Toledo Domestic Injunction Attorney
Experienced Toledo Domestic Injunction Lawyer providing Domestic Injunction, Divorce and Family Law Attorney legal needs in Toledo, Northwood, Oregon, Sylvania, Lucas County, Wood County, and the surrounding Northwest Ohio communities.
Call Lawyer, Brian Hizer at 419.841.3600
Commonly referred to as a restraining order, an order of protection is a legal injunction against an individual to provide protection for the individual who has been subjected to domestic violence, repeated violent acts or threats, date violence, stalking, harassment, or sexual violence.
An order of protection may be requested regardless of whether or not any criminal charges based upon the incident were filed, reduced or dismissed by the State Attorney's office.
Types of injunctions for orders of protection include:
- Domestic Violence Injunction: Domestic violence means an assault, aggravated assault, battery, aggravated battery, sexual assault, sexual battery, stalking, aggravated stalking, kidnapping or false imprisonment, or any criminal offense resulting in physical injury or death to any family or household member by another who is or was residing in the same single dwelling unit. Family or household member means spouses, former spouses, persons related by blood or marriage, persons who are presently residing together as if a family or who have resided together in the past as if a family, and persons who have a child in common regardless of whether they have been married or have resided together at any time.
- Repeat Violence Injunction: Repeat violence means two (2) incidents of violence or stalking committed by the Respondent, one of which must have been within six (6) months of the filing of the Petition, which is directed a against the Petitioner or the Petitioner’s “immediate family member.
Dating Violence Injunction: "Dating violence" means violence between individuals who have or have had a continuing and significant relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on the consideration of the following factors: (a) A dating relationship must have existed within the past six (6) months; (b) the nature of the relationship must have been characterized by the expectation of affection or sexual involvement between the parties; AND (c) the frequency and type of interaction between the persons involved in the relationship must have included that the persons have been involved over time and on a continuous basis during the course of the relationship. Dating violence does not include violence in a casual acquaintanceship or violence between individuals who only have engaged in ordinary fraternization in a business or social context.
- Sexual Violence Injunction: If you or a member of your immediate family is a victim of sexual violence, you may ask the court for a protective order (injunction) prohibiting further sexual violence.
One of the following factors must exist in order for you to qualify for a Sexual Violence Injunction:
- The Petitioner has reported the sexual violence to a law enforcement agency and is cooperating in any criminal proceeding against the respondent, regardless of whether or not criminal charges based upon the sexual violence have been filed, reduced or dismissed by the State Attorney’s Office; or
- The Respondent who committed the sexual violence against the victim or minor child was sentenced to a term of imprisonment in state prison for the sexual violence and the respondent's term of imprisonment has expired or is due to expire within ninety (90) days following the date the Petition for Injunction for Protection Against Sexual Violence is filed.
If at least one of the two above factors do not exist in your situation, you cannot file for an injunction against sexual violence. However, you may qualify for one of the other types of injunctions (domestic, repeat or dating).
When it comes to Domestic Injunction Orders of Protection or other marital & family law legal needs, Attorney Brian Hizer has the experience and resources to effectively guide you through the legal process.
If you require experienced legal advice and representation from a qualified Domestic Injunction Orders of Protection, Divorce, and Family Law attorney (lawyer), please call Mr. Hizer to schedule a confidential legal consultation.
