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  1. #1

    Exclamation Question regarding Grounds for Restraining Order in Ohio

    I am in a desperate situation and seeking advice. I currently reside in Ohio. I am a male 24 yrs old. I am married and my wife is 22 yrs old. We have 1 son who just turned 1. Due to trying times we have been living with my wives parents for 3 years now. Here in the past week my wives aunt has been coming around more than she ever has before. Her background as a drug user, manipulator, thief, and just utter carelessness for any but her self have my wife and I very concerned. She has used up every last drop of her other family members and is now trying to snake her way into our household.

    Roughly 1 year ago, when she was confronted about replacing gas in the family vehicle, her, her son, and her daughter all became very threatening and harassing enough so that we had to call the authorities. Although it was a very dramatic scene we decided to not press charges after the authorities informed her of her wrong and she retracted. My wife has also told me that when she was only 12, her aunt got very physical over a disagreement, even shoving her to the ground and attempting to "fight" her.

    So we come to a point where we want absolutely nothing to do with her and do not trust her one bit, and as silly as it may sound, are concerned with our property, well being, and our son's well being. We have discussed our discomfort with my wives parents, only to feel disregarded.

    In a few months I will be leaving for my training for the service, and will be gone for a period of approximately 4 months, in which time I do not want to have to worry about my wife and son's well being. Moving is currently an easier said than done scenario, otherwise it would be done already. After I return from my training however, we will be relocating. Until then I feel our environment should remain safe, as it has been.

    Living with my wives parents make it seem very complicated because they are so naive and welcoming to her, although they know the type of person she is and they clearly understand the discomfort we have expressed. I feel as though, having lived here and contributed for 3 years, we should be entitled to some say in a situation, especially if we feel as threatened and worried as we do.

    So my question is this, based on these specific parameters, do we have grounds for a restraining order? It would really give us peace of mind to know that we won't have to worry about any problems, because as i stated before, she is a very theatrical and unpleasant person.

    I really wish to resolve this issue quickly before she causes any trouble again. Any help and advice would be greatly appreciated by me and my family! Thank you in advanced!

    Last edited by smithbrother88; 02-12-2012 at 05:21 AM. Reason: Clarify State of Law
  2. #2
    Join Date
    Dec 2005
    No you don't have cause for a CPO because the aunt does not appear to be one of the people for whom a CPO can be obtained to protect against.

    Parents should remember 3 things: Love your kids more than you hate your ex; when you have children the relationship with the other parent is until death; your children determine what type of nursing home you end up in.
    Nothing stated by me should be taken as giving you legal advice or forming an attorney/client relationship.

    Attorney-GAL in Ohio.

    I've removed the knife from my back, polished it, and will one day return it -- long after you think I have forgotten.
  3. #3
    Join Date
    Mar 2008
    Quote Originally Posted by Ohiogal View Post
    No you don't have cause for a CPO because the aunt does not appear to be one of the people for whom a CPO can be obtained to protect against.
    Exactly. The home belongs to OP's wife's parents. They can have anyone they want at their house. Unless there is actual danger (not unfounded fears), there won't be a restraining order.

    The only way to ensure that you keep this woman away from the child would be to get a place of your own and move out into your own place and then tell her to stay away. Until then, your in-laws are free to have your wife's aunt visit any time.

  4. #4
    Thank you for the quick responses, unfortunately that's what i was afraid of. Looks as though it's going to be a long week of packing. Thanks again for the advice!!

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