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Civil Stalking Protection Order 10.3-H - Ohio
| Civil Stalking Protection Order Form. This is a Ohio form and can be used in General Montgomery County (Court Of Common Pleas) . |
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CIVIL CASE INFORMATION MONTGOMERY COUNTY COMMON PLEAS COURT GENERAL DIVISION Room 5, 41 North Perry Street, Dayton, OH 45422 This form must be completed and filed with all civil suits. Main Plaintiff Case Number Main Counsel for Plaintiff Attorney Registration Number Main Defendant Main Counsel for Defendant (If known)Jury Demanded:Yes No Prayer Amt: Deposit Amt: Type of Action (Select Only One) AA - Administrative Appeal OT - Other Torts A - Appropriation PI - Personal Injury DJ - Declaratory Judgment PL - Product Liability FE - Forcible Entry PT - Professional Tort HC - Habeas Corpus WC - Workers Compensation I - Injunction AO - All Others - State Type MM - Medical Malpractice MF - Mortgage Foreclosure Refiling Information Is this a refiling of a previous related case?Yes No If Yes, please complete the following:Previous Case Number: vs Assigned Judge Party (1) Party (2) Suits Involving Like Issues and Similar Parties Are there any other cases pending that arise from the same incident or related parties?Yes NoIf Yes, please complete the following:Previous Case Number: vs Assigned Judge Party (1) Party (2) Signature of Attorney or Party Filing Suit Date <<<<<<<<<********>>>>>>>>>>>>> 2 WARNING CONCERNING THE ATTACHED STALKING PROTECTION ORDER NOTE: Rule of Superintendence 10.03 requires this Warning to be attached to the FRONT of all stalking protection orders issued by the courts of the State of Ohio. WARNING TO RESPONDENT/ DEFENDANT Violating the attached Protection Order is a crime, punishable by imprisonment or fine or both, and can cause your bond to be revoked or result in a contempt of court citation against you. This Protection Order is enforceable in all 50 states, the District of Columbia, tribal lands, and U.S. Territories pursuant to the Violence Against Women Act, 18 U.S.C. Section 2265. Violating this Protection Order may subject you to federal charges and punishment. You may also be subject to federal penalty for possessing, transporting, or accepting a firearm under the Gun Control Act, 18 U.S.C. Section 922(g)(8). Only the Court can change this order. The Petitioner / Alleged Victim cannot give you legal permission to violate this order. If you go near the petitioner or other protected persons, even with their consent, you may be arrested. You act at your own risk if you disregard this WARNING. If you want to modify or dismiss the order you must ask the Court. WARNING TO PETITIONER / ALLEGED VICTIM You cannot change the terms of this order by your words or actions. Only the Court can modify or dismiss this order. NOTICE TO ALL LAW ENFORCEMENT AGENCIES AND OFFICERS The attached Protection Order is enforceable in all jurisdictions. Violating this Protection Order, whether it is a criminal or civil Protection Order, is a crime under R.C. 2919.27. Law enforcement officers with powers to arrest for violations of the Ohio Revised Code must enforce the terms of this Protection Order as required by R.C. 2919.27, R.C. 2903.213 and R.C. 2903.214. If you have reasonable grounds to believe that Respondent / Defendant has violated this Protection Order, in Ohio under R.C. 2935.03, you should arrest and detain Respondent / Defendant until you can obtain a warrant. Federal and state laws prohibit charging a fee for service of this order. FORM 10.03-H WARNING CONCERNING ATTACHED STALKING PROTECTION ORDER REVISED 9/1/04 Discard all previous versions of this form <<<<<<<<<********>>>>>>>>>>>>> 3 INSTRUCTIONS FOR COMPLETING THE PETITION FOR A CIVIL STALKING PROTECTION ORDER (CSPO) These instructions are intended to assist you in preparing the Petition for a Civil Stalking Protection Order (CSPO), which can only be heard by the Common Pleas Court in your county. Throughout the petition you are called Petitioner and the person you are filing this petition against (the alleged stalker) is called Respondent. SOME HINTS BEFORE YOU BEGIN All forms must be typed or printed. When you print your name on the Petition, use the same name you use when you write your signature. Write your name and Respondents name the same way throughout the Petition. Fill out the Petition as completely and accurately as possible. If you have any questions about completing the Petition, ask the clerk of courts office for assistance or contact your local domestic violence program or the Ohio Domestic Violence Network at 800-934-9840. Under Federal and State Law no fees may be charged to obtain a protection order. FILLING OUT THE PETITION: Mark each instruction below after you read and complete it On the front page, leave the Case No. line and Judge lines blank. The clerk of courts office will fill in this information. On the top left-hand side of the front page, fill in the requested information about yourself. If you do not want your present address to be known, write confidential in the space for your address, but list someone elses address where you can receive notices from the court. Also on the top left-hand side of the front page, fill in the requested information about Respondent as best you can . You may use Respondents work address if you do not know Respondents home address. If you do not know Respondents date of birth, leave that line blank. Do not attempt to obtain this information unless it is safe to do so. Paragraph 1: If you are filing the Petition on behalf of yourself, mark the first box. Paragraph 2: If you are filing the Petition on behalf of a family orhousehold member, m ark the box and fill in their name(s) and the other information requested in the chart. You may attach additional pages if you need more room. Paragraph 3: State the date(s) of the incident(s) that brought you to file the Petition and provide a brief description of what happened that caused you to believe that the Respondent will cause physical harm or cause mental distress to you or another family membe r. (NOTE: Respondent does NOT have to be related to you or the other family members in any way.) If you are aware of any prior convictions of the Respondent for menacing by stalking, list what information you know about those convictions. You may attach additional pages if you need more room to complete your description. Paragraph 4: Indicate the action you want the court to take by marking the boxes next to the numbered paragraphs that apply to your situation. Paragraph 4(f): Write any special court orders you believe would help protect you and your family or household members. Paragraph 5: Be sure to mark the box next
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