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Bad CPO language

My client was allowed to text his ex-wife about the kids.  The kids were involved in a motor vehicle accident.  My client needed medical records to give to the insurance company.  The ex-wife knew she was angering my client by refusing to send the records.  Eventually, my client texted some things he should not have said.

Luckily, we were in a court that allowed for the facts of the dispute.  Remember, a violation of a CPO is a violation of an order of the court.  Facts around why the CPO was issued are normally not in play.

The judge saw that the ex-wife, the petitioner for the CPO, was heavily involved.  The case was resolved with my client's plea to a non-domestic, non-violence-related charge and he was put on probation.


Bad decision on CPO

My client was served with an initial ex-parte CPO and hired me to defend him.  He also had a divorce attorney who was less aggressive regarding litigating the criminal defense aspects of a CPO hearing.

My client wanted to see his kids.  Often, this blinds clients to the eventual outcome.  Often, a CPO application is a way to force the petitioner's vision of visitation.  If the respondent wants badly enough to see his kids, he will often consent to a CPO as long as visitation is included.

Bad idea!

Having negotiated a great visitation schedule and then consenting to the CPO, my client later hired me again to defend against an allegation of a violation.

 

Ohio Civil Protection Orders

The CPO

A civil protection order is an order issued by a court that keeps one person from contacting another person.  The court might issue a CPO to:

  • Keep one person from another due to instances of domestic violence

  • Keep one neighbor from another when there has been violence between them

  • Keep two people who once had a relationship apart when on is stalking the other

If there is a violation of a CPO, the crime is most often a misdemeanor.  It is most often punishable by up to six months in jail and a fine of $1000.00.


 

Respondent or Petitioner-no matter!

 

YOU NEED AN ATTORNEY!

 

No matter if you are applying for a CPO or defending against one,

take the time to call my office and obtain a free consultation.

 

440-777-1177

 



Obtaining a CPO

Defending against a CPO

CPO violations

Domestic Violence





While the below case is about domestic violence, it speaks to proving, rather than showing facts.

Domestic Violence:  Sometimes the defendant is actually the victim

The charges against my client were dismissed on the morning of the jury trial.

Prior to my involvement, my client was charged with domestic violence which was plead down to disorderly conduct.  She was not represented by an attorney.  Big mistake.  She indicated to anyone who would listen that she was the victim, not the boyfriend who had brought the domestic violence charges.  No one believed her.  She had to do anger management, mental health assessments, probation meetings, pay a fine, pay costs, etc.

She was again arrested.  This time she hired me.  I was able to prove to the city that her boyfriend was abusing her.  The abuse was horrific.  By the time the case was brought to trial everyone involved either believed she was the victim or, unable to actually say that, stated "we can't win this case so we are dismissing it".

PROVE IT, DON'T JUST CLAIM IT!

It is vital that you keep records, recordings, photographs and whatever other documents you can come up with to PROVE your claim.  Most cellular phones will record and in Ohio you can record any discussion as long as you are part of that discussion.

 



Ongoing attack by ex-wife's use of the CPO process

After my client was able to plea down a domestic violence in Texas, he and his ex-wife were divorced.  He returned to Ohio.  His ex-wife followed.  The ex-wife's problems originally started when she starred in a pornographic video.  She now believed he was responsible for publishing her activity here in Ohio.

 She filed a request for a civil protection order.  My client went to the hearing but was unable to navigate the legalese and properly defend himself.  He asked for a continuance to hire counsel.

He hired me and we returned to show the wife could not provide any reason she should fear harm.  We were able to show my client just wanted to get on with his life.  The order was lifted and they both went their separate ways.