Civil Protection Orders

 

 

Columbus, OH Civil Protection Order Lawyer

 

At Freeman & Lund, both Wes and Chelsea have represented clients in Civil Protection Order cases.  These cases and hearings can be factually complex and emotionally charged, so it is a good idea to hire an attorney to represent your interests.  Below is some basic information about Civil Protection Orders.

Types of Protection Orders

 

  1. Domestic Violence Temporary Protection Order
  2. Criminal Protection Order
  3. Civil Protection Order
  4. Civil Stalking or Sexually Oriented Offense Stalking Order
The first two types of protection orders are filed through the prosecutor’s office and are attached to criminal cases. The second two types are cases filed in Domestic Relations or Common Pleas court and that Freeman & Lund can assist you with.
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Parties to a Protection Order

At Freeman and Lund, we have successfully represented both the party filing the motion (petitioner) and the party that was filed against (respondent).  A CPO is crucial to a petitioner because it can provide additional safety by giving legal protections if the respondent violates the order.  They can face up to 180 days in jail for the first violation. 

For the respondent, the granting of a CPO not only exposes that person to the potential jail-time, but can result in firearms disqualification, zones of exclusion, and many other negative consequences.  Therefore, it is very helpful to hire an attorney to represent your interests regardless of what side of the petition you are on. 

Process

A Civil Protection Order begins when a petitioner has filled out an application for a protection order and filed it with the court.  Sometimes it can be difficult to know which form to fill out and where to file the form, as both differ based on the circumstances.  At Freeman & Lund, we can help you figure out which form is best, where to file, and how to fill out the application.

Once the proper paperwork is filed, the court will decide whether or not to grant an ex-parte order.  At the ex-parte hearing, the petitioner will be able to state why he or she wants the order to be granted without the respondent being present.  The presiding magistrate will make a decision and either grant or deny the ex-parte order.  A full hearing will then be scheduled within 10 days of the ex-parte hearing.

At a full hearing, both parties can introduce evidence, call witnesses, and testify in front of the Judge or Magistrate.  After all testimony and evidence, the Judge or Magistrate will grant an order or dismiss the case.

 

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Consent Agreements

Both parties at a Protection Order Hearing can agree to terms rather than have a hearing.  For example, parties can agree to a shorter term for the order, exceptions for visitation of children, etc.  This agreements can be hard to draft without proper legal representation.  At Freeman and Lund, we have drafted several consent agreements for petitioners and respondents.

New Case Results

First Degree Misdemeanor Failure to Comply Dismissed.  A recent Freeman & Lund client was pulled over by Columbus Police.  He was asked to exit the vehicle at gunpoint.  After he lawfully pulled over and exited the vehicle, he got angry with police for pointing guns at him when he had not committed a crime. 

Attorney Wes Freeman was able to show that his client had done nothing wrong, was pulled over without a reason, and was forced out at gunpoint because the police identified the wrong suspect.  Wes was able to get all charges completely dismissed.

OVI Charges Thrown Out.  Our client was pulled over for speeding (nearly 30 miles per hour over the posted speed limit) and failing to use a traffic signal.  After approaching the vehicle, the officer noticed our client had a strong odor of alcohol on his person, bloodshot/glassy eyes, and slow and slurred speech.  The officer conducted Standardized Field Sobriety Tests and our client exhibited more than the minimum number of clues officers look for on each test.  Despite the weight of the evidence, Wes Freeman was able to get all charges dismissed at a Motion Hearing. 

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