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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 3838
Experience:  30 years of experience
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How do you prepare objection to a magistrates decision.

Customer Question

How do you prepare for an objection to a magistrates decision. Butler County ohio?
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
I received an final appealed order on an ex parte CPO on Friday. I have 14 days to object but I need help with local court rules terms cases to site civil protection rights. My ex-husband has so many Contempt charges and she does not want to hear anything about them or the evidence to prove he's lying his daughter is lying and his attorney is lying. I have all the evidence to prove that they are committed purgery and his intent was to say I accidentally killed myself because he found out 5-6 weeks prior to the Demostic Violence arrest he is the sole beneficiary of a $150,000 life insurance policy for me. He has been illegally caring me under this Police since we were divorced in June 18,2008. He even forced me by threatening me to let him file a claim through his Afac Accident policy when I broke my hip. He collected $3200.00. Somehow I need to get the judge to listen to all the evidence.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Gerald, Esq replied 1 year ago.

Hello,

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Ohio Rules of Procedure 53(D) addresses the filing of an Objection to a Magistrate's decision. The rule is somewhat flexible in regard to form, however you must make a written objection.

The objection must state with some degree of specificity the basis for your objection. You can not simply disagree with the decision. Rather you must state the specific facts and or legal conclusion that the magistrate made and put forward your factual and legal reasons why your disagree.

So for example if the Magistrate found that you made $10,000.00 per month when you only make $5,000.00, you would state that you object to that finding, why you object to it, and point out the evidence that is in the record that supports your position.

The following links will help explain this in greater detail:

http://www.cornwell-law.com/04/objections-to-magistrates-decisions/

http://www.ohiolegalservices.org/public/legal_problem/courts-hearings/documents-and-papers-from-a-court/objection-to-a-magistrates-decision/qandact_view

Here is a link to the rules:

http://www.supremecourt.ohio.gov/LegalResources/Rules/

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
Okay it's probably best to forward the magistrates decision. I really don't understand the laws or the legal terms. But he has and continues to violate the CPO order. Can you send me your email address? Patricia ****** *** *** ****. I need to file the objection tomorrow and this puts an automatic stay until we have another hearing. They gave him all his guns back and I am in fear for my life.
Expert:  Gerald, Esq replied 1 year ago.

Hello:

I'm sorry that I will not be able to help you that way tomorrow. I will opt out so that someone else may be able to assist you to that degree.

Kind regards,

Gerald