Restraining order

[buckeye1288]

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

So my fiancee and I took her children to her ex's house to drop them off for visitation. He cam out of the house, and tried to assult me. The doors of the car were locked, and I never left the car. He tried to open the door, he was pounding on the window, then as I tried to pull away he jumped on the hood of the car. After he got off the hood, I went straight to the police station and filed a report. The officer noted the hand prints all over the window, the footprints on the hood, etc.

So, he filed a restraining order against me! I'm sure he's going to say I tried to run him over. It's completely bogus and I know it won't hold up in court.

A couple of questions.

1) Once (if) I'm served, should I get a lawyer?
2) Can I file a restraining order againt him due to the same incident, even though he has one filed on me?
3) If I have to get a lawyer, and after court the case is thrown out, is he responsible for my atty fees?

Any guidence is appreciated.

 

[Hot Topic]

Had he gone after you before? If so, you should have let your fiancee go alone to deliver the kids.

Get a police report to back your claim that he was the agressor.

Hire a lawyer if you're served.

If you sue him in criminal court, you can request that he reimburse your attorney fees in the lawsuit. They won't automatically be reimbursed if you win.

 

[buckeye1288]

He had gone at me before, but I have also been present to drop off the kids before as well, with no incident.

I do have the police report.

Is there any point to, or am I even allowed to file an order against him?

 

[Gracie3787]

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

So my fiancee and I took her children to her ex's house to drop them off for visitation. He cam out of the house, and tried to assult me. The doors of the car were locked, and I never left the car. He tried to open the door, he was pounding on the window, then as I tried to pull away he jumped on the hood of the car. After he got off the hood, I went straight to the police station and filed a report. The officer noted the hand prints all over the window, the footprints on the hood, etc.

So, he filed a restraining order against me! I'm sure he's going to say I tried to run him over. It's completely bogus and I know it won't hold up in court.

A couple of questions.

1) Once (if) I'm served, should I get a lawyer?
2) Can I file a restraining order againt him due to the same incident, even though he has one filed on me?
3) If I have to get a lawyer, and after court the case is thrown out, is he responsible for my atty fees?

Any guidence is appreciated.

1) You should definately get a consult with a local attorney if you are served.

2) Speak to a local attorney about this.

3) Yes, you have the right to request an order for him to pay your fees if you prevail.

Also, from now on you should NOT be present when the exchanges are made. And be sure to state that in court also. Obviously your fiancee's ex has some issues with you and since there is no legal reason for you to be present, it will help the entire situation.
If you and finacee are going somewhere else after dropping off the children, your fiancee can drop you off at a nearby store, drop the kids off and then pick you up and the 2 of you can go your merry way.

 

[buckeye1288]

I have left a message for my attorney. Since this happened Sunday, if I were to file this tomorrow, would the court look at the fact that it took me 3 days to file the order and wonder why it took so long? (Courts were closed Monday).

If I were to go today I need to go within 45 minutes, I'm pretty sure my attorney will not call back by then.