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Protection Order Dismissal Impact
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A dismissed protection order and unsubstantiated DSS findings could impact your child custody case in Cuyahoga County. The court will consider the best interest of the child and may question the credibility of the claims. You can subpoena relevant records, including forensic interview tapes, but the process can be complex, especially when dealing with out-of-state entities. Consult a local attorney for specific guidance and to ensure proper procedures are followed.Full Conversation
My 1 year protection order for my daughter was dismissed.
I'm sorry to hear about your situation, ****. May I know your location to provide relevant legal information? Also, could you provide more details about why the order was dismissed?
Mecklenburg County
Hello ****, in Mecklenburg County, if a protection order was dismissed:
- It might be because the judge didn't find enough evidence of a threat.
- You can apply for a new order if new circumstances arise.
- Legal representation could improve your chances next time.
Please consult a local attorney for specific advice.
- It might be because the judge didn't find enough evidence of a threat.
- You can apply for a new order if new circumstances arise.
- Legal representation could improve your chances next time.
Please consult a local attorney for specific advice.
Can this hurt the pending custody matter that is in Cuyahoga County
Hello ****, in Cuyahoga County:
- A dismissed protection order might affect a custody case, depending on the circumstances.
- The court considers the best interest of the child.
- The reason for dismissal might be considered.
Please consult a local attorney for specific advice.
- A dismissed protection order might affect a custody case, depending on the circumstances.
- The court considers the best interest of the child.
- The reason for dismissal might be considered.
Please consult a local attorney for specific advice.
It was dismissed because the DSS stated that the findings were unsubstantiated
Hello ****, in both Mecklenburg and Cuyahoga Counties:
- Unsubstantiated findings could potentially impact a custody case.
- Each case is unique and depends on individual circumstances.
- It's advisable to consult with a local attorney for personalized advice.
- Unsubstantiated findings could potentially impact a custody case.
- Each case is unique and depends on individual circumstances.
- It's advisable to consult with a local attorney for personalized advice.
How could it impact the case
In both Mecklenburg and Cuyahoga Counties:
- Unsubstantiated claims might lead the court to question the credibility.
- It could influence the judge's perception of what's in the child's best interest.
- It may affect your argument for sole custody.
Consult a local attorney for personalized advice.
- Unsubstantiated claims might lead the court to question the credibility.
- It could influence the judge's perception of what's in the child's best interest.
- It may affect your argument for sole custody.
Consult a local attorney for personalized advice.
I have sole custody and the father has visitation rights
Hello ****, with your sole custody:
- The dismissal of the protection order might not directly affect your custody.
- If there are new incidents, you may request a modification in visitation rights.
- Consult your local attorney for further advice.
- The dismissal of the protection order might not directly affect your custody.
- If there are new incidents, you may request a modification in visitation rights.
- Consult your local attorney for further advice.
The child disclosed abuse to me and I called DSS. There was an investigation and now the findings are unsubstantiated. I filed for jurisdiction change and to register a foreign custody order and father in turn filed to modify and then I filed emergency custody
Hello ****, considering your situation:
- The court will evaluate the child's best interest in the jurisdiction change.
- Unsubstantiated abuse claims might affect the court's decision.
- For emergency custody, you must present substantial evidence.
Consult a local attorney for specific guidance.
- The court will evaluate the child's best interest in the jurisdiction change.
- Unsubstantiated abuse claims might affect the court's decision.
- For emergency custody, you must present substantial evidence.
Consult a local attorney for specific guidance.
So will the modification by the father be heard first
In most cases:
- The court decides the order of hearing cases based on their filing dates.
- If the father's modification was filed first, it might be heard first.
- Your attorney can provide more accurate information.
- The court decides the order of hearing cases based on their filing dates.
- If the father's modification was filed first, it might be heard first.
- Your attorney can provide more accurate information.
I filed jurisdiction change first then the father filed modification
Hello ****, given your situation:
- Since you filed for a jurisdiction change first, it might be heard before the father's modification.
