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Phone harassment/ restraining order?

Toledo, OH |

My ex's girlfriend texts from his phone pretending to be him; trying to discuss personal matters and answer questions about my children. I have repeatedly asked her not to do this, and only wish to discuss my children with my ex. Sometimes it's obvious that it's her, and other times I don't know if it's my ex or not. What can I do?

Attorney Answers 2

Posted

You should immediately and privately discuss this matter with an attorney. An attorney can assist you.

Also, you should consider contacting the police regarding telecommunications harassment occurring.

www.francelawgroup.net

No attorney-client relationship is established via AVVO.com. The material posted by Kyle J. Bristow, Esq., is for educational purposes for prospective clients only and people should not make legal decisions based on it. You are advised not to take, or refrain from taking, any action based on what Mr. Bristow has stated on this website.

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3 comments

Asker

Posted

I did let an attorney know. Is it possible to get a protection order? Or just harassment?

Asker

Posted

Do you practice in Lucas county? I am looking for a new attorney if you are available.

Kyle J Bristow

Kyle J Bristow

Posted

My office is located in Toledo, which is located in Lucas County. www.francelawgroup.net

Posted

If you tell her not to contact you at all she could be violating the Telecom Harassment statute which states in 2917.21(A)(5) that no person shall make a telecommunication that knowingly makes the telecommunication to the recipient of the telecommunication, to another person at the premises to which the telecommunication is made, or to those premises, and the recipient or another person at those premises previously has told the caller not to make a telecommunication to those premises or to any persons at those premises.

This is a first degree misdemeanor, so punishable by up to 6 months in jail and/or a $1,000 fine. If the person is charged with that, it may be possible to get a temporary protection order from the court.

If you want a civil protection order, you may fill out the application for such by obtaining one form your local common pleas court. However, there are standards you have to meet that will require a hearing. I would suggest obtaining an attorney for a civil protection order.

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2 comments

Asker

Posted

Do you practice in Lucas county?

Zachary Douglas Mayo

Zachary Douglas Mayo

Posted

I do not and I am actually about to leave private practice. I would suggest going to www.oacdl.org and searching for a local attorney there.

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