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  1. #1
    lurchgriffith is offline Junior Member
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    removing a restraining order

    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 didnít really care to see her again I didnít contest it or show up at the courthouse. Well, I received a ten year restraining order and again at the time I didnít care, but, in a little over a year I will be a pediatric nurse and I donít 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)?
  2. #2
    Ohiogal is offline Senior Member
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    Why and HOW did you receive a TEN year restraining order against you?
    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
    latigo is offline Senior Member
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    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:

    ďAny 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 donít 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 ďdomestic violence convictionĒ cannot be expunged from the respondentís 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 recordís search. But rely on what the attorney tells you.
  4. #4
    Ohiogal is offline Senior Member
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    Quote Originally Posted by latigo View Post
    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:

    ďAny 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 donít 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 ďdomestic violence convictionĒ cannot be expunged from the respondentís 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 recordís 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.
    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.

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