appealing a civil protection order.

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Latest post 01-11-2013 12:57 AM by jacelyn. 4 replies.
  • 01-07-2013 7:29 PM

    • tindle31
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    appealing a civil protection order.

    My daughter fell at my house and got a bruise on her head and rug burn on her nose. To keep me away my ex wife got a cpo against me. she took her to a hospital, detectives, and children services. All of them said they seen no sign of abuse. She showed up to court with pics of rug burn and a bruise and the granted it to her. in my daughters statement she even said "daddy let me fall down" (she's 3). I am appealing this as we speak but i am stuck finding old cases overturned for lack of evidence. And to see examples of briefs so i know how to do them. the briefs are all i have left to submitt for my case to go forward.

  • 01-07-2013 7:51 PM In reply to

    Re: appealing a civil protection order.

    Your basic problem is likely this: in an appeal, the appellate court does not make its own separate findings of fact. It instead accepts the trial court's factual determinations. Appeals thus generally focus on whether the court misapplied the law, not factual issues. The one typical exception is that an appeals court may reverse a case on the facts if the evidence was so completely lacking that no reasonable person could make the findings that the trial court made.

    Your daughter injured herself at your home. Your ex provided proof of that to the court, and you don't seem to dispute that the injury occurred. The only issue was likely why she got injured. So, what was your ex's argument for what happened? And what was your explanation?

  • 01-09-2013 8:00 PM In reply to

    • tindle31
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    Re: appealing a civil protection order.

    All she is saying is that she believes that my daughter didnt fall that i probably got mad and hit her or something. The whole protection order was about her (my ex wife) being scared of my anger. And my ex wife is not part of protection order. Just doesnt want me to have visitation. The thing that gets to me is that I have no history of violence, DV's or ever even had the police called to my house. Never any reason too.

    All I had to say was the truth. She fell playing- Im gonna get you- and fell and slid into the sweeper. She took her a day later to the hospital, detectives, and children services. They all said there was nothing there. So she did this. Thats why its so hard to find old cases where the court messed up. They just believed her.

  • 01-09-2013 10:18 PM In reply to

    Re: appealing a civil protection order.

    tindle31:
    To keep me away my ex wife got a cpo against me.

    tindle31:
    I am appealing this as we speak

    Please clarify:  did your ex get an ex parte CPO (civil protection order) and you are now preparing for the full hearing, or has the full hearing already occurred and you are now trying to appeal/overturn a final CPO?

    If you are preparing to attend the full hearing (when the judge or magistrate decides whether to enter a final CPO), it looks to me like what they'll want from you is your best proof that you did not hit your daughter and are not a danger to your daughter (not a child abuser).  I don't think you need to present any information from other people's cases.

    If you are trying to overturn a final CPO that's already been issued by a judge or magistrate, I have no idea what you need to present, sorry.  Might be a good idea to get a lawyer to help you with that.

    Here's a link to a website that explains the CPO process, including the difference between an ex parte CPO and a final CPO:    http://www.clermontcommonpleas.com/faqcpo.aspx

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