Please please help

[Tlm7695]

What is the name of your state (only U.S. law)? Ohio
This is a total mess but I am at my wits end, so I'll take it from the beginning. My mother married a man that happened to live across the street from me, they were together roughly 2 years and are in the process for divorce, anyway, she moved away and on with another man. Now me and my fiancé are being constantly harassed by the man everytime we step out our front door, we have tried ignoring it and he just continues, we called the police and they won't help, after the first time we called the police he smashed the front window out of my car and one of the windows in the house, we called the police and there were no arrests, went unpunished. Now my fiancé was out front tending to her flower garden the other day, as a side note she is 7 months pregnant, and he constantly harassed her and she tried to Ignore him and he came up with a knife and tried to attack her, we had this recorded on camera, showed local authorities, and they made an arrest for aggrieved menacing, he was out in an hour on bond, we tried getting a temporary protection order and the judge refused to sign it today, what can I do? I am scared of my own actions because I don't want to miss out on my child's life because of a low life. This man has a heavy criminal past and isn't afraid of harming me or my family, I officially have my hands tied and don't know what I can do. The law seems to just be on his side. I don't have money to move. What can I do at this point.

 

[Tlm7695]

Apologize for spelling

Aggravated Menacing*

 

[Zigner]

You may wish to consider moving for your family's safety...

 

[HighwayMan]

You say he broke your car window and a house window but didn't see it. That's why no arrest was made - there was no probable cause for the police to arrest your neighbor.

If he was arrested "the other day" then you have not given the system enough time to take action against him. He was arrested and it's too bad he's out on bail but the criminal case against him is far from over.

 

[Tlm7695]

Thank you for replying

So you're saying there is still a chance to put this thing away? That would be wonderful.

 

[HighwayMan]

It could take months for his case to be resolved. Criminal cases do not take days to resolve.

 

[Ohiogal]

Is your mother aware of his behavior? If not, why not? Why also is she committing adultery?

 

[quincy]

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

... Now me and my fiancé are being constantly harassed ... they made an arrest for aggrieved menacing, he was out in an hour on bond, we tried getting a temporary protection order and the judge refused to sign it today, what can I do? ... What can I do at this point.

Why was your petition for a restraining order refused? Was the judge informed of the aggravated menacing charge?

The aggravated menacing charge is a misdemeanor. Here is a link to the law: http://codes.ohio.gov/orc/2903.21

Here is a link to information on restraining orders in Ohio: http://www.womenslaw.org/laws_state_type.php?id=90&state_code=OH

Why do you think your stepfather is harassing you and your fiancée?

 

[Ohiogal]

Why was your petition for a restraining order refused? Was the judge informed of the aggravated menacing charge?

The aggravated menacing charge is a misdemeanor. Here is a link to the law: http://codes.ohio.gov/orc/2903.21

Here is a link to information on restraining orders in Ohio: http://www.womenslaw.org/laws_state_type.php?id=90&state_code=OH

Why do you think your stepfather is harassing you and your fiancée?

They don't qualify for a CPO. The whole domestic issue. They haven't lived with this man. They may qualify for a civil stalking order.

 

[LdiJ]

They don't qualify for a CPO. The whole domestic issue. They haven't lived with this man. They may qualify for a civil stalking order.

You cannot get a CPO against someone unless you have lived with them? If you have a neighbor who is harassing/menacing you, you cannot get a protection order against them? I am not being snarky here, I just want to understand. The only option is if you can prove stalking?

 

[Ohiogal]

You cannot get a CPO against someone unless you have lived with them? If you have a neighbor who is harassing/menacing you, you cannot get a protection order against them? I am not being snarky here, I just want to understand. The only option is if you can prove stalking?

You cannot get a CPO against someone unless you have been in a domestic situation with them. If a neighbor is bothering you, you need to get a Civil Stalking Order which is issued by the general common pleas courts and NOT the family/domestic relations court. Stalking can consist not just of following but consistent harassment to get an order.

 

[quincy]

You cannot get a CPO against someone unless you have been in a domestic situation with them. If a neighbor is bothering you, you need to get a Civil Stalking Order which is issued by the general common pleas courts and NOT the family/domestic relations court. Stalking can consist not just of following but consistent harassment to get an order.

The neighbor in this situation is the stepfather of our poster. The neighbor is still married to Tlm7695's mother. Wouldn't that stepfather-stepson relationship qualify stepson Tlm7695 for a domestic violence protection order?

My understanding is that both civil stalking orders and protection orders are considered "restraining" orders. They are orders designed to restrain harmful conduct.

 

[Ohiogal]

The neighbor in this situation is the stepfather of our poster. The neighbor is still married to Tlm7695's mother. Wouldn't that stepfather-stepson relationship qualify stepson Tlm7695 for a domestic violence protection order?

My understanding is that both civil stalking orders and protection orders are considered "restraining" orders. They are orders designed to restrain harmful conduct.

He doesn't fit for a domestic violence protection order because he has not lived with the neighbor. They have not had that relationship when the abuse was happening. Not from my understanding of the situation. And yes civil stalking orders are considered restraining orders. But they are issued by a different court than CPO's.

 

[LdiJ]

He doesn't fit for a domestic violence protection order because he has not lived with the neighbor. They have not had that relationship when the abuse was happening. Not from my understanding of the situation. And yes civil stalking orders are considered restraining orders. But they are issued by a different court than CPO's.

OK, now I understand the terminology. Thank you.

 

[quincy]

He doesn't fit for a domestic violence protection order because he has not lived with the neighbor. They have not had that relationship when the abuse was happening. Not from my understanding of the situation. And yes civil stalking orders are considered restraining orders. But they are issued by a different court than CPO's.

Thank you, Ohiogal.



(once again I am missing the "like" feature)