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  1. #1
    Join Date
    Feb 2010
    Posts
    3

    Question How to Get a Protection Order in Ohio

    My question involves restraining orders in the State of: Ohio



    Hey everyone! I am 22 years old and still live at home since I go to school full time. My 20 year old brother has been having his 20 year old girlfriend stay over here for the past 6 months or so on and off. She is addicted to pills (and so is he) and she is always snorting them in the bathroom and bringing drugs into my house. She also steals my stuff constantly! I couldn't even tell you how many different clothing items and shoes she has taken from me. She is afraid of me so she never says anything to me directly, but she makes threats to my brother about me saying she is going to "break my fake a** nose and my fake a** t*ts". My parents keep kicking her out but then they just keep coming back and feeding her pity stories so she can stay "just one night" (which of course ends up being like 20). She also has a warrant out for her arrest for not attending court due to her shoplifting! Can I get a protection order against her?

  2. #2

    Default Re: Protection Order in Ohio. is This a Good Enough Reason

    If your parents want to get an order, since it's their house, they can attempt to do so. You'll have a harder time - you've given us nothing that would make a court feel that you are in fear (fear for your stuff won't usually cut it - and statements made to your brother, but not to YOU, won't count since they are hearsay).

    If you know she has a warrant out for her arrest, have you called the police and told them when she's there?
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  3. #3
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Protection Order in Ohio. is This a Good Enough Reason

    Quote Quoting aardvarc
    View Post
    If your parents want to get an order, since it's their house, they can attempt to do so. You'll have a harder time - you've given us nothing that would make a court feel that you are in fear (fear for your stuff won't usually cut it - and statements made to your brother, but not to YOU, won't count since they are hearsay).

    If you know she has a warrant out for her arrest, have you called the police and told them when she's there?

    I HAVE called the police to tell them that shes there and has a warrant. However the warrant was issued in a different county (about 20 mins from my house) and they didn't want to come get her. And I really am in fear because she is a drug addict and drug addicts are totally unpredictable. They hang out with shady people who could barg into my house at any time. I actually have been seeing a psychiatrist due to panic attacks because of this girl. I also sleep with a pistol underneath my bed because I fear for my safety due to her drug addiction.

  4. #4

    Default Re: Protection Order in Ohio. is This a Good Enough Reason

    You can certainly TRY to get a judge to issue such an order, but the court is less concerned with what you fear MIGHT happen, as opposed to anything you can show a court that has ALREADY happened, directly to you, that would convince them for the need for the order. In other words, if your parents, who live there too, are perfectly willing to allow her into THEIR house, then there is an obvious conflict in opinions about exactly how POTENTIALLY dangerous she might be. Yes, drug addicts are unpredictable - but it takes MORE than that before a court is going to issue an order for her to stay away from a place where she is frequently invited by the resident property owner. Just hanging out with shady people isn't enough either. You need something CONCRETE, and, to realize that as much as you call it YOUR house, it's NOT - it's your parents house and ultimately without some substantial reason, that indicates fear based on something that has happened, not what you imagine COULD happen, ultimately your parents will likely be allowed to continue to allow her into their residence.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

  5. #5
    Join Date
    Feb 2010
    Posts
    3

    Default Re: Protection Order in Ohio. is This a Good Enough Reason

    My parents aren't inviting her into their residence though! She just shows up and they are too "nice" to tell her to get the f out!

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: Protection Order in Ohio. is This a Good Enough Reason

    Six of one, half a dozen of the other. Either way she's there with your parents' permission.

  7. #7

    Default Re: How to Get a Protection Order in Ohio

    The legal reality is that if your parents, who OWN and LIVE IN the home, allow her to be there, with or without warning, agreement, prior arrangements, or under ANY circumstances, the liklihood that any judge would issue the RO are about ZERO. ESPECIALLY if she hasn't made a direct, credible threat TO YOU.

    The nice thing about being over 18 is that if you don't like the living arrangements that your parents have established, including who they allow to be in the home, you are free to make arrangements of your own where YOU have the final say in who can and can't be on the premises. Their house, their rules, their guests, all under THEIR control, if they choose to take that control. If they don't, you're basically out of luck.
    Catherine NeSmith
    Executive Director
    AARDVARC.org, Inc.
    http://www.aardvarc.org

    Fave Big Bang Theory site: Sheldon Cooper Fans

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