Domestic Abuse / Sexual

[smokin3161]

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

Ok here is my story, I am 23 years old. When I was about 12 I was accused of sexually assaulting my sister. There was an investigation an nothing ever came of it, I was cleared of the charges and it never came up for years. Now all these years later my sister is claiming she is Bi-Polar and bringing up these issues again. My sister is a light drug user and has no care for anyone else. She was admitted to the Psychiatric Ward and evaluated. Currently she is on medicine and trying to re push this issue. Today while I was at work I was called by my mother because I was being served with papers for a RO and a hearing. The Sheriff explained to me rights and what I had to do over the phone. He said 9 out 10 it would be thrown out.

I'm concerned because I have kids and now the whole family is involved. What are my options what should I do. I cant afford an attorney and I don't want to file any complaints I just want her to stop lying and leave me alone. Nothing ever occurred between us and she knows this. As kids we never got along and I think this her way of telling me she hates. Honestly I don't care. I just want this to all go away.

 

[Antigone*]

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

Ok here is my story, I am 23 years old. When I was about 12 I was accused of sexually assaulting my sister. There was an investigation an nothing ever came of it, I was cleared of the charges and it never came up for years. Now all these years later my sister is claiming she is Bi-Polar and bringing up these issues again. My sister is a light drug user and has no care for anyone else. She was admitted to the Psychiatric Ward and evaluated. Currently she is on medicine and trying to re push this issue. Today while I was at work I was called by my mother because I was being served with papers for a RO and a hearing. The Sheriff explained to me rights and what I had to do over the phone. He said 9 out 10 it would be thrown out.

I'm concerned because I have kids and now the whole family is involved. What are my options what should I do. I cant afford an attorney and I don't want to file any complaints I just want her to stop lying and leave me alone. Nothing ever occurred between us and she knows this. As kids we never got along and I think this her way of telling me she hates. Honestly I don't care. I just want this to all go away.

I'm sorry do you have a question?

 

[smokin3161]

Sorry I thought I made it clear, my question is what Do I do? What are my options and how likely is it that this will hold over this time now that we are adults.

 

[Antigone*]

Sorry I thought I made it clear, my question is what Do I do? What are my options and how likely is it that this will hold over this time now that we are adults.

I suggest that you dont' speak to anyone about this without an attorney present.

 

[Ohiogal]

Sorry I thought I made it clear, my question is what Do I do? What are my options and how likely is it that this will hold over this time now that we are adults.

Get an attorney. It is possible she can get a CPO against you. It is possible depending on her age that criminal charges could be pursued. However it also matters HOW OLD YOU WERE at the time -- exactly. About 12 is not specific enough. Were you 11? 12? 13? How old was she? What are the exact allegations?

 

[Just Blue]

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

Ok here is my story, I am 23 years old. When I was about 12 I was accused of sexually assaulting my sister. There was an investigation an nothing ever came of it, I was cleared of the charges and it never came up for years. Now all these years later my sister is claiming she is Bi-Polar and bringing up these issues again. My sister is a light drug user and has no care for anyone else. She was admitted to the Psychiatric Ward and evaluated. Currently she is on medicine and trying to re push this issue. Today while I was at work I was called by my mother because I was being served with papers for a RO and a hearing. The Sheriff explained to me rights and what I had to do over the phone. He said 9 out 10 it would be thrown out.

I'm concerned because I have kids and now the whole family is involved. What are my options what should I do. I cant afford an attorney and I don't want to file any complaints I just want her to stop lying and leave me alone. Nothing ever occurred between us and she knows this. As kids we never got along and I think this her way of telling me she hates. Honestly I don't care. I just want this to all go away.

How old was the your sister at the time of the alleged "sexual assault"?What was the allegation?

What is her "light drug use"?

 

[smokin3161]

Get an attorney. It is possible she can get a CPO against you. It is possible depending on her age that criminal charges could be pursued. However it also matters HOW OLD YOU WERE at the time -- exactly. About 12 is not specific enough. Were you 11? 12? 13? How old was she? What are the exact allegations?

Sorru i had to ask my mother, I was 13 and she would have been 10. Criminal charges were pursued when we were kids and it was dropped. The exact allegations are that I sexually assaulted her.

 

[Just Blue]

Sorru i had to ask my mother, I was 13 and she would have been 10. Criminal charges were pursued when we were kids and it was dropped. The exact allegations are that I sexually assaulted her.

No. That is not the "exact" charge.

Were you alleged to have raped her? Had her "touch" you? What is the statue you had been charged with???

 

[Ohiogal]

Sorru i had to ask my mother, I was 13 and she would have been 10. Criminal charges were pursued when we were kids and it was dropped. The exact allegations are that I sexually assaulted her.

The fact that you were 13 at the time matters due to the way the law is written in Ohio. It is possible that criminal charges could be pursued now as long as they were not dropped with prejudice. GET AN ATTORNEY.

 

[OHRoadwarrior]

It appears these are the criteria the court will use, when evaluating her claim.
http://codes.ohio.gov/orc/3113.31

(c) In considering whether to modify or terminate a protection order or consent agreement issued or approved under this section, the court shall consider all relevant factors, including, but not limited to, the following:

(i) Whether the petitioner consents to modification or termination of the protection order or consent agreement;

(ii) Whether the petitioner fears the respondent;

(iii) The current nature of the relationship between the petitioner and the respondent;

(iv) The circumstances of the petitioner and respondent, including the relative proximity of the petitioner’s and respondent’s workplaces and residences and whether the petitioner and respondent have minor children together;

(v) Whether the respondent has complied with the terms and conditions of the original protection order or consent agreement;

(vi) Whether the respondent has a continuing involvement with illegal drugs or alcohol;

(vii) Whether the respondent has been convicted of , pleaded guilty to, or been adjudicated a delinquent child for an offense of violence since the issuance of the protection order or approval of the consent agreement;

(viii) Whether any other protection orders, consent agreements, restraining orders, or no contact orders have been issued against the respondent pursuant to this section, section 2919.26 of the Revised Code, any other provision of state law, or the law of any other state;

(ix) Whether the respondent has participated in any domestic violence treatment, intervention program, or other counseling addressing domestic violence and whether the respondent has completed the treatment, program, or counseling;

(x) The time that has elapsed since the protection order was issued or since the consent agreement was approved;

(xi) The age and health of the respondent;

(xii) When the last incident of abuse, threat of harm, or commission of a sexually oriented offense occurred or other relevant information concerning the safety and protection of the petitioner or other protected parties.

 

[OHRoadwarrior]

Here are the potential violations that can result in the order being issued. If it were me, I would be prepared to address any raised.

http://codes.ohio.gov/orc/2919.26

 

[smokin3161]

How old was the your sister at the time of the alleged "sexual assault"?What was the allegation?

What is her "light drug use"?

No. That is not the "exact" charge.

Were you alleged to have raped her? Had her "touch" you? What is the statue you had been charged with???

Yes she alleged I raped her and touched her inappropriately. But charges never came up, there was an investigations and that was it. I was never brought up on any charges.

 

[Just Blue]

What was the statute under which you were charged with

 

[Ohiogal]

It appears these are the criteria the court will use, when evaluating her claim.
http://codes.ohio.gov/orc/3113.31

Nope that is not what the courts will use because it is to AMEND a CPO. Not start a new one.

 

[Ohiogal]

Yes she alleged I raped her and touched her inappropriately. But charges never came up, there was an investigations and that was it. I was never brought up on any charges.

Then the case could not have been DISMISSED. You could be brought up on charges and it could be pursued at this time.