If you’ve been served with a restraining order in Cleveland, you may feel scared, confused, and unsure of what to do next. A restraining order, also known as a protective order, is a legal order that prohibits you from contacting or going near the person who filed the order against you. Violating a restraining order can result in serious consequences, including fines, jail time, and a permanent criminal record.
As Cleveland restraining order lawyers, we understand the stress and anxiety that can come with being accused of violating a restraining order. Our goal is to provide you with the guidance and representation you need to protect your rights and fight the charges against you.
In this article, we explain who can get a restraining order, the different types of restraining orders in Cleveland, and the consequences of violating a restraining order. If you have been served with a restraining order, it is important to understand your rights and legal options. Botnick Law Firm can help. Call us today.
In the State of Ohio, a restraining order, also known as a protective order, can be issued against:
However, it is important to note that non-household and non-family members can also obtain a restraining order against you in certain situations. For example, if someone has been the victim of domestic violence, stalking, or harassment by you, they may be able to obtain a protection order against you even if they are not related to you or do not live with you.
It’s important to understand that a restraining order can have serious consequences for the person against whom it is issued. It can restrict your freedom of movement and limit your ability to communicate with the person who filed the order. Additionally, violating a restraining order can result in criminal charges, fines, and even jail time.
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There are a few different types of restraining orders in Ohio:
Civil protection orders can be issued in cases of abuse allegations. A CPO is much easier to obtain than a temporary protective order, or TPO.
With a CPO, there only needs to be a preponderance of evidence, whereas, with a TPO, there must be evidence beyond a reasonable doubt. Under the preponderance standard, the alleged abuse victim only needs to show that there’s a greater than 50% chance that their claim is true.
A CPO may also contain other provisions, such as:
To obtain a CPO, the victim must file a petition in court. The order may be awarded after a hearing, but if the victim appears to be in “present and immediate danger,” an emergency CPO can be awarded.
In case of a domestic violence conviction, a temporary protection order (TPO) may be issued. A TPO is only effective for a short period of time and offers more limited relief.
A TPO may order you:
Unlike a CPO, a TPO cannot contain orders for spousal support, child support, or counseling.
A TPO can be issued through a petition in court, a police officer in connection with a criminal case, or at the prosecuting attorney’s request.
Violating a temporary restraining order can result in jail time, bond revocation, or being charged with a separate crime.
If someone who is not a family member or household member claims abuse, a criminal protection order may be issued.
A criminal protection order can only be ordered if any of the following charges are filed:
Children are not included in this order unless they are also victims of abuse.
Restraining orders are temporary, but depending on the type of protection order that is issued, they may last for years.
If a CPO is ordered, you may be dealing with the restraining order’s requirements for years.
Once a restraining order is issued, you can be charged with a crime if the protected party claims that you violated the order. It can also cause issues with employment, housing, and educational opportunities.
Violating a restraining order can have severe consequences:
A conviction for violating a restraining order can have lifelong consequences. If you have been served with a restraining order in Ohio, it’s crucial to seek legal representation immediately to fully understand the terms of the order and explore your options for potentially fighting it.
If someone has petitioned the court to issue a restraining order against you, you will have the opportunity to defend yourself at a hearing. This hearing is critical because it could result in the injunction being dismissed. However, if you fail to appear or do not present a strong defense, the judge may finalize the order, making it legally binding.
Having an attorney represent you throughout the process will help ensure the best outcome for these hearings. Protect yourself from a protection order with the assistance of a criminal defense attorney.
Have you found yourself facing a restraining order in Ohio? It can be a confusing and overwhelming experience, especially when navigating complex domestic violence laws. But you don’t have to go through it alone.
The Botnick Law Firm is here to provide you with the help and guidance you need. Our experienced Cleveland domestic violence lawyers understand the serious consequences that come with a restraining order and are dedicated to protecting your rights and freedom.
Don’t wait to get the help you deserve. Contact us today for a free case evaluation and take the first step towards fighting back against the restraining order. Our Cleveland criminal defense lawyers will listen to your side of the story, provide you with honest advice, and work tirelessly to achieve the best possible outcome for your case.
You don’t have to face this alone. Let the Botnick Law Firm be your advocate and fight for your rights. Contact us today for a free consultation and take control of your future.
The process to charge someone that’s been accused of a crime begins with an arrest. If the police have reason to believe that someone has committed a crime, the accused can be taken into custody. Police will usually start by asking basic questions like name and address to identify a person, and then they’ll often pivot to more specific questions related to the incident. At some point during this, you should have been read your “Miranda warnings.”
You have the right to remain silent to avoid disclosing evidence that could potentially be self-incriminating, as well as the right to an attorney to defend you in court. Those are your unwavering rights that must be recited upon taking someone into custody. Take note of when these rights are read to you, as it could be helpful information for your attorney.
When you’ve been taken down to the station, police will fingerprint you and get your photograph to update their records. Once this is done, you should be granted the opportunity to contact your criminal defense lawyer. If you don’t have a lawyer, get a loved one to book a consultation with a lawyer on your behalf. It’s important that you do NOT disclose any details about your case over the phone with your loved ones, as those calls are monitored.
After you’ve made it through the booking process, the police may begin conducting their investigation with you. Depending on the situation, this might include a personal search, collecting samples, interviewing/interrogating, police lineups, etc.
You’ll be held at the station until you can be brought before a judge. The initial court appearance will happen within 48 hours or less of the arrest. Here, the judge will review the case and decide if there’s any reason to keep you in holding or if bail can be granted. If bail is granted, you’re allowed to be released upon certain conditions.
Depending on the seriousness of your allegations, you may have a preliminary hearing at which a judge can determine whether enough evidence exists to charge you with that level of crime. You’ll be able to plead “guilty” or “not guilty.” If you plead not guilty, your case will be sent to trial. You may get the opportunity to enter a plea deal. That’s something your attorney will advise you on.
In the discovery stage, the case against you is made much more transparent. The prosecutor will share the evidence they have against you with your defense attorney. During this time, your attorney can make additional requests for evidence if need be. All of the evidence on the table will be considered, and your lawyer will work with you to form the best plan for your defense.
If a plea deal is unable to be reached, the case will enter trial. During the trial, the prosecutor begins by presenting the case to the jury. They share any evidence they have against you and have witnesses make their statements for the prosecution. This can be tough to sit through. Afterward, it’s your lawyer’s turn to take the stands and share your side of the story. Your lawyer can question the prosecutor’s witnesses and all of the evidence that was used against you. There are many different strategies that your lawyer will use to defend you during the trial.
In a best-case scenario, you will have been found not guilty by the end of the trial, and the charges against you have been dropped. If you are found guilty, the judge must determine what your sentence/penalties will be. The sentencing will happen at another hearing, usually a few weeks after your trial ends.
If a judge grants a restraining order (or protection order) then they are ordering the defendant to stay away from the alleged victim. This means that the defendant cannot enter the victim’s home, place of work, or any other place they frequent. If the defendant violates this order, they risk being arrested.
A restraining order does not have to ruin your life! There is always a chance of getting the order dismissed, and even if that is not possible, it is unlikely that it will affect future employment or housing opportunities. That being said, violating a restraining order and having that arrest on your record, is more likely to impact future opportunities.
There are several reasons why a restraining order in Ohio might be dismissed. If the order was granted improperly, or if the order is no longer necessary, a judge has the ability to terminate the restraining order.
We have successfully represented clients across Northern Ohio. If you are facing criminal charges, we can help you too. Don’t delay. The district attorney is building their case against you right now.
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