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  1. #1
    Join Date
    Dec 2008
    Posts
    9

    Default CPO in Ohio

    My question involves restraining orders in the State of: Ohio, county of Portage

    I got divorced 2 years ago. There is a child, he is now 4. We have shared parenting, 50/50 time, and I carry the medical insurance, and pay no child support.

    On 11-29, my ex called and was crying and frantic. She told me that my son had caused her and her boyfriend to get into an argument. She went on to tell me that he had abandoned her in the middle of Streetsboro. She told me that she doesnt know what to do about her life, because everyone that she knew was into drugs, hard drugs. She said that she worries about our son because her boyfriend is a drug dealer, and deals "everything under the sun". My current wife was present for the entire call, and it was done on speakerphone.

    After discussing the event with my wife, we decided that we needed to do something, but could not afford an attorney. So we hit the books, and started looking up some law. I used some forms from previous court hearings with my ex as a template. We submitted what we had to submit, paid $100, and waited. We wanted an ex-parte hearing, but got a court date instead, for the 12-29. We filed the forms on 12-3. The day before my ex was to pick up our son, I told her that I was not comfortable with her getting my son, because of the environment that he would be going into. (once again, my wife was present for this speakerphone conversation) My ex blew up, and started throwing out a bunch of insults. She even started making accusations of threats of violence against me on my part. I told her that I would not give our son back (because I was expecting the Judge to sign the motion I had filed).

    The next day I found out that I had a court date, instead of what I had asked for. I knew that I could be in contempt if I kept my son from my ex, so I allowed her to pick him up. She showed up 2hrs late, without calling before she came here.

    Then on 12-10, I am served a CPO. In this CPO, she accuses me of being abusive during the entire relationship, and threatening to shoot her. I did none of this. This CPO is completely false. Due to this CPO, I am being denied my parenting time with my son. My ex is telling my son that I am a bad person, and is attempting to turn him against me.

    She was able to do this free of charge. I however am expecting my court date to be thrown out, because I didnt file correctly. I have called Legal Aid, and make too much money to get assistance. There seems to be no advocates to help people falsely charged with a CPO. I am begging for any help that I can get. If an attorney could just create the paperwork for me, I would gladly pay them for theyre time, but I cannot afford a large retainer. I can only pay about $500 total, and I would have to be able to make 2 or 3 payments on that. I need help with the custody battle and possibly the CPO, but the court date for the CPO is tomorrow, 12-18.

    I have done some investigation work on her, based off of what she had told me about the drug environment that is her house. What I have learned is that she purchases marijuana in 1/2 pound and up quantities, and always has available for sale marijuana, LSD, and prescription pills. She is an LPN, and works at a nursing home.

    I had my CPO hearing today, and requested a continuance. I am going to reschedule my court date for custody, or file a new motion. I could use some help as to how to word a new motion for custody. I need to get this 100% right.

    Thanks,
    D

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: CPO in Ohio

    If you want to get it 100% right, really, you need to retain a lawyer to help you. Check out these resources.

  3. #3
    Join Date
    Dec 2008
    Posts
    9

    Default Re: CPO in Ohio

    thanks for that, but unfortunately I cant seem to qualify for anything. Been speaking to various attorneys in my area, and they wont even do just the paperwork for me. I can get a 1/2hr consult for free, but if i call the bar assn, they want me to pay for it.

    what a headache. Im just gonna tackle this, and hope that justice will prevail.

  4. #4

    Default Re: CPO in Ohio

    While this advice comes too late to assist the OP in this situation, for the benefit of others reading the post with similar situations, it cannot be stressed more strongly that if you believe that your child is in an unsafe environment (ie the ex's new bf/gf dealing drugs), then the immediate response needs to be to pick up the phone and call CPS.

    Custody cases where you are going to attempt to point a finger at your ex as being unfit or providing an unsafe environment are NOT do it yourself legal projects. The child's situation needs to be evaluated ASAP by someone OUTSIDE the sitution who is trained to ask the right questions and look at the right things (both inside and outside the home), AND how to convey what they found to a court, AND with the ability to act on the spot if circumstances warrant. You as an individual can really do none of these things. Your tax dollars pay for Child Protective Services and the police. Pick up the phone and make a report immediately. If CPS doesn't have 24 hour response in your area, then call police - THEY can get a reponse 24/7/365. Investigation done by private citizens carries little weight and is generally suspected as being blown up in order to benefit a custody battle - that's why CPS investigation is so important - not only can they get into the situation faster and deeper than you can, their report carries MUCH MUCH more credibility with the court when assessing the situation. In this case, it's entirely possible that CPS (with or without police) would have responded that night and removed the child (children in imminent danger, like being on the streets, tend to get priority responses). Such removal also keeps the child in question from becoming a pawn and all the associated games.

    There's also the added benefit that CPS can file emergency motions with the court to get an immediate change in custody - without the hassle and expense of the individual having to wade through attorneys and fees.

  5. #5
    Join Date
    Dec 2008
    Posts
    9

    Default Re: CPO in Ohio

    CPS wont touch it. I dont know why. I have called them 3 times, and they have done nothing. police wont touch it either, they say they need a warrant.

  6. #6
    Join Date
    Dec 2007
    Location
    Ohio
    Posts
    2,006

    Default Re: CPO in Ohio

    When you get your court date, ask the court if they can make her submit to drug testing. CPS HAS to by law check into allegations.

    Since your investigating your ex and your aware that she's dealing, give the information to the police. You may have to go to Ravenna and get the Sheriffs office involved depending on where she lives. Sooner or later, they will catch her, they always do.

  7. #7
    Join Date
    Dec 2008
    Posts
    9

    Default Re: CPO in Ohio

    She doesnt use. her boyfriend does. The court doesnt want to test him. I have had a conversation with the drug task force, but before we (I) finished, he had to go, and it has been 3 weeks since i have spoken to him. I have called him 5 times now, to finish the conversation.

    I dont want them catching her while my son is there. but at this point...

    Its sad. CPS will not respond. they say if i didnt see her endangering my son, or havent seen my son on drugs, then they cant do much. this is crazy.

    I fear calling about a wellness check with the sheriff, because of the CPO. can I call about a wellness check?

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