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Protection Orders

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bononos

Senior Member
What is the name of your state?What is the name of your state?
OH

Can a protection order be acquired in this circumstance?

Some may know...my ex is definately being looked at for a possible vehicle homicide. With his history of bi-polar, suicide attempts, previous protection order and his arrest for it's violation, weapons in home. Should he be arrested and bonded out, can I acquire a protection order for myself and children, one of which is his?

Detail if needed:
https://forum.freeadvice.com/showthread.php?t=301699

The more info. I've gotten, the more scared I am becoming. My actual interview with police is tomorrow morning, but when I spoke again with them a bit, it's him their looking at.
He went quite nuts when I filed for divorce, found sitting in the woods by the house when he wasn't to be there, snuck in home and destroyed the electric breakers, was talked out other woods by his father as he was in there threatening suicide and had a rifle, violated old order by calling about 30 times in 3 hours 2 days after I got the temp. order.
I am really starting to worry that should he be put in a position and face all this jail time, what will he do, espically if I might have to be a witness, hopefully not cause I have no info. on who did it, just after. Even if not, if he faces jail and screwing his life, I fear what he would do.
Can I get a protection order based on this?
I plan to ask the detectives tomorrow, but not sure if they'll know.
 


B

betterthanher

Guest
Yes, it definitely sounds like you would have a reason for one. But, I believe if you file for one, there will be a hearing scheduled (although you do have the option of having someone else there for you).

Here is the link to the Ohio Supreme Court site that has links and info regarding protection orders.

http://www.sconet.state.oh.us/spec_dockets/default.asp#forms
 

bononos

Senior Member
betterthanher said:
Yes, it definitely sounds like you would have a reason for one. But, I believe if you file for one, there will be a hearing scheduled (although you do have the option of having someone else there for you).

Here is the link to the Ohio Supreme Court site that has links and info regarding protection orders.

http://www.sconet.state.oh.us/spec_dockets/default.asp#forms
Thank you, I'm going to go through this link real good.
I just fear that I will have to wait until he actually does something before I can get one.
 

Ohiogal

Queen Bee
It depends. I filed for a restraining order against my husband (before the divorce) because i was locking myself in a room to keep away from him after he wouldn't take no for an answer, he cut the phone line going to that room, and various other things and he refused to leave the house. the judge just wanted to know if I had bruises. I said no> She said no. She then asked if he ever said "I am going to kill you now." Unless it was a direct immediate threat I couldn't get a restraining order or him removed from the house.
You may have had one previously but that doesn't mean you can get one now. And since you don't have bruises, and he hasn't threatened you and Amendment One of the Ohio Constitution is being used to prohibit domestic violence laws applying to non married individuals you may not be able to unless you take him to court and have a full hearing. Good luck.
 

snostar

Senior Member
bononos said:
I just fear that I will have to wait until he actually does something before I can get one.
This may very well be the case. Even if he was charged he will be considered innocent until proven guilty and convicted.
 
B

betterthanher

Guest
Ohiogal said:
You may have had one previously but that doesn't mean you can get one now. And since you don't have bruises, and he hasn't threatened you and Amendment One of the Ohio Constitution is being used to prohibit domestic violence laws applying to non married individuals you may not be able to unless you take him to court and have a full hearing. Good luck.
That is not correct. I have done extensive research on the Amendment you are talking about. It's called the Marriage Amendment, not Amendment One (you're thinking of it being referred to as "Issue 1" when it was on the state ballot in 2004).

The marriage amendment relates to couples that were NEVER married. Although the State has ruled that unmarried couples can not be charged with domestic violence (unless they have a previous conviction), but many courts on the local level are ruling differently.

There is also a specific order one can file against a person who is not a family member/unmarried.
 
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Ohiogal

Queen Bee
betterthanher said:
That is not correct. I have done extensive research on the Amendment you are talking about. It's called the Marriage Amendment, not Amendment One (you're thinking of it being referred to as "Issue 1" when it was on the state ballot in 2004).

The marriage amendment relates to couples that were NEVER married. Although the State has ruled that unmarried couples can not be charged with domestic violence (unless they have a previous conviction), but many courts on the local level are ruling differently.

There is also a specific order one can file against a person who is not a family member/unmarried.
I apologize for calling it the wrong thing. It was issue one and it is now the Marriage Amendment.

