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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3686
Experience:  Experienced real estate lawyer and real estate broker.
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I have a person here in Mentor - who moved in and has turned

Customer Question

I have a person here in Mentor - who moved in and has turned out to be totally a psycho path. I need to obtain a lawyer as she today just recently had the Police over my house saying I stole her 8 vallium from where her living space is in my house. I have contacted the Mentor Police 4 times about this person - she threatened to kill me and threw a metal object at my head and when the police came she said I threatened her.....I'm scared to death and thank God my friend and neighbor stayed with me all yesterday and yesterday night. Her husband is a Sergeant of University Circle and she vouched that I never went downstairs yesterday. She has been in mental institutions tried to commit suicide by cutting her throat twice. She has been homeless. I need help ASAP
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: I'm in Mentor Ohio I'm at wits end I cannot leave my house I have my car at my friends house I barricade myself in my bedroom every night I fear she will punch or cut herself and blame it on me....can you please refer me to a lawyer her in Mentor Ohio who can help me?
JA: Has any paperwork been filed?
Customer: She failed to pay rent which was due today. I wrote out an eviction letter witnessed by Sharon (the Police Sergeant wife) and handed it to her.....I guess that wasn't good enough. I did the background checks I could - then had a PI do one yesterday this is her MO. Can you refer me to an Attorney to tell me what to do? I have been in my house for one month afraid to leave but afraid to stay
JA: Anything else you want the lawyer to know before I connect you?
Customer: A lot but she - as a last ditch effort called the Mentor police department stating I stole 8 of her valium and pressed felony charges against me. I knew this would happen that is why Sharon stayed with me to be a witness. I need help
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 10 months ago.

Oh, i am so sorry to hear you are going through this. You must get a restraining order against the psychopath and get her away from you, as she could cause you serious harm. I have listed directions for you to get the restraining order below.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

In Ohio, a civil or criminal protection order is a court order directing a person to do or not do certain things. It's a piece of paper a judge signs stating the terms someone must follow or else risk legal consequences.

In domestic violence situations, there may be both family law and criminal cases occurring at the same time as a result of the same violent act. You may want to pursue both civil and criminal actions for maximum protection. Both a civil (CPO) and criminal protection order (TPO) orders an abuser not to abuse or harass a victim of domestic violence. However, in Ohio, these orders are very different legal tools.

Civil Protection Order (CPO)

In order to obtain a civil protection order, an abused person must go to court and ask the judge for help.

It is easier to prove domestic violence for the purpose of obtaining a CPO than it is to prove criminal charges of domestic violence because of the lesser standard of proof: preponderance of the evidence in CPO cases vs. beyond a reasonable doubt in TPO cases.

In additionally, a CPO may contain additional provisions such as evicting the abuser from the parties' home, awarding temporary child custody or temporary support to the domestic violence victim, or ordering both parties to obtain counseling.

A judge can issue the CPO on an emergency basis if the victim is in "present and immediate danger" or after a formal hearing.

Temporary Protection Order (TPO)

A domestic violence criminal protection order, called a "temporary protection order (TPO)," provides more limited relief and remains in effect for a shorter period of time. A TPO is ordered in connection with a criminal domestic violence case. It may order the abuser not to commit any further acts of abuse and to stay away from the victim, her residence, her business, her place of employment or her school and other conditions specifically directed toward assuring the safety and protection of the victim.

But a TPO cannot contain any orders for child support, spousal support, awarding use of an automobile or personal property, awarding child custody or visitation, or directing the abuser to obtain counseling.

If a person is found to violate a protective order, he or she could he or she can be jailed and charged with a separate crime including aggravated stalking.

The following table highlights the main provisions of Ohio's restraining order laws. See Harassment, Restraining Orders, and Filing a Domestic Violence Lawsuit for more information.

Code SectionsOhio Revised Statute 2919.27 et seq.

Relationship Requirement

You may be eligible to file a restraining order against:

  • Your current or former spouse;
  • Someone with whom you have a child in common;
  • Someone you are dating or used to date;
  • Anyone who lives in your home or has lived in your home.

Type of Orders

Civil Protection Orders (CPO) and Temporary Protection Orders (TPO)

Length of CPO

Up to five (5) years from the date of issuance

Length of a TPO

Throughout the duration of the criminal case, usually a few months

How to Apply

CPO: File a petition in court

TPO: Either by filing a petition in court, at the request of the district attorney, or a law enforcement officer in connection with a criminal case

Penalty for Violations

First conviction: First degree misdemeanor, punishable by up to six months in jail and/or a $1,000 fine.

Second and subsequent convictions: Fifth degree felony punishable by up to one year in jail and/or a $2,500 fine.

Expert:  WiseOwl58 replied 10 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 10 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

Expert:  WiseOwl58 replied 10 months ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.