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Orders of Protection
Professional Protective Order Attorney (lawyer) legal
services in Toledo, Northwood,
Sylvania, Bowling Green, and the surrounding
Northwest Ohio communities.
 Commonly
referred to as a
restraining order, an order of protection is a legal injunction
against an individual to provide protection for the individual who
has been subjected to domestic violence, repeated violent acts or
threats, date violence, stalking, harassment, or sexual
violence.
An order of
protection may be requested regardless of whether or not
any criminal charges based upon the incident were filed, reduced
or dismissed by the State Attorney's office.
With
offices conveniently located in Northwood,
Sylvania, and Bowling Green,
Ohio, Hizer & Schimmel provides professional
protective order attorney &
lawyer legal services for the greater Toledo
and Northwest Ohio area.
Types
of injunctions for orders of
protection include:
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Domestic Violence
Injunction:
Domestic violence means an assault,
aggravated assault, battery, aggravated battery, sexual assault,
sexual battery, stalking, aggravated stalking, kidnapping or
false imprisonment, or any criminal offense resulting in
physical injury or death to any family or household member by
another who is or was residing in the same single dwelling unit.
Family or household member means spouses, former spouses,
persons related by blood or marriage, persons who are presently
residing together as if a family or who have resided together in
the past as if a family, and persons who have a child in common
regardless of whether they have been married or have resided
together at any time.
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Repeat
Violence Injunction:
Repeat violence means two (2) incidents
of violence or stalking committed by the Respondent, one of
which must have been within six (6) months of the filing of the
Petition, which is directed a against the Petitioner or the
Petitioner’s “immediate family member.
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Dating
Violence Injunction:
"Dating violence" means
violence between individuals who have or have had a continuing
and significant relationship of a romantic or intimate nature.
The existence of such a relationship shall be determined based
on the consideration of the following factors: (a) A dating
relationship must have existed within the past six (6) months;
(b) the nature of the relationship must have been characterized
by the expectation of affection or sexual involvement between
the parties; AND (c) the frequency and type of
interaction between the persons involved in the relationship
must have included that the persons have been involved over time
and on a continuous basis during the course of the relationship.
Dating violence does not include violence in a casual
acquaintanceship or violence between individuals who only have
engaged in ordinary fraternization in a business or social
context.
-
Sexual
Violence Injunction: If you or a member
of your immediate family is a victim of sexual violence, you may
ask the court for a protective order (injunction) prohibiting
further sexual violence.
One of the
following factors must exist in order for you to qualify for a
Sexual Violence Injunction: The Petitioner has reported the
sexual violence to a law enforcement agency and
is cooperating in any criminal proceeding
against the respondent, regardless of whether or
not criminal charges based upon the sexual
violence have been filed, reduced or dismissed
by the State Attorney’s Office.
OR
The Respondent who committed the sexual
violence against the victim or minor child was
sentenced to a term of imprisonment in state
prison for the sexual violence and the
respondent's term of imprisonment has expired or
is due to expire within ninety (90) days
following the date the Petition for Injunction
for Protection Against Sexual Violence is filed.
If at least one of
the two above factors do not exist in your situation, you cannot
file for an injunction against sexual violence. However, you may
qualify for one of the other types of injunctions (domestic,
repeat or dating).
Regarding
orders of protection, it is important to have a
voice of experience on your side. Contact Hizer & Schimmel today by calling
(419) 693-0911
(Toledo & Northwood Area),
(419) 841-3600
(Sylvania Area),
or
(419) 353-2400
(Bowling Green area)
to see how we may be able to help you.
Hizer & Schimmel has the
experience and resources to effectively guide you through the
order of protection legal process. We always strive to
provide the highest
standard of legal representation to aggressively pursue your
injunction for an order of protection goals, while handling these cases with the utmost
discretion.
When you must seek to
both legally document and protect yourself against another by filing
for an injunction for an order of protection, please call our office
to schedule a confidential legal consultation by calling
(419) 693-0911
(Toledo & Northwood Area),
(419) 841-3600
(Sylvania Area),
or
(419) 353-2400
(Bowling Green area).
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