November 8, 2023 | Restraining Orders
Taking out a restraining order can play a crucial role in protecting individuals who feel threatened. It aims to deter potential harm by legally restricting contact with the concerned individual.
However, before any limitations can be imposed on someone’s freedom, courts in Dayton require clear evidence to justify such action. As a potential defendant or respondent, it’s critical to understand what proof is needed and how you can counter it.
Types of Restraining Orders and Proof Needed
There are two primary types of restraining orders in Ohio:
Temporary Ex Parte Protection Order
This can be granted the same day a petition is filed. A judge evaluates whether there’s “good cause” to provide this immediate protection from potential harm.
Some examples of considerations that could influence their decision include:
- Threats or infliction of bodily harm on the alleged victim
- Any sexually abusive behavior
- Whether the respondent (the alleged abuser) has any past convictions or guilty pleas for domestic violence
There is not much evidence that is required at this stage, and the respondent is not present to defend themselves here. The order will be in place until the full hearing, which is usually 7 to 10 days later.
Civil Protection Order
The civil protection order (CPO) can last up to five years and can only be established after the full hearing takes place. Both parties involved get an opportunity to present their case, including the respondent or accused party.
The proof must be compelling enough to establish that fear of harm or harassment by the defendant is genuine.
Evidence That Can Be Used To Get a Protection Order
Evidence that the alleged victim will present comes in many forms as long as it’s relevant and doesn’t violate any rules of evidence.
This could include the following:
Statements from individuals who have witnessed abusive behavior towards the alleged victim can be presented.
Photos depicting injuries caused by the alleged violence could be useful in corroborating any claims made. They will likely be time-stamped to prove when they occurred.
Text Messages or Emails
If there are text messages and/or emails containing threatening language or explicitly detailing any form of abuse, this can be presented when the petitioner is trying to obtain a restraining order.
In cases where abuse or threat was captured in videos, this would provide strong and compelling evidence.
Understanding what type of evidence is likely to be presented by the petitioner will help you build your defense against the restraining order.
How a Defendant Can Defend Themselves Against a Restraining Order
Even though a restraining order can appear overwhelming, as a defendant, you still have several ways to defend yourself against protection orders or any domestic violence charges:
Present Evidence Refuting the Claim
Records of text messages, emails, or social media conversations could be used to contradict the accuser’s claims.
Provide an Alibi
Providing an alibi – tangible proof that you were elsewhere when incidents are said to have occurred – is an effective way of countering accusations. This evidence can consist of receipts, video footage, or other time-stamped records.
Providing witness corroboration that contradicts the claims made by the petitioner is also helpful. This could be someone who has seen the way you interact with the alleged victim or even someone who saw the petitioner after the alleged incident and noticed no injuries.
Show There Was No Genuine Fear from the Petitioner
If you’re able to demonstrate that the petitioner didn’t perceive you as a threat, it makes it harder for them to justify needing a restraining order. This can be done by showing friendly interactions or correspondence between you after alleged incidents occurred.
Contact a Dayton Criminal Defense Lawyer For Help Fighting a Restraining Order
If you’re faced with a restraining order, one of the best steps to take is to reach out to an experienced lawyer. It’s crucial to ensure that your rights are protected. A competent defense attorney can guide you through this complex process. Don’t hesitate to contact us to schedule a free consultation with a Dayton criminal defense attorney to discuss your next steps.
Contact the Dayton Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Dayton
130 West Second Street #17-129
Dayton, OH 45402