There have been several cases discussed in the past few weeks -- look at the archives of the Akron Beacon Journal and Cleveland Plain Dealer since September -- regarding the Marriage Amendment and domestic violence. Many judges are ruling that it can basically gut domestic violence laws if the couples are NOT married or have never been married. Some are ruling the opposite. A judge in Cuyahoga County just ruled that the Marriage Amendment is unconstitutional under the 14th Amendment of the US Constitutional (EDIT: BUT THAT IT DOES NOT IMPACT CURRENT DV LAWS IN ANY WAY because of the 14th Amendment Issue -- End edit). This Amendment has NOT been challenged regarding domestic violence laws yet at the level of the State Supreme Court yet. The State legislature believes it can not be used against domestic violence charges as does Focus on the Family (could be wrong about that group). However, the judges have split on that decision on the local level. The State Supreme will have to step in and rule definitively. I am waiting for that to happen. It should be soon.
There is an order that you can file against non family members however they have to either admit to the violent activity or be found guilty of it or agree to the no contact order. That is why the domestic violence law allowing a TRO with an ex parte hearing was and is so important.
Of course Ohio is the state where rape of a spouse is not against the law. The law specifically excludes it. So Ohio is not the front runner on a lot of things when it comes to domestic violence and protecting individuals (note I did not say women because men can also be victims of DV).
 
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betterthanher

Guest
Ohiogal said:
I apologize for calling it the wrong thing. It was issue one and it is now the Marriage Amendment.

There have been several cases discussed in the past few weeks -- look at the archives of the Akron Beacon Journal and Cleveland Plain Dealer since September -- regarding the Marriage Amendment and domestic violence. Many judges are ruling that it can basically gut domestic violence laws if the couples are NOT married or have never been married. Some are ruling the opposite. A judge in Cuyahoga County just ruled that the Marriage Amendment is unconstitutional under the 14th Amendment of the US Constitutional (EDIT: BUT THAT IT DOES NOT IMPACT CURRENT DV LAWS IN ANY WAY because of the 14th Amendment Issue -- End edit). This Amendment has NOT been challenged regarding domestic violence laws yet at the level of the State Supreme Court yet. The State legislature believes it can not be used against domestic violence charges as does Focus on the Family (could be wrong about that group). However, the judges have split on that decision on the local level. The State Supreme will have to step in and rule definitively. I am waiting for that to happen. It should be soon.
There is an order that you can file against non family members however they have to either admit to the violent activity or be found guilty of it or agree to the no contact order. That is why the domestic violence law allowing a TRO with an ex parte hearing was and is so important.
Of course Ohio is the state where rape of a spouse is not against the law. The law specifically excludes it. So Ohio is not the front runner on a lot of things when it comes to domestic violence and protecting individuals (note I did not say women because men can also be victims of DV).
I have the Cuyahoga County ruling and even talked to the people in the prosecutor's office who worked on it for Cuyahoga County.

The Amendment was an attempt to ban same-sex marriage, but the people who drafted the language were stupid to include the second sentence of the amendment, which threw everything into a quagmire.

What some Judges I've noticed don't seem to realize is the sticky 'wording' in that amendment is the reference to "legal status."
 

Ohiogal

Queen Bee
betterthanher said:
I have the Cuyahoga County ruling and even talked to the people in the prosecutor's office who worked on it for Cuyahoga County.

The Amendment was an attempt to ban same-sex marriage, but the people who drafted the language were stupid to include the second sentence of the amendment, which threw everything into a quagmire.

What some Judges I've noticed don't seem to realize is the sticky 'wording' in that amendment is the reference to "legal status."
I agree with you that the sticky wording is legal status. But what that means for DV TROs and Protection Orders depends on the judge it seems.
 

bononos

Senior Member
Thank you for all this info.
I will certainly ask the detectives tomorrow about my options and assistance they may be able to give me should things end up this way.
Who knows, maybe it's worth a shot, a judge can only say no.
 

Ohiogal

Queen Bee
bononos said:
Thank you for all this info.
I will certainly ask the detectives tomorrow about my options and assistance they may be able to give me should things end up this way.
Who knows, maybe it's worth a shot, a judge can only say no.
Correct. Always ask. The worst they can say is no.
 

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