A Look at Civil Protection Order Laws in Ohio

A Civil Protection Order (CPO) is issued by a domestic relations court to protect a victim of domestic violence. Although a CPO is similar to a restraining order in that each orders the accused not to abuse or harass a victim of domestic violence, a CPO differs in that it may contain additional provisions such as evicting the abuser from the victim’s home, awarding child custody or financial support to the victim, or ordering the accused to obtain counseling. Read on to learn more about CPO laws in Ohio and contact a criminal defense lawyer in Dayton if you or a loved one has been charged with domestic violence and issued a CPO.

Statute of Limitations

In Ohio, a CPO does not need to be filed within any certain period of time after the occurrence or supposed occurrence of domestic violence. In some cases, domestic relations courts have issued CPOs months or even years after the domestic violence incidence occurred. However, many courts will only issue a CPO if they believe the victim is in immediate and present danger.

Burden of Proof

The burden of proof in a CPO case is by a “preponderance of the evidence.” What this means is that the victim must simply prove that it is more likely than not that the domestic violence occurred and that he or she is in danger. In the case of Felton V. Felton (1997), the Ohio Supreme Court rejected the more burdensome “clear and convincing evidence” standard usually applied in injunction cases. As a result, it’s easier for victims of domestic violence in Ohio to obtain a CPO than it is in other states which require a higher burden of proof. Unfortunately, this also makes it easier for false claims of domestic violence to result in real legal action against wrongfully accused individuals.

If you or a loved one is facing domestic violence charges, the criminal defense attorneys at Rion, Rion & Rion can help. Our law firm’s founders, John H. Rion and John Paul Rion, are both board-certified criminal lawyers and are listed in The Best Lawyers in America. If you live in or near Dayton, OH, call our law firm at (937) 223-9113 to schedule your initial consultation.


Expunging a Criminal Record

If you were convicted of one or more crimes when you were younger, your criminal record can follow you around and seriously interfere with your life. Fortunately, there is a court process by which you may be able to have eligible offenses expunged from your record; that is to say, any and all reference to prior criminal convictions will be cleared. Watch this short video to learn more about expunging a criminal record and why it’s advisable to hire a criminal defense attorney to assist you in this legal matter.

If you have grounds to have previous convictions expunged, contact a criminal defense attorney in Dayton, OH, especially if you have multiple convictions you wish to be expunged from your record. Having a criminal record expunged can be a complicated process, so make sure your criminal defense attorney has experience in the expungement process.


What is a "Guardianship" in Probate?

Probate is a process where the court oversees the administration of a deceased person’s will and ensures that any final expenses are paid. In the event that the deceased left behind a minor under the age of 18 or an incapacitated adult, a court-supervised administrator will be appointed to take care of the individual’s physical and financial well-being. The guardian has full legal and physical custody of the ward, which automatically ends when the ward reaches the age of 18, is adopted, marries, is emancipated by court order, enters into active military duty, or dies.

Guardianship proceedings can be very complicated affairs, so it’s in your best interest if you are seeking guardianship to have an experienced attorney at your side. The lawyers at Rion, Rion & Rion understand the stress you are under in these trying times, which is why we’re dedicated to representing our clients with empathy and compassion. If you live in Dayton, OH, call our law firm at (937) 223-9133 to schedule your initial consultation with one of our experienced probate attorneys.


Conviction in the Sixth District Court of Appeals

Last week Rion Law had a conviction and fourteen year sentence reversed in the Sixth District court of appeals. The defendant pled guilty the morning of trial, despite his innocence, because his lawyer was not prepared for trial. After entering the plea, he asked the court to vacate his plea, explaining he only pled because his attorney was not prepared. The trial court denied that request and sentenced him to fourteen years. On appeal, the Sixth District reversed the conviction and sentence. The court found the trial lawyer was not prepared for trial and had not investigated the case, which induced the defendant to enter a guilty plea. Now this defendant can proceed to trial and have his day in court.

Since 1938, Criminal Defense Attorneys, Rion, Rion & Rion have provided the Dayton area with superior criminal defense representation. Our attorneys are ready to represent clients accused of misdemeanors, felonies and federal charges. To schedule a free consultation in our office, please call (937) 223-9133

Disclaimer:

The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.


Understanding Child Custody

Child custody is a difficult concern that comes up in many divorce cases. Parents experience a great deal of stress during a divorce, and children often feel even worse. Keeping family relationships intact during these hard times is a challenge as you try to balance what is best for everyone involved.

When parents separate from one another, the needs of the children must be seen to. A major part of this is determining who will have custody of the children, and to what extent. Depending on the circumstances of the divorce and the family relationship that preceded it, custody may be split up in a variety of ways. Sometimes parents will share equal custody, and other times only one parent will have sole custody. Other options include split custody wherein one parent has more limited access to the children. The needs of the children are often considered in court when custody is disputed, and the children themselves may voice their preferences at times.

If you are going through a divorce or fighting for the custody of your children, contact the family lawyers at Rion, Rion & Rion. Our attorneys will focus diligently on your case and strive to give you and your children the best outcome possible. Call (937) 223-9133 for a consultation.


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