Can My Ex- Still Contact Me After Getting a Protective Order

[Rickolai77]

My question involves restraining orders in the State of: Ohio
Recently about 2 weeks ago my wife went and got a domestic violence protection order. Since she did this. She has called me just about everyday. I do answer the calls, and at first she was disguising them or using other peoples phones to call. So we start talking again and then she all of sudden wants me back in her life. Well the hearing is in a couple of days. Yesterday something i said apparently made her very upset. We have been exchanging txts as well. Basically she is trying to get me to come to her place and I said no and that i will not until i see something stating the cpo is dropped. So now all of a sudden she won't talk to me. I wanted to know if she could actually take all these conversations to the hearing and try to sabotage me like this? She has been known to do stuff like that! And because of the fact that i responded to the calls and txts, will i be arrested for this? For violating a cpo? I'm so stressed because of all this. I cannot afford an attorney and i feel this lady has entrapped me, and has done so for her own benefit. She did put false accusations on the report. Things that never happened. I cannot go to the hearing because of no transportation and it being so far away from me.

[Antigone]

My question involves restraining orders in the State of: Ohio
Recently about 2 weeks ago my wife went and got a domestic violence protection order. Since she did this. She has called me just about everyday. I do answer the calls, and at first she was disguising them or using other peoples phones to call. So we start talking again and then she all of sudden wants me back in her life. Well the hearing is in a couple of days. Yesterday something i said apparently made her very upset. We have been exchanging txts as well. Basically she is trying to get me to come to her place and I said no and that i will not until i see something stating the cpo is dropped. So now all of a sudden she won't talk to me. I wanted to know if she could actually take all these conversations to the hearing and try to sabotage me like this? She has been known to do stuff like that! And because of the fact that i responded to the calls and txts, will i be arrested for this? For violating a cpo? I'm so stressed because of all this. I cannot afford an attorney and i feel this lady has entrapped me, and has done so for her own benefit. She did put false accusations on the report. Things that never happened. I cannot go to the hearing because of no transportation and it being so far away from me.

The no contact order means no contact. You were not very smart allow the contact. You need to make it to that hearing.

[Mr. Knowitall]

The restraining order is against you, not her. You need to stop violating the order, even if she contacts you first.

You can discuss the facts with a lawyer and see if you have a basis for getting the CPO narrowed or set aside based upon the fact that if she's repeatedly contacting you, she does not have the degree of fear that she suggested when seeking the restraining order. Your lawyer will help you evaluate whether the facts would support a motion and what relief you might obtain.

I don't know what you said that upset her, but if you made a threat the court may not care very much that she had initiated prior contact.

[tophat]

Yeah, well, telephone conversations generally cannot be recorded and used as evidence. If someone attempts to use a telephone conversation, you can argue that it's illegal evidence and make a motion to suppress. Furthermore, if you can bring to the judge evidence that she has been calling you, then you can more than likely get the order dropped and removed. Also, if she is contacting you, it's a green light to file against her and bring forth a harassment claim. Either way, I can see it easier for you to motion that the court dismiss the order.

You could go the attorney route, too.

The person was already retaliative in seeking the order against you. Because the person had worked up the ability to do such, you should worry about violating the order and having violations used against you. I would suggest you seek the consultation of a domestic violence attorney, one with knowledge in civil cases, and move forward from there. Many attorneys offer free consultations.

If she put down false allegations and attempts to bring charges, she might be prosecuted in criminal court. The criminal proceedings may be thrown out. You might be able to sue her. There is a lot of liability on the petitioner that comes with bringing criminal charges under false pretenses. You may want to learn about civil discovery, where the phone calls were coming from, and determine who the individuals were that lived at those residences: They may be friends of the petitioner. And you start building enough evidence to move the scale.

If she put false allegations in the petition, then deny them. It's very simple. The burden of proof will be on her. And even if there is grayness in the allegations, you may want to translate them to their criminal counterparts, learn the elements of those allegations, and if it's gray to you or you don't believe that the accusations hold any water, deny them. She will have to prove the allegations not only to the court but to you.

