Abuser and cops think he can live with me

[Crystalline]

What is the name of your state (only U.S. law)? Ohio

Hi, On tuesday I was granted a temporary protection order against the father of my children whom lives with me. The case is being heard on monday and I could lose the protection order then if it is settled. My problem is that the chief of police brought him over to pick up some things after I got my tpo and said several times that I couldn't evict him and that he could come back after the hearing was over.

Does this man have a right to live in my house? I own it, it is in my name, and he has only worked one month out of the last two years so he hasn't been paying the expenses. I'm ill over the possibility that him and the police believe he can come right back.

 

[Proserpina]

What is the name of your state (only U.S. law)? Ohio

Hi, On tuesday I was granted a temporary protection order against the father of my children whom lives with me. The case is being heard on monday and I could lose the protection order then if it is settled. My problem is that the chief of police brought him over to pick up some things after I got my tpo and said several times that I couldn't evict him and that he could come back after the hearing was over.

Does this man have a right to live in my house? I own it, it is in my name, and he has only worked one month out of the last two years so he hasn't been paying the expenses. I'm ill over the possibility that him and the police believe he can come right back.

Unfortunately, that's accurate. If the PTO is dropped, he has the right to move back into his home. You would then, if you want rid of him, have to evict him legally according to the laws in Ohio.

It doesn't matter who owns the house, because legally he can be considered a tenant.

 

[Crystalline]

Unfortunately, that's accurate. If the PTO is dropped, he has the right to move back into his home. You would then, if you want rid of him, have to evict him legally according to the laws in Ohio.

It doesn't matter who owns the house, because legally he can be considered a tenant.

So even though he will be convicted of domestic violence against me, doesn't own the home or have any bills in his name, and has given his moms address as his address in court, he can still live with me? I have the opportunity to address the court on monday. Is this something I can ask for or clarify?

 

[Proserpina]

So even though he will be convicted of domestic violence against me, doesn't own the home or have any bills in his name, and has given his moms address as his address in court, he can still live with me? I have the opportunity to address the court on monday. Is this something I can ask for or clarify?

Okay - is there a reason why the TPO would be dropped?

Is there actually a criminal case against him?

 

[Crystalline]

Okay - is there a reason why the TPO would be dropped?

Is there actually a criminal case against him?

Yes, it is a domestic violence in the first degree? I believe if he pleads guilty then the TPO is over because the case is over, it's only valid as long as the case is active. I only asked for counseling with jail time if he doesn't complete counseling. I can also ask for a no association order for 2 - 5 years but with children thats usually hard to work out visitation. I don't want him not to see his kids, just not to live with me anymore because the violence has slowly escalated and the last attack was in front of our children.

The case is being heard on monday.

 

[Proserpina]

Yes, it is a domestic violence in the first degree? I believe if he pleads guilty then the TPO is over because the case is over, it's only valid as long as the case is active. I only asked for counseling with jail time if he doesn't complete counseling. I can also ask for a no association order for 2 - 5 years but with children thats usually hard to work out visitation. I don't want him not to see his kids, just not to live with me anymore because the violence has slowly escalated and the last attack was in front of our children.

The case is being heard on monday.

WHICH case is being heard on Monday - the criminal case, or the TPO hearing?

They're two different things.

 

[Crystalline]

WHICH case is being heard on Monday - the criminal case, or the TPO hearing?

They're two different things.

The criminal case, as far as I know the tpo just goes away after the criminal case is done.

 

[sandyclaus]

The criminal case, as far as I know the tpo just goes away after the criminal case is done.

Allow me to clarify.

The TPO is a civil action, intended to protect you from further abuse. It is a TEMPORARY order. It should remain in effect until the hearing on a final and permanent protection order.

As far as him living in the house, if it's determined that he is no longer a threat to you, then YES, he can move back into the house. If the court sees fit to drop the TPO, then that is support showing that the man is no longer a threat to you. You can ask at the upcoming hearing for his criminal charges that the judge order a permanent protection order for you in the event that he is convicted.

 

[Proserpina]

Even if he's NOT convicted, you may be able to get the order made long term.

(Thanks sandy, for the clarification )

 

[Ohiogal]

WHICH case is being heard on Monday - the criminal case, or the TPO hearing?

They're two different things.

NO THEY ARE NOT. A TPO goes with a criminal charge. If the criminal case is being heard on Monday and it ends, then the TPO ends. OP should file for a CPO in Domestic relations court which will cover everything -- including possession of the home, visitation with and child support for the children, and various other issues.

 

[Ohiogal]

Allow me to clarify.

The TPO is a civil action, intended to protect you from further abuse. It is a TEMPORARY order. It should remain in effect until the hearing on a final and permanent protection order.

As far as him living in the house, if it's determined that he is no longer a threat to you, then YES, he can move back into the house. If the court sees fit to drop the TPO, then that is support showing that the man is no longer a threat to you. You can ask at the upcoming hearing for his criminal charges that the judge order a permanent protection order for you in the event that he is convicted.

Too bad you are incorrect. A TPO is aligned with a criminal case in Ohio. A CPO is the one to which you speak. So you are incorrect completely.

 

[Ohiogal]

OP, on Monday IMMEDIATELY go to Domestic Relations court in your county and file for a Civil Protection Order. You will have an ex parte hearing that day and they can put the CPO into effect on a temporary basis (normally a year) until the final hearing. The final hearing is normally held within 2 weeks. The ex parte lasts a year to compensate in case someone asks for a continuance of the final hearing. At the final hearing, you will have to prove through admissible evidence that this man is a danger to you, that you had a relationship, and that you and the children (if asking on behalf of the children as well) should be protected from him.

The other people responding were incorrect in what they stated. The TPO against him will be dropped at the conclusion of the criminal case as it arose in the criminal case and it normally doesn't continue past then unless there are severe circumstances. The CPO is your better solution.

If the criminal case settles on Monday, then he could return to HIS home (which is also your home) unless you evict him or have a CPO against him.

 

[Proserpina]

Apologies, OP.

 

[Crystalline]

OP, on Monday IMMEDIATELY go to Domestic Relations court in your county and file for a Civil Protection Order. You will have an ex parte hearing that day and they can put the CPO into effect on a temporary basis (normally a year) until the final hearing. The final hearing is normally held within 2 weeks. The ex parte lasts a year to compensate in case someone asks for a continuance of the final hearing. At the final hearing, you will have to prove through admissible evidence that this man is a danger to you, that you had a relationship, and that you and the children (if asking on behalf of the children as well) should be protected from him.

The other people responding were incorrect in what they stated. The TPO against him will be dropped at the conclusion of the criminal case as it arose in the criminal case and it normally doesn't continue past then unless there are severe circumstances. The CPO is your better solution.

If the criminal case settles on Monday, then he could return to HIS home (which is also your home) unless you evict him or have a CPO against him.

Thank you so much for clarifying! I really appreciate it. The Victims Advocate said that the CPO is harder to get thank a TPO. I haven't tried to get a CPO because of that, because his form of abuse is emotional, with the threat of violence occasionally, he hasn't hit me but grabbed me, threatened me, threatened to use the kids against me, burn the house down, etc.

I really don't want to keep him from his children, but I cannot live with him or be with him. I don't want to ruin my children because I never stood up for myself.

 

[xylene]

I really don't want to keep him from his children, but I cannot live with him or be with him. I don't want to ruin my children because I never stood up for myself.

Why do keep coming back to that point about making sure he sees his children?

It is HIS place to advocate for that.

He threatened to kill you and these children. That's what someone means when they say they are going to burn the house down.