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How do I get a civil protection order removed when the person the order is on is in prison and cannot attend the hearing?

Bucyrus, OH |

They told us at the court house, he could sign an affidavit in prison to present to the court stating we no longer had problems. But we do not know how to do that and cannot afford legal representation. When we called for free legal aid, they said we needed advice not representation and they could not help us. We don't know where to turn next.

Attorney Answers 1

Posted

If he's willing to sign, mail him the document to dismiss the CPO. Otherwise just file a motion to have it dismissed on the grounds that he is incarcerated.

This answer is provided for general purposes only. If you need legal assistance you should consult with an attorney. Responding to questions DOES NOT create an attorney-client relationship.

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4 comments

Asker

Posted

He is willing to sign the papers, however problem is we do not know where to get the paper at... And I did however try to dismiss on grounds he is incarcerated and the women told me that it is state law that the judge ask him a serious of questions as well in order to have it termionated.. Would you happen to know where I can find the document to send him?

Christopher Joseph Tamms

Christopher Joseph Tamms

Posted

In my county it's a preprinted form in te judge's chambers. If the judge is going to ask a series of questions perhaps a notarized affidavit is better.

Christopher Joseph Tamms

Christopher Joseph Tamms

Posted

In my county it's a preprinted form in te judge's chambers. If the judge is going to ask a series of questions perhaps a notarized affidavit is better.

Asker

Posted

How would i prepare a affidavit, Im sorry to ask so many questions This is all new to me im so lost

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