Restraining Order Attorney in Batavia, Ohio

Have you been served with a restraining or protection order in Ohio? Or is someone threatening to file a restraining order against you? If you answered “yes” to any of these questions, you should consult a restraining order defense attorney to talk about your situation before things get out of control.  

Attorney Douglas A. Ball has more than 25 years of experience representing clients in civil and criminal matters throughout Batavia, Ohio, and the surrounding communities of Batavia County, Warren County, Brown County, Clermont County, and Hamilton County. He can assess the details of your case and help you determine the best strategy to fight against the restraining order and avoid or minimize the negative consequences you may face.

Restraining Orders vs. Protection Orders  

Although the terms “restraining order” and “protection order” are often used interchangeably in Ohio, they refer to two different things under state law.  

Generally, restraining orders are issued as part of another legal case. For example, in a divorce, a court may issue a restraining order to prevent a spouse from selling the family house. A protection order, on the other hand, does not necessarily have to be part of a legal case and can be filed separately.  

Ohio law recognizes three main categories of protection orders: civil, criminal, and temporary. Civil protection orders are broken down into several types: domestic, dating, stalking, sexually oriented, and juvenile. 

In addition, the consequences for violating a restraining order versus violating a protection order are different. Violating a protection order is considered a crime in Ohio; violating a restraining order is not.  

Common Reasons for Restraining Orders  

Below are some of the most common reasons why restraining/protection orders are filed: 

• Domestic abuse. One of the most common reasons for filing a restraining order is domestic abuse. Domestic abuse can consist of physical, sexual, or psychological harm caused by an intimate partner or family member.  

• Harassment. Another reason why a restraining order may be issued is harassment. Harassment can include any action taken that is meant to alarm, annoy, threaten, or terrorize another person. This behavior could include stalking, unwanted phone calls, and emails, verbal threats, and/or other forms of intimidation.  

• Rape or sexual assault. Rape and sexual assault are both serious crimes and can lead to severe legal consequences for the perpetrator if they are found guilty in court. If you have been accused of rape or sexual assault, it’s important that you seek professional legal help right away so that your rights are fully protected. A conviction for rape or sexual assault carries much more negative consequences than just a protection order being filed against you.  

• Stalking. Stalking is another reason people file for restraining orders. Stalking involves following someone without their permission and making them feel threatened or frightened through verbal threats or other forms of intimidation, such as online harassment through social media platforms like Facebook or Twitter.  

Restraining and protection orders were intended to protect people from legitimate threats such as those mentioned above. Unfortunately, many people file restraining orders as a way to seek revenge. They abuse the system to gain an advantage over the person against whom the order is filed. There are also those who often make an impulsive decision to file for a protection order when doing so is not actually necessary. These people often do not realize how serious of an impact a protection order can have on those against whom these orders are filed.  

A Restraining Order’s Impact  

If you have been served with a protection order in Ohio, it’s important to understand the potential consequences of your legal situation. Here is an overview of the negative impacts that having a restraining order filed against you can have:  

1. Public record. Having a restraining order filed against you will also result in your name being present on public record databases. This means that anyone who knows your name can access information about your legal situation by doing an online search—including friends, family members, employers, and landlords—which can be very embarrassing and damaging to one’s reputation.  

2. Criminal record. Depending on the severity of the situation, it could even become part of your criminal record. This could create difficulties for you if you ever need to apply for housing, loans, or citizenship in the future.  

3. Difficulty finding employment. Employers often conduct background checks before hiring individuals for certain positions. Having a restraining order on your record may cause them to be hesitant about hiring someone who has been involved with such a serious issue in the past.  

4. Loss of gun rights. Having a protection order filed against you could also lead to losing your right to own firearms or ammunition while the order is valid, and until it is legally terminated or expires.  

Obviously, it is best to do everything possible to avoid having a restraining order filed against you. That is why it is imperative that you take proactive steps to protect yourself and contact a criminal defense attorney the moment you find out about the petitioner’s intentions to file a protection order (i.e., once they openly threaten to do so).  

What to Do If a Protection Order Has Been Filed Against You  

Being served with a restraining order can be an intimidating and overwhelming experience. It’s important to take the right steps in responding to the protection order and ensuring your rights are protected:  

1. Read the order carefully and follow it.

The first step is to read the order carefully. Understanding exactly what it requires of you, as well as what it does not allow you to do, can help you determine how best to comply with its terms. Make sure that you follow all of the restrictions that have been imposed on you, even if they seem unfair or unnecessary. Failure to abide by the provisions of the restraining order can result in serious legal consequences, such as hefty fines or jail time.  

2. Contact an attorney as soon as possible.

It’s vital to contact an attorney as soon as possible after receiving a protection order, especially if you plan on contesting it. An experienced attorney will be able to provide advice on how best to proceed in light of your circumstances and explain your rights under the law. Working with an attorney can also help ensure that your interests are represented in court proceedings and protect against any potential violations of your rights during those proceedings.  

3. Gather evidence in preparation for the court hearing.  

If you decide to contest the restraining order, gathering evidence is essential. This includes gathering witness statements, collecting any relevant documents or photos, and anything else that may be helpful in disproving or mitigating any claims made against you by the petitioner. Make sure that all evidence is accurate and verifiable, as presenting false evidence can result in severe penalties from the court.   

4. Go to the court hearing with your attorney.

Finally, make sure that you attend all scheduled court hearings related to your case with your attorney present. If there are any changes or updates regarding your case prior to these hearings, make sure that they are communicated clearly so that none of your rights are violated by surprise changes or last-minute decisions made by either party involved in the case.