Restraining orders are issued by judges and are legally binding until rescinded by court order.
Restraining orders are issued by judges to protect victims of abuse and harassment from further violence. In Ohio, there are two types of restraining orders: stalking or sexually oriented offense protection orders and domestic violence protection orders. They are issued by a judge following a full hearing at which both plaintiff and respondent have the opportunity to present their side of the story to the judge. Once a restraining order has been issued, it can be very difficult to have it dropped, and only a court order can legal rescind it.
Instructions
1. Appear at the scheduled court hearing. You will be given a notice of hearing, by law enforcement or a specialized process server, prior to the hearing. If you do not receive proper notice, a restraining order cannot be effective against you.
2. Present evidence to the judge that indicates that a civil protection order is unwarranted. The respondent must convince the judge that the plaintiff is not in need of protection from him and that the allegations of abuse, harassment or stalking are unwarranted. You must be able to prove that you have not attempted or actually caused the plaintiff bodily injury or placed him in "fear of imminent serious physical harm" using threats, menaced him by stalking or aggravated trespass or abused his child.
Relevant evidence can include personal or witness testimony; email or other written communication; photographs of injuries or damaged property; and any recent court action by or against the plaintiff.
Legal assistance can often be invaluable to the respondent in a protective order case. An attorney can help you make your case and successfully appeal a protective order.
3. Once a protective order is granted, the petitioner can request an order of termination of civil protective order by filing a form with the court. On this form, the petitioner must indicate and acknowledge that she is voluntarily, without coercion or threat, requesting the termination; that she understands she is entitled to full protection, but chooses to surrender it; that she no longer fears for her safety or well-being; that she has the right to an attorney; that she has the right to amend, rather than terminate, the protective order; and that she has the right to a hearing.
Once this form is filed, a judge will hold a hearing to determine if the protective order should be dropped. Only a court order can rescind an order of protection; if the respondent violates any part of it, even with the plaintiff's express permission, it is still a crime and he can be arrested.
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