I had filed for divorce as well as too. Husband was having mental breakdown and refused help. Home life became hostile for me and children. I had to have committed and they dropped the ball due to him not cooperating. I was told that if I allow him to come back I will lose my kids. We separated and he came back a few times and police told me to get a tpo til he gets help. Now 3 years later his mom calls and let me know he is taking his medicine and his doctor feels being involved with kids is ok. My daughter's counselor said some of the same things about her behavior. His mom and I thought with her being there it would be ok for them to meet up and spend time together if possible. He agreed to sign divorce papers but would like to see kids. I just would like to know if the restraining order against him is still valid and who do I talk to about checking.
If your tpo is part of a divorce filing and the divorce was dismissed, all temporary orders would also have been dismissed. If it was a separate filing, then the Order should state on its face how long its good for or when it would expire. You could check with the clerk of courts, but you really need to consult with an attorney to determine where you stand.
I concur with the previous answer; there are a few too many unknowns of your fact situation to advise you clearly. Was there a criminal or civil protection order granted? If criminal, check with that police department, if civil, then call the domestic court clerk. Do you have the paper order in hand to see what the duration was on it? You should be sure that you are not violating an order, if existing. An attorney can assist you with both modifying the restrictions if there is still an existing order as well as with the divorce process. Good luck to you.
This answer by Attorney Martin is for general purposes only and does not establish an attorney-client relationship.
The other two lawyers are both correct. If you had a TPO (temporary protection order) it would have been dismissed and of no further force and effect when the divorce was dismissed. If you had a CPO or CSPO (civil protection order or civil stalking protection order) then the order itself would state a term that it was effective. That type of order will expire at the end of its specific term which is stated in the document. Consult with domestic relations attorney in Cuyahoga County to get further details.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline