My ex’s husband has filed a Civil Protection Order (Stalking) in Ohio against me.
I am waiting to hear from my attorney, but am interested in advice or experience in contesting fraudulent orders of this nature. I am not looking for legal advice, just web resources or tales of personal experience. My full hearing is in a couple days, so I’m trying to be proactive while waiting on attorney to call me back.
Unfortunately, most of his statements given as evidence are vague and reach back twelve years (alleging that I flash my brights at him or revv engine, hang-up calls from “unknown number”, “causing problems for his family”, etc. without specific dates and times to allow me to dispute or alibi).
From looking around online, the best advice I can find, aside from lawyering up, is to address all the points he raised, and paint a (true) credible counter-story.
I would even just let this go (as I have no interest in contacting the SoB), but my minor child lives in the home with him and my ex, and this would make our shared parenting visitation exchanges very complicated (in addition to letting a bunch of lies stand on record during our custody dispute).
I’m wondering if anyone else has had any success getting such specious orders dismissed and how they (or their lawyer) did it. I AM NOT SEEKING LEGAL ADVICE and will ultimately go with whatever strategy my attorney recommends, just looking for any tips or experience, as I feel so powerless sitting and waiting.
a) worried that it seemed enough for the court to issue the order (although I imagine they have to error to the side of caution when somebody claims stalking, no matter how laughable)
b) going stir-crazy waiting to do something about it. If I had specific times and dates, I could get my phone records or see if that was a church night, etc.
I know it is difficult, but I would simply follow the advice of your attorney. Around the country, courts which hear restraining order cases range from kangaroo courts to those that have a semblance of fairness. Your attorney will know more about how your local court handles things.
If this occurred in my home county, based solely upon what you’ve said, the judge would dismiss it pretty quickly.
I can only go by what happens in NJ. Things might be different there.
A temporary restraining order is relatively easy to get. The judge only heard one side of the story. Since it is only temporary the inconvenience is minimal so weighed against the possibility of further problems they err on the side of caution. Here it is possible to possible to immediately appeal but it is often just worth it to wait till the hearing since its usually within a week. At that time the judge heard both sides. If his case really has no merit and you don’t have a history of domestic violence the order will most likely not be made permanent. Go to the hearing. Follow the advice of your lawyer. And try not to worry too much. The judge deals with this crap every day and will not want to waste time on a claim with no merit.
jtgain, Loach, Thank you both for taking a moment to give feedback. Since I haven’t had a chance for sit-down w/ attorney yet, it really does help just to talk about this.
I have no domestic violence history at all. In fact, in the counties I lived in the last 12 years, the entirety of my criminal record is a DUI in 2001 and two financial/debtor things (Certificates of Judgment, both for medical bills). One police report from my ex five years ago, stating that I was bothering her at home and various other locations. The police noted I had an ex parte custody order and was trying to locate my children. :smack:
His history in last 12 years? Two DVs (both involving TPO’s on him from my ex, both dismissed when she failed to appear and moved him back in), the earlier one with bonus of obstructing official business, resisting arrest, and criminal damaging (kicked side window out of township police cruiser while handcuffed in back), a DUI, driving under suspension, an assault (got in fight w/ stranger at ATM), three disorderly conducts (w/ or w/o intoxication), and on top of all that nine or ten police calls requiring dispatch for domestic disturbance (ALL of the above are documented). :mad:
I am praying the domestic relations court Magistrate sees this for the ridiculous ploy that it is. My ex and her winner hubby know that I am coming back for full custody of my son as soon as I get my tax refund, so this is just a preemptive strike against me.
The last DV was four months ago, and the TPO was dropped the day before he filed his CPO on me, because I came to his hearing and spoke to the prosecutor and crime victim advocate (regarding my children, plus she was bored since my ex doesn’t show up as witness, leading to dismissal). I’ve come to the courthouse for his DUI and previous DV also. This seems to have been the trigger for his petition- he feels harassed that I come to public trials to find out what is happening in that household, and made up a bunch of bunk to make it look like a bigger pattern of stalking.
For the couple of people that took time to comment-
the temp order was vacated, the motion for permanent order was dismissed.
This was “negotiated” between the lawyers before ever setting foot in front of magistrate.
I never had to speak a word on the record, and only had to sit there long enough for the lying POS to swear he was dropping it of his own free will, not under threat or promise, etc etc. and it was done. Faith in justice system affirmed. Cost to petitioner.
