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If I object to the magistrates ruling on a cpo is the cpo still in affect

Milford, OH |

I filed a cpo against my mother for my children and at the final hearing the magistrate threw it out I objected her decision... is her ruling stayed and is my tpo still good

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Attorney answers 4

Posted

The temporary order was terminated with the decision at the hearing where both of you appeared
You should contact an Ohio attorney to determine if you have any appeal rights

The above is not intended as legal advice. The response does not constitute the creation of an attorney client relationship as this forum does not provide for a confidential communication.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree; good observation Mr. Hudson.

Posted

It doesn't work in the negative. If a court refuses to do something, and it is appealed (or an objection is filed in the case of a magistrate) if a stay is granted, it doesn't force the court to issue an opposite ruling, it would only temporarily block a court ordering something in the affirmative. This can get a little abstract for people that don't deal in appellate practice or civil litigation regularly.

Hopefully you have an experienced attorney who is familiar with litigating magistrate rulings and/or domestic relations family law. If not, find an attorney immediately to discuss your options. If the trial court denies your objection, you could appeal it to the court of appeals, but I would recommend doing this without representation from an experienced appellate attorney.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree; good observation.

Posted

no

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Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree; good info.

Posted

NO, you are not protected. But make it clear that you do not want to me contacted. If she continues to contact you, she could be charged with trespass for coming over. If she continues to call, it could be considered telecommunications harassment.

Edward Brandon Beckham

Edward Brandon Beckham

Posted

I agree .

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