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

