Protection/Restraining Orders Lawyer in Cleveland, Ohio, Helping Those Facing Protective Orders
Are you contending with a restraining order placed against you? A domestic relations court or common pleas court can order different restraining orders, even without proof of violence. The simple truth is that civil protection orders can be abused and misused. False restraining orders issued by an alleged victim can have long-term consequences for the person on the receiving end of the court order. If you’ve been accused of domestic violence or another criminal act and have received a restraining order, you must take legal action immediately.
The protection order lawyers of Watson Kuhlman, LLC, have nearly three decades of experience practicing law in Ohio. If you’ve been accused and are dealing with a new restraining order, please contact our Cleveland-based law firm to discuss your case in more detail. Our law firm offers a free consultation to all prospective new clients, so don’t delay; call today.
Are There Different Types of Restraining Orders in Ohio?
A temporary protection order (TPO), also known as a temporary restraining order, is issued in domestic violence cases. To be enacted, the victim must prove violence ‘beyond a reasonable doubt.’ The TPO is only active for a short time and offers limited relief for the supposed victims.
A civil protection order (CPO) is relatively easy to acquire, as it only needs an allegation of domestic violence and does not require evidence. The alleged victim only needs to show that there’s a fair chance that their claims are valid, and the court will likely accept their plea. An ex parte civil protection order can be enacted the same day if the judge overseeing the ex parte hearing deems there is reasonable cause to do so.
Family members or household members cannot issue a criminal protection order. The order can also be considered a civil stalking protection order. It requires charges for criminal acts like aggravated stalking, assault, or trespassing.
What Happens to a Person Who Has Restraining Orders or Civil Protection Orders Against Them?
Typically referred to as orders of protection in Ohio, different restraining orders have different effects.
A TPO will require the accused to remain away from the alleged victim and avoid the victim’s home and workplace. The temporary restraining order will also require no attempts at communication until the order has been allowed to expire. A TPO cannot contain orders for child support or alimony. Violations can result in jail time. A TPO lasts through the duration of the domestic violence case.
A CPO awards temporary child custody and child support to the victim and requires the accused to vacate the home. The accused will be required to seek counseling and cannot own a firearm while the order of protection is active. A CPO lasts for five years and can be renewed.
How is Domestic Violence Defined and Does it Affect Your Restraining Order?
Domestic violence is any assault, menacing, or threats against family members, household members, or ex-spouses in divorce cases.
Individuals may be guilty of domestic violence if they knowingly caused or attempted to cause physical harm. They may also be guilty if they made threats that others felt put them in imminent danger.
Is There a Way to Overturn a Frivolous Civil Protection Order?
Yes. If you face false allegations, a restraining order attorney will fight aggressively to terminate the orders against you.
Several Americans face unwarranted civil protection orders alone, believing no better option exists. But a restraining order attorney can help. It is worth it to take legal action to protect your good name, especially in cases where you may be forced to leave your home or not see your children.
Schedule a Free Consultation with Experienced Restraining Order Attorneys
If you’ve been heinously accused of a crime or violent act you did not commit, you need to hire an order of protection attorney. It is possible to challenge a false restraining order in court, but you will need an experienced lawyer if you wish to have a better chance of success.
Watson Kuhlman, LLC, has extensive experience serving the needs of clients across Ohio. To learn more about our legal services, please contact our Cleveland law offices for a free case evaluation at 216-208-7858.