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How Do I File A Restraining Order in Ohio?

Is someone posing a physical threat on the health of you, your children, and your love ones?  Are they damaging your mental or social well-being?  The best thing you can do might be to secure a restraining order.

You may feel like a restraining order is excessive or that you’re overreacting, but when it comes to someone posing as a danger to you in any way, your safety and security needs to come first.

If You’re In Danger Right Now, You Should Call 911

The first thing you should, if you or someone you know is in immediate danger, is to call 911.  This can put you in a safe place while you figure out your options.

With restraining orders, there are a variety of options available.  The need for proof and length/severity of restraint can vary from state to state.

In the state of Ohio, a judge can issue a civil or criminal protection order which can limit a person’s ability to interact with you.

Types of Restraining Orders Available

For civil cases, a Civil Protection Order or CPO may be issued, while a Temporary Protection Order or TPO is offered for criminal cases.  A CPO is generally easier to obtain than a TPO, as it requires a lesser standard of proof.

For a CPO, the accused must be your current or former spouse, someone whom you have a child with, someone you are dating or used to date, or anyone who lives or has lived in your home.  A CPO must be filed via a petition in court, and may last up to 5 years from the date of issuance.

A TPO may be obtained through a court petition, at the request of an attorney, or by a law officer in regards to a criminal case.  Because of the crime related nature of the TPO, the standard of proof is higher.

A TPO lasts through the duration of the criminal case it’s attached to.

Knowing Your Rights and Staying Protected

The rules and requirements of restraining orders can be difficult to navigate.  Also, the situations where they are needed can often lead to personal injury lawsuits and/or divorce.  The best way to ensure success and protect yourself is with the assistance of a lawyer experienced in family and criminal law.

The offices of Michael T Edwards can meet your needs, whether you need a domestic abuse attorney or a divorce attorney.  Springfield, Ohio residents can trust in Michael T Edwards.

41 E. Main St., Enon,
Springfield, OH 45323

937-864-2645