Can You Appeal a Restraining Order Decision in Ohio?

How Do Protection Orders Differ From Restraining Orders in Ohio?

Prosecutors, judges, and police officers in Ohio take domestic violence allegations seriously. To obtain a protection order or challenge a protection order issued against you in the Cleveland area, you will need the services and advice of a Cleveland restraining order lawyer.

“Restraining” orders in Ohio are distinct from “protection” orders. A restraining order is issued only during an ongoing legal case to stop either party from acting against the other while the case is pending. Ohio courts commonly issue restraining orders in divorce and legal separation cases.

However, a court may issue a protection order apart from any ongoing case to protect a victim from stalking or domestic abuse. Breaching a restraining order is a civil matter, and the court may penalize it with a contempt finding, but violating a protection order is a criminal offense.

When Are Restraining Orders Issued?

In Ohio, the court usually issues a temporary restraining order (TRO) when someone files for divorce or legal separation. A TRO remains in effect until the court modifies it or the divorce or separation is final.

A TRO is issued to prevent spouses from selling or giving away marital properties or assets, making large purchases, or taking other actions that negatively affect the marital estate. A TRO also prohibits divorcing and separating spouses from stalking, harassing, or abusing one another.

TROs are common in Ohio divorce and separation cases and do not necessarily accuse either party of doing anything wrong. The courts issue temporary restraining orders to protect both spouses during a highly emotional period of their lives.

What Do Temporary Restraining Orders Provide?

Not all TROs are the same, so you must review the specific order issued by the court in your divorce or separation proceeding. Usually, a TRO includes these prohibitions:

1. canceling or changing any insurance policy (health, life, auto, etc.)
2. withdrawing funds from investment or retirement accounts
3. selling or otherwise disposing of assets or properties
4. removing children from the county where they currently reside to establish a residence

How Do Protection Orders Work?

The terms “protection order” and “restraining order” are often used interchangeably in everyday conversation. Sometimes, when people in Ohio speak about a restraining order, what they really mean is a protection order a court issues to protect a victim of stalking, sexual abuse, or domestic violence.

If you are a stalking, sexual abuse, or domestic violence victim, the kind of protection order you need depends on your relationship with the abuser, the abuser’s age, the type of abuse, and whether you and the abuser are involved in a pending criminal proceeding.

If you need to obtain a protection order or if you need to challenge a protection order that a court has issued against you, immediately schedule a consultation to speak with a Cleveland protection order attorney.

What Protection Orders Are Available in Ohio?

The four types of civil protection orders in Ohio are:

1. Domestic violence civil protection orders protect family and household members: parents and children, foster parents and foster children, spouses and ex-spouses, cohabitation partners and former cohabitation partners, and parents of the same child.
2. If a dating partner who does not reside with you is abusive, you may request a dating violence civil protection order.
3. Sexually oriented offense protection orders and civil stalking protection orders protect stalking victims and the victims of sex crimes.
4. Domestic violence juvenile civil protection orders protect victims when the abuser is less than 18 years old.

In addition to civil protection orders, Ohio courts also provide these orders:

1. Domestic violence temporary protection orders protect the victims in ongoing criminal domestic violence cases when the abuser is a household or family member.
2. Criminal temporary protection orders protect the victims of assault, stalking, and sex crimes when there is no family or household relationship between a victim and abuser.

Can You Appeal a Protection Order?

To appeal a protection order decision in Ohio, you must file a notice of appeal within thirty days with the clerk of the court. Your notice of appeal must include a copy of the order you are appealing.

Appealing a protection order is complicated, with specific procedural requirements and deadlines. Ask your attorney to file the appeal notice on your behalf. Your attorney will explain your rights and how the process works.

What if the Allegation Against You is False?

Fabricated domestic violence claims are more common than many people think. If you are targeted with a protection order based on a false allegation, you must be defended by a Cleveland protection order attorney who will find the truth and fight aggressively for the justice you need.

False domestic violence allegations are made for all kinds of reasons. An ex-spouse may make an abuse claim to gain an edge in a child custody or property dispute. A resentful teen may make up a claim about a stepparent. Phony claims are sometimes made for no apparent reason at all.

If you are facing a fabricated domestic violence allegation, your Cleveland restraining order lawyer will fight aggressively to get to the truth and terminate any orders wrongly issued against you.

Bring Your Protection Order Case to Watson Kuhlman, LLC

If an Ohio court issues a protection order against you, there’s no need to search extensively for a qualified attorney. The help you need is right here. An attorney at Watson Kuhlman, LLC will defend you, protect your rights, and guide you through each step of the judicial process.

Watson Kuhlman offers uncompromising advocacy and practical legal solutions. When a dispute can be resolved out of court, we will pursue negotiations or guide you through mediation. If your case goes before a judge, we will work aggressively to prevail.

Now or in the future, if you are targeted by a protection order and you need to challenge that order, contact the offices of Watson Kuhlman, LLC immediately by calling 216-208-7858 to schedule your free first legal consultation. Our attorneys can put the law to work for you.