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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117370
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I was served with an ex parte CPO in ohio and removed from

Customer Question

I was served with an ex parte CPO in ohio and removed from my home. My hearing was delayed due to the petitioner asking for a continuance. It has been 8 days since the full hearing was scheduled and 15 days since the exparte order was served, and still no date for the hearing has been set. This seems irrational, what should I do. My lawyer tells me that we can make the courts move faster, but everything I ready said 7 days..
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the court granted a continuance on the ex parte order, that is at their discretion. Generally, the court must hold a hearing within 7 days or as soon as practical. So f the hearing was scheduled and a continuance was obtained without a hearing your attorney can indeed file a motion to vacate and argue that as no hearing was held as soon as practical from the filing at the very least, then the order should be vacated.
Her lawyer is likely the lowlife unethical type that advises his clients to file these baseless orders to try to gain advantage in the divorce. It is a very unethical tactic and if you can prove her attorney did this you need to file a complaint for violation of the rules of professional conduct with the OH bar.

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