the terms of the protection order , then there is no need for a finding of domestic violence nor is there a place in the Consent Agreement form to include a finding of facts. In a Consent Agreement , the accused is not admitting or denying that an act of violence ever occurred. The accused is simply agreeing to follow the terms of the civil protection order. Typically, one of those terms is that the respondent agrees to stay away from the petitioner.

What are the advantages of signing a Consent Agreement?

There are many benefits to signing a Consent Agreement.

For the Respondent, signing a Consent Agreement could be extremely appealing because then the Respondent does not have to admit or deny the allegations. The Respondent can avoid having to testify and can avoid having his or her character attacked at a hearing. Further, the Respondent can have a voice as to which terms and restrictions should or should … Read More... “The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case”

Blast From The Past: October is Domestic Violence Awareness Month – How Can You Help?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on October 14, 2017. October is Domestic Violence Awareness Month. We have listed links to resources and past blog articles to assist those in need during the 2020 Covid-19 pandemic. Let’s all do our part to help erase domestic violence everywhere in our world!

10 Tips to Have an Informed Conversation About Domestic Violence

domestic violence awareness month

October is domestic violence awareness month. Unfortunately, at one time or another we have all come across situations of domestic violence . As a divorce lawyer, I see examples of its tragic effects all the time. In Dayton we are very fortunate to have the Artemis House resource to assist victims of domestic violence!

In order to help spread ddomestic violence awareness about this terrible situation, I have posted below the “10 Tips to Have an Informed Conversation About Domestic Violence” published by the National Network to End Domestic Violence (NNEDV) https://nnedv.org/.  Also, at the end of this article, I have share links to some of the prior articles we have published on this topic on the Ohio Family Law Blog in the past. Let’s all do our part to … Read More... “Blast From The Past: October is Domestic Violence Awareness Month – How Can You Help?”

Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?

coronavirus domestic violence artemis center

Dayton’s Artimis Center Ready to Provide Help for Domestic Abuse Survivors Affected by the Coronavirus Stay-At-Home Order

coronavirus domestic violence artemis centerRecently I have read several articles online regarding the effect the various coronavirus shelter-in-place orders are having on domestic violence cases. Some places have seen a spike in those filings/incidents and others have not.

Logically, one might think that the quarantine orders along with the stress and financial hardship of COVID-19 would naturally result in a much higher number of domestic violence  incidents. To get a better handle on this situation locally, I reached out to Jane Keiffer, MSW, LISW, and the executive director of the Artemis Center in Dayton.

Interestingly, Ms. Keiffer shared with me that there has not been a spike in calls at Dayton’s Artemis Center since the stay at hone order went into effect on March 15, 2020. She said, “We believe that this is due to the abuser being at home, monitoring the victim, close quarters so calls are not private, phones are being taken away or broken. We do not believe it is because violence is not occurring.” Neither the Dayton Police or Montgomery County Sheriff Departments have seen an increase in domestic violence calls either.… Read More... “Wondering About Domestic Violence in the Coronavirus (COVID-19) Shelter-in-Place Era?”

Increase in Domestic Violence Filings in Montgomery County in 2019

domestic violence civil protection order montgomery county

Call The Police First When Facing Domestic Violence Issues?

domestic violence civil protection order montgomery countyIn the last 4 years in Montgomery County the Montgomery County Domestic Relations Court has cited that they have seen a 40 percent increase in the number of civil protection orders. Anyone, man or woman, can go to court and ask for a civil protection order  from another individual, if they feel threatened or endangered by that individual. There is not a fee involved to file the order, and the person filing can get a hearing immediately. The purpose of the order is to forbid the threatening party from contacting or going near the individual who feels endangered.

Of course there is no guarantee that the civil protection order will keep an individual safe from further harassment or even violence. The Montgomery County Relations Court  is finding that issuing protection orders is consuming greater than half of the entire caseload.  Chief Judge Denise Cross believes that in many cases the protection order serves it’s purpose and as a result the abuser does leave the victim alone. Judge Cross says that the first step for anyone who feels concerned for their safety is to call the police for help, and then go … Read More... “Increase in Domestic Violence Filings in Montgomery County in 2019”

How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases

domestic violence expert

Communication Crucial Between Attorneys And Experts in Domestic Violence Cases

The Trust Between Attorneys And Expert Witnesses Essential To Successfully Litigate A Domestic Violence case

domestic violence expertIf the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other’s expectations. How can this be accomplished?

It’s a slogan we all know: Customer satisfaction is priority number one. No different than a customer-salesperson relationship, a client embroiled in a domestic violence case who hires an attorney is looking for a positive result. Nonetheless, the attorney needs to manage the client’s expectations by properly informing the client of the intricacies and unpredictability of the legal process, and the client needs to understand the realistic potential outcomes.

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other’s expectations. How can this be accomplished?  Generally, managing is a proactive, continuous effort that will change depending upon new information and developments in the case. While the attorney and client need to be on the same … Read More... “How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases”

October is Domestic Violence Awareness Month – How Can You Help?

sad lady beside a lighted decorative star

10 Tips to Have an Informed Conversation About Domestic Violence

Domestic ViolenceOctober is domestic violence awareness month. Unfortunately, at one time or another we have all come across situations of domestic violence. As a divorce lawyer, I see examples of its tragic effects all the time. In Dayton we are very fortunate to have the Artemis House resource to assist victims of domestic violence!

In order to help spread awareness about this terrible situation, I have posted below the “10 Tips to Have an Informed Conversation About Domestic Violence” published by the National Network to End Domestic Violence (NNEDV) https://nnedv.org/.  Also, at the end of this article, I have share links to some of the prior articles we have published on this topic on the Ohio Family Law Blog in the past. Let’s all do our part to help eradicate domestic violence throughout society!

  1. NEVER victim blame.Abuse is never the victim’s fault. As a society, we continue to place blame on victims by asking, “What did she do to deserve that?” or “What was she wearing?” or “Why was she there?” or “Why couldn’t she just keep her knees together?” Yet we do not ask these questions to
… Read More... “October is Domestic Violence Awareness Month – How Can You Help?”

Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case

statue holding scales of justice

What does Forfeiture by Wrongdoing really mean in Ohio Courts?

Attorney Charles “Bill” Morrison has once again retaken the reins of the Ohio Criminal Defense Law Blog as it’s managing editor. Below is his recent post dealing with both domestic violence and evidentiary issues in the context of a criminal case. I thought that our Ohio Family Law Blog readers might enjoy it! Click on the Ohio Criminal Defense Law Blog link and click the follow button or use the email signup to become a regular reader.

forfeiture by wrongdoing domestic violenceWhile doing some research the other day for a current case, I read the most recent Ohio Supreme Court case on the ages-old doctrine of forfeiture by wrongdoing and boy did it have some, shall we say, interesting “takes” by our esteemed elected justices.  I’ll start with the basics:  every criminal defendant is entitled to confront the witnesses against him at trial.  In other words, if someone provides testimony at your criminal trial, you have the absolute right to cross examine that person.  This is an inviolate right under the 6th Amendment.  Did I say inviolate?  What I should say is that like all constitutional rights, when it gets too much in the … Read More... “Forfeiture By Wrongdoing – Ohio Supreme Court Bungles Domestic Violence Case”

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