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What evidence is needed to get a restraining order against someone?

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What evidence is needed to get a restraining order against someone?

Old 03-07-2016, 04:02 PM
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Default What evidence is needed to get a restraining order against someone?

Does anyone know if you need proof like a police report (s)before a judge will issue a restraining order? How about a video, is that acceptable to get a restraining order? How about witnesses?
Old 03-07-2016, 04:08 PM
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Depends on the problem.If the person is an immediate threat to you,you can get an emergency order from a judge for a period of time.After that you will need to go to court to get it extended and the person will have a chance to defend himself (or herself).Documentation is always good and police reports are also good.Witnesses may be helpful.Video is great.
Old 03-07-2016, 04:09 PM
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I'll bet Katy knows the answer to this day one. ��
Old 03-07-2016, 04:11 PM
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Originally Posted by txj33p View Post
I'll bet Katy knows the answer to this day one. ��
Beat me to it.
Old 03-07-2016, 04:14 PM
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If you need a restraining order then something serious must have happened ... If it legitimate, then there should be police report, video, threatening letters or emails/texts.... Its ultimately up to the Judge ....
Old 03-07-2016, 04:26 PM
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Just get a gun and be done with it. A restraining order is a piece of paper.
Old 03-07-2016, 04:33 PM
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It's not for me, I would just shoot whoever would be stalking me. Of course I would invite them into my house first!

There is some video and some taped phone call threats that could be played to a judge.
Old 03-07-2016, 04:46 PM
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Hum subscribed. I always thought you did not need a reason or any type of proof. The reason I say this is we had a crazy neighbor lady that was always giving my tenants a hard time, she lived in the house next door to our condos. One call to our attorney and two days later he had a restraining order prohibiting crazy lady to have no contact with any of the 3 tenant's, I have never had another problem with her.
Old 03-07-2016, 04:53 PM
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did the owner of that treadmill or whatever it was, finally track you down?
Old 03-07-2016, 04:54 PM
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A sworn declaration for a TRO (court forms usually available) followed by a court hearing where you may present evidence if the matter is contested. Often, they are not.
Old 03-07-2016, 04:55 PM
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Originally Posted by mikeloew View Post
Hum subscribed. I always thought you did not need a reason or any type of proof. The reason I say this is we had a crazy neighbor lady that was always giving my tenants a hard time, she lived in the house next door to our condos. One call to our attorney and two days later he had a restraining order prohibiting crazy lady to have no contact with any of the 3 tenant's, I have never had another problem with her.
you don't if the defendant doesn't contest it ....

I am not a lawyer but I have several on retainer

Honestly I don't know - but I do know someone that went thru the process and I understand there is a hearing and the Judge ultimately makes the call ...
Old 03-07-2016, 05:22 PM
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Originally Posted by Boataholic View Post
did the owner of that treadmill or whatever it was, finally track you down?
Funny.....remind me to take out your trolling lines when I see you on the lake! It wasn't a treadmill and I didn't take it.

The police have never been called because the person doesn't want the neighbors to see the police at the house. The guy came over on Saturday all drunked up and broke the deadbolt on the front door and still no police were called. I keep telling them they need to have a police record or they won't be able to get a restraining order, sounds like that may not be the case? ;?
Old 03-07-2016, 05:38 PM
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Originally Posted by RussH View Post
Funny.....remind me to take out your trolling lines when I see you on the lake! It wasn't a treadmill and I didn't take it.

The police have never been called because the person doesn't want the neighbors to see the police at the house. The guy came over on Saturday all drunked up and broke the deadbolt on the front door and still no police were called. I keep telling them they need to have a police record or they won't be able to get a restraining order, sounds like that may not be the case? ;?
Russ- sounds like "the person" isn't taking the situation seriously. A drunk breaking a deadbolt lock sounds serious enough to me, given what the next step in the drunk's escalation is likely to be. Maybe you should put an effort into helping "the person" see the light and take action. Sadly, a restraining order might make the drunk's behavior even worse, but at least the cops will put him on notice that they are alert to his behavior.
Old 03-07-2016, 05:46 PM
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Originally Posted by yarcraft91 View Post
Russ- sounds like "the person" isn't taking the situation seriously. A drunk breaking a deadbolt lock sounds serious enough to me, given what the next step in the drunk's escalation is likely to be. Maybe you should put an effort into helping "the person" see the light and take action. Sadly, a restraining order might make the drunk's behavior even worse, but at least the cops will put him on notice that they are alert to his behavior.
Guess who they call EVERY TIME? I've been helping now for 2 months, by the time I get to the house they are gone. This is probably good since I don't know if I could control myself and shoot em. I am going to take them to the police station and fill out an application for restraining order now that it appears there are no previous police reports required.
Old 03-07-2016, 05:53 PM
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Russ, don't take this the wrong way, but I hope I never meet you. Drama seems to have a way of following you around......

On the restraining order side, if the police are called, there is an immediate order of protection issued which only last a couple of days. That prevents the offender from having any contact until a hearing can be scheduled where both parties go in front of the judge and a restraining order is put in place. Generally, in the case of the police being called and there was a threat of violence or an arrest, the immediate order of protection is put in place and then a judge puts a restraining order in place without a hearing. This generally happens in domestic violence cases.

I am not a lawyer, just relaying the information that was given to myself a few years ago when a girl I was dating went off the deep end and refused to get out of my house. The police said an order of protection was issued during their visit and that any further calls to them that weekend ( this incident happened on a Saturday night ) would be given priority status and she would be arrested on the spot (if she showed up again), no questions asked. They said I had to go to the court house and file for a restraining order on Monday as the order of protection would run out. I went to the court house with a copy of the police report, they said they would issue a restraining order without a hearing and I had to pay $35 to have her served the paperwork. This was for a 6 month restraining order, had I wanted it for a longer period of time, I would have to go back and request a court hearing and she would have to show up and the judge would determine if a longer period of time was warranted. I figured that since she held professional licenses that the police having a little face to face with her and the threat of arrest would resolve the issue, so I never went through with filing the restraining order. I don't know if a restraining order is a permanent mark on someone's history, but I didn't want to possibly damage her career. I think the police gave her the reality check she needed as I never heard from her again.

Last edited by runabout; 03-07-2016 at 06:41 PM.
Old 03-07-2016, 06:02 PM
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"They" call and you run over to help. You are enabling this person to avoid facing the problem like an adult.

Just trying to help... I hope this isn't your daughter having the problem.
Old 03-07-2016, 06:12 PM
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Who does the person think will enforce the restraining order if cops aren't called to the person's house?
Old 03-07-2016, 06:21 PM
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Old 03-07-2016, 06:35 PM
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Originally Posted by RussH View Post
It's not for me, I would just shoot whoever would be stalking me. Of course I would invite them into my house first!

There is some video and some taped phone call threats that could be played to a judge.
You might want to check into laws pertaining to recording phone calls without permission (if that is indeed what happened) before you take that to the judge.
Old 03-07-2016, 06:40 PM
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Originally Posted by OReely View Post
You might want to check into laws pertaining to recording phone calls without permission (if that is indeed what happened) before you take that to the judge.
Ohio is a one-party-consent state.

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