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removing a restraining order

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lurchgriffith

Junior Member
What is the name of your state (only U.S. law)? OHIO

Back in 2005 I had my now ex-girlfriend arrested for domestic violence, and placed a temporary restraining order on her. I never went through with the charges on my own and the temp order was dropped. In some sort of retaliation she filed a restraining order on me, and since I didn’t really care to see her again I didn’t contest it or show up at the courthouse. Well, I received a ten year restraining order and again at the time I didn’t care, but, in a little over a year I will be a pediatric nurse and I don’t know if this will affect me getting a job, so, I want to see if I can get the order removed. I have had no contact with her and I have no idea where she lives, I just know she no longer lives at the address she put on the order. How can I get this removed?

Thanks for your time,
BillWhat is the name of your state (only U.S. law)?
 


latigo

Senior Member
Something seems to be amiss here.

By Ohio statute, subject to being renewed, the maximum duration of a domestic protection order is five not ten years; to-wit:

“Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval." Ohio Code Section 3113.31(E)(3)(a)

You should consult with a criminal defense attorney in the state, but I don’t find anything in the Ohio Code permitting the expunction of the record of a protection order. The only reference I find remotely related is one that states that a “domestic violence conviction” cannot be expunged from the respondent’s record.

Accordingly, it would be well to know what written findings (if any) the court made in supporting its conclusion that the issuance of the order was appropriate.

Since Ohio seems to regard domestic protection orders as civil and not criminal in nature, it seems questionable that the incident would be disclosed from a record’s search. But rely on what the attorney tells you.
 

Ohiogal

Queen Bee
Something seems to be amiss here.

By Ohio statute, subject to being renewed, the maximum duration of a domestic protection order is five not ten years; to-wit:

“Any protection order issued or consent agreement approved under this section shall be valid until a date certain, but not later than five years from the date of its issuance or approval." Ohio Code Section 3113.31(E)(3)(a)

You should consult with a criminal defense attorney in the state, but I don’t find anything in the Ohio Code permitting the expunction of the record of a protection order. The only reference I find remotely related is one that states that a “domestic violence conviction” cannot be expunged from the respondent’s record.

Accordingly, it would be well to know what written findings (if any) the court made in supporting its conclusion that the issuance of the order was appropriate.

Since Ohio seems to regard domestic protection orders as civil and not criminal in nature, it seems questionable that the incident would be disclosed from a record’s search. But rely on what the attorney tells you.
The problem is he thinks he has a 10 year CPO. That doesn't happen. What can happen is as part of a criminal sentence that while he is on probation or community control he cannot have ANY contact with the victim. Which if he received 10 years of probation for dong something to his ex then that explains it.

Which is why I asked my question.

As for a record search, YES a CPO shows up in record's searches. Quite a bit.
 

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