Domestic Violence Child Endangerment

Summary

Domestic violence in ohio witnessed by a child can result in child endangerment charges. To protect your child, file for a protective order, seek temporary custody, and consult a family law attorney. If the no-contact order doesnt include your child, file a motion with the parma municipal court to modify it. Prepare a written motion, file it, and attend the hearing to present your case.

Full Conversation

if a domestic violence occurred while in front of a toddler in the state of Ohio, would the aggressor that was arrested for the abuse face child endangering charges? If the abuser only received a domestic violence charge against the victim (mother), how do I make sure that he is not to be able to take our toddler if she permanently resides with myself and there is not marriage or custody agreement between us to ensure her safety?
Hi ****! In Ohio, domestic violence in the presence of a child can lead to additional charges such as child endangering.
To ensure the safety of your toddler, consider the following steps:
- File for a protective order: This can include provisions about child custody.
- Seek a temporary custody order: This establishes custody and visitation rights.
- Consult a family law attorney: They can help you navigate custody issues and ensure your child's safety.
Would you like to be connected to a local lawyer who can assist you further?
no thank you. Since she is my dependent and lives with me full time, wouldn't I be considered the custodial holder in ohio
In Ohio, if your child lives with you full time and you are the primary caregiver, you are generally considered the custodial parent. However, to formalize this status and ensure legal protection, you might want to pursue a legal custody order. This can be done through the family court. Would you like more information on this process?
The "no contact order" for the DV charge only covers myself and not child even though she was present and witnessed the abuse. He would be the one responsible to file for visitation with juvenile courts correct? I do not feel safe engaging or having my child near him during this time for their safety
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In Ohio, if the no-contact order only covers you and not your child, the other parent would need to file for visitation rights through the juvenile court. You can also request the court to modify the no-contact order to include your child for their safety.
Would you like more details on how to request a modification of the no-contact order to include your child?
yes, please. I have been working with the cuyahoga county prosecutors office in regards to modifying it and the judge stated that she will not add my kids only me so I would need to do that separately through parma municipal court
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To request a modification of the no-contact order to include your child, you will need to file a motion with the Parma Municipal Court. This process generally involves:
- Filing a written motion outlining your request and reasons.
- Attending a hearing where you can present evidence and arguments.
Would you like more information on filing the motion with the court?
yes
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To file a motion for modifying the no-contact order, you will need to:
- Prepare a written motion stating your request and reasons.
- File the motion with the Parma Municipal Court.
- Attend a hearing to present your case.
Would you like additional guidance on preparing the motion?
yes
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To prepare the motion for modifying the no-contact order, you should:
- Clearly state your request to include your child in the no-contact order.
- Provide specific reasons and any evidence that supports your request.
- File the motion with the Parma Municipal Court.
- Attend the scheduled hearing.
Would you like more detailed instructions on how to write the motion?
yes please.
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****, it seems like you have a significant case regarding your child's safety. Would you like to be connected to local lawyers who can better assist you with your case?
no thank you, just the motion breakdown.
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Sure, here’s a breakdown on how to write the motion:
- Title and Caption: Include the court name, your name as the petitioner, and the respondent's name.
- Introduction: Briefly state the purpose of the motion.
- Request: Clearly state that you are requesting to modify the no-contact order to include your child.
- Reasons: Provide detailed reasons why this modification is necessary, including any incidents or evidence.
- Conclusion: Restate your request and ask the court to grant the modification.
- Signature: Sign and date the motion.
Make sure to file the motion with the Parma Municipal Court and attend the scheduled hearing.
thanks
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You're welcome, ****. If you have any more questions or need further assistance, feel free to ask. Your child's safety is very important, and taking these legal steps will help ensure it.
due to the no contact order only including myself, the prosecutor said I would need to petition a separate motion with the parma city court and would be completely separate from the county case
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It looks like you've already received guidance on filing a motion to modify the no-contact order to include your child. Based on the information provided, you'll need to file this separately with the Parma Municipal Court.
If you have any further questions or need more detailed assistance, feel free to ask.
how would I go about petitioning that motion? the same way?
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To petition a motion with the Parma Municipal Court, follow these steps:
- Prepare the Motion: Write a motion to modify the no-contact order to include your child.
- File the Motion: Submit the written motion to the Parma Municipal Court.
- Attend the Hearing: Present your case and evidence at the scheduled hearing.
If you need more detailed assistance on any of these steps, feel free to ask!