How to Get Firearms Returned After a Protection Order Expires

[NickToledo]

My question involves restraining orders in the State of: Ohio

I had several firearms seized because of a restraining order. The order has now expired but I'm told by Sheriff's department that they can't release my property without a court order.

I would like to do this without the help of an attorney.

I've inserted my first draft of the motion below.

I would like to know how to denote attachments (ex. a copy of the receipt for the seized items and the CSPO) and do I need to put in a section for the judge to simply approve such as "Upon review this court orders the Wood County Sheriff to return the property to Mr. Smith, date, signature".

I would also like to know if I'm missing anything.

IN THE COMMON PLEAS COURT OF WOOD COUNTY, OHIO

John Smith 123 Main St City, State 12345 Plaintiff

Case No.: XXXXXXXX Judge Michael Jones PRO-SE MOTION FOR RETURN OF PROPERTY

John Smith moves this Honorable Court to order the return of property seized and presently held by the
Wood County Sheriff’s Department. In support of this motion Mr. Smith states the following:

1. On March XX, 2007 a temporary civil protection order was filed in Wood County Ohio against Mr. Smith.
2. On March XX, 2007, Wood County Sheriff Deputy Ridely seized the following three items from Mr. Smith:
   
   1. Item 1.
   2. Item 2.
   3. Item 3
   
   
3. On July 23, 2007 a protection order was ordered by the court for a period of 5 years.
4. On July 23, 2012 the protection order expired.
5. Plaintiff is not disqualified under any state or federal law from possessing a firearm.
6. Plaintiff has has attempted to obtain the release of the property but the Wood County Sheriff’s Department

has refused to release said property without an order from this Court releasing the property.


WHEREFORE, the Plaintiff requests that this Motion be granted and the Court order the return of Plantiff’s property .
that


I swear under penalty of perjury that I have read this Motion and that the statements in it are true.
Signed this ______ day of _________________, 20___.



_________________________________
Plaintiff's Signature
_________________________________
Plaintiff's Printed Name
_________________________________
_________________________________
Address
_________________________________
Telephone

Sworn to and subscribed before me this _____ day of ___________________, 20___.

[Mr. Knowitall]

You're missing any mention of court rule describing proper procedure, statutory authority for the court's action... really any legal authority whatsoever. Courts often give pro se litigants a lot of latitude, but you can't count on that and I personally would always present my legal authority to the court.

[NickToledo]

Thanks for the input! I did a lot more research because of your reply and I found the correct sections of the ohio revised code to cite as well as a court ruling.

Thanks again.