Keep in mind that it's civil court, the hearings generally don't last too long, and that the lack of a jury tends to mean the judge makes a biased opinion. The allegations are debateable. However, it's easy enough to deny them rather than debate the allegations, thus causing the petitioner to have to prove them. In a lot of ways, you're not judge and jury, so you could deny everything. Truth in court of allegations is kind of a ex-post-facto thing, whereby validity comes when the conviction occurs: But that doesn't mean you should press your luck as to whether or not something will lead to a conviction. I strongly doubt that charges will be pressed against you, though.

[Dogmatique]

Yeah, well, telephone conversations generally cannot be recorded and used as evidence. If someone attempts to use a telephone conversation, you can argue that it's illegal evidence and make a motion to suppress. Furthermore, if you can bring to the judge evidence that she has been calling you, then you can more than likely get the order dropped and removed. Also, if she is contacting you, it's a green light to file against her and bring forth a harassment claim. Either way, I can see it easier for you to motion that the court dismiss the order.

You realize that Ohio is a single-party consent state, yes?

And where is the harassment?

You could go the attorney route, too.

The person was already retaliative in seeking the order against you. Because the person had worked up the ability to do such, you should worry about violating the order and having violations used against you. I would suggest you seek the consultation of a domestic violence attorney, one with knowledge in civil cases, and move forward from there. Many attorneys offer free consultations.

How do you know the person was retaliative versus protecting herself?

[tophat]

Yes, so I have read.
I'm not interested in your debate of harassment. I gave my view.

How do I know the person was retaliative? It's so easy with these restraining order things, especially when the person does not press charges. And if there are false allegations, blatant lies of things that never happened, it's obviously malicious or the petitioner is mentally ill/confabulating. A piece of paper does not protect a person. It's a deterrent.

If she was protecting herself in order to prevent contact and communication, why was she calling the respondent?
They can be used maliciously to protect youself, too.

I can throw all kinds of questions back at you, Socrates.

Do you think courts should allow such behavior from a petitioner?
If the petitioner initiates contact, should it be grounds for dismissal with/without prejudice?
Do you think she needed more evidence once she got past the emergency order?

Because if you're going to question me, only to argue that the lady was paranoid that her allegations would not succeed in getting a plenary, thus attempting to get more evidence, then I'll argue that such evidence grabbing puts her case in jeopardy, thus making it a bad idea once the preliminary stage of the emergency order being obtained. And even then, it's still a piece of paper, a deterrent.

[Dogmatique]

Yes, so I have read.
I'm not interested in your debate of harassment. I gave my view.

How do I know the person was retaliative? It's so easy with these restraining order things, especially when the person does not press charges. And if there are false allegations, blatant lies of things that never happened, it's obviously malicious or the petitioner is mentally ill/confabulating. A piece of paper does not protect a person. It's a deterrent.

If she was protecting herself in order to prevent contact and communication, why was she calling the respondent?
They can be used maliciously to protect youself, too.

I can throw all kinds of questions back at you, Socrates.

Do you think courts should allow such behavior from a petitioner?
If the petitioner initiates contact, should it be grounds for dismissal with/without prejudice?

What you think is of no interest or bearing.

The LAW is what matters.

It would behoove you to remember that.

[tophat]

And be that the LAW is what matters, then any fool who generates false allegations should be prosecuted for perjury. However, you know, they don't do that, even though it's the LAW. You keep it real, as to the LAW, and well, I doubt many individuals would be filing. And if you believe that what I think is of no interest or bearing, then do not question me again or I will consider that you are harassing me.

[Dogmatique]

And be that the LAW is what matters, then any fool who generates false allegations should be prosecuted for perjury. However, you know, they don't do that, even though it's the LAW. You keep it real, as to the LAW, and well, I doubt many individuals would be filing. And if you believe that what I think is of no interest or bearing, then do not question me again or I will consider that you are harassing me.

If you have a problem with my correcting your inaccuracies, take it up with the Mods.

[tophat]

How do you know it is inaccurate?
I don't recall the respondent mentioning where the petitioner resides.