- However, the court has discretion to decide the order.
- Consult your attorney for a better understanding.
- Since you filed for a jurisdiction change first, it might be heard before the father's modification.
- However, the court has discretion to decide the order.
- Consult your attorney for a better understanding.
Ok so when does the emergency custody order come into play
Hello ****, generally:
- An emergency custody order comes into play when there's an immediate threat to the child.
- It can be filed at any time and is often heard before other matters.
- Each case is unique; consult your attorney for specific guidance.
- An emergency custody order comes into play when there's an immediate threat to the child.
- It can be filed at any time and is often heard before other matters.
- Each case is unique; consult your attorney for specific guidance.
If I filed emergency custody due to suspected abuse but the DSS report is unsubstantiated and the protection order from Mecklenburg was dismissed. Now what
Hello ****, in your situation:
- You may consider gathering more evidence to support your claims.
- The court will assess the child's best interest.
- Unsubstantiated abuse claims may affect your case.
Consult your attorney for further guidance.
- You may consider gathering more evidence to support your claims.
- The court will assess the child's best interest.
- Unsubstantiated abuse claims may affect your case.
Consult your attorney for further guidance.
Would the statement made by the initial case worker help and the video tape from the forensic interview
Hello ****, in general:
- The statement from the case worker and forensic interview tape can be helpful.
- They provide insight into the initial evaluation of the situation.
- Their value depends on the court's interpretation.
Consult your attorney for tailored advice.
- The statement from the case worker and forensic interview tape can be helpful.
- They provide insight into the initial evaluation of the situation.
- Their value depends on the court's interpretation.
Consult your attorney for tailored advice.
Would the family law attorney subpoena those records
Hello ****, typically:
- A family law attorney can subpoena relevant records.
- This could include case worker statements and forensic interview tapes.
- Ensure your attorney is aware of these materials.
Always consult your attorney for the best course of action.
- A family law attorney can subpoena relevant records.
- This could include case worker statements and forensic interview tapes.
- Ensure your attorney is aware of these materials.
Always consult your attorney for the best course of action.
I cannot subpoena as pro se?
Hello ****, generally speaking:
- As a pro se litigant, you have the right to subpoena records or witnesses.
- However, the process can be complex and requires following specific rules.
- Consider seeking legal assistance to ensure correct procedure.
Always consult with a local attorney for specific advice.
- As a pro se litigant, you have the right to subpoena records or witnesses.
- However, the process can be complex and requires following specific rules.
- Consider seeking legal assistance to ensure correct procedure.
Always consult with a local attorney for specific advice.
What are the specific rules
Hello ****, the specific rules for subpoenaing records as a pro se litigant may vary by location, but generally:
- Subpoena must be properly filled out and signed by a court clerk.
- It must be served to the person or entity correctly.
- Compliance with local court rules is necessary.
Please consult a local attorney or court clerk for specific procedures.
- Subpoena must be properly filled out and signed by a court clerk.
- It must be served to the person or entity correctly.
- Compliance with local court rules is necessary.
Please consult a local attorney or court clerk for specific procedures.
What clerk would sign it? The clerk in Ohio or where the records are which is Mecklenburg?
Hello ****, generally:
- The subpoena should be signed by the clerk of the court where the case is pending.
- In your case, if the custody matter is in Cuyahoga County, Ohio, the clerk there would sign it.
- Consult your local court for specific procedures.
- The subpoena should be signed by the clerk of the court where the case is pending.
- In your case, if the custody matter is in Cuyahoga County, Ohio, the clerk there would sign it.
- Consult your local court for specific procedures.
What are the rules for subpoenaing records as a pro se in Cuyahoga county
Hello ****, in Cuyahoga County, as a pro se litigant:
- A subpoena must be written, signed by the clerk or a judge.
- Properly served to the person or entity.
- You must pay a witness fee if required.
- Comply with the Ohio Rules of Civil Procedure.
Please consult a local attorney for specific guidance.
- A subpoena must be written, signed by the clerk or a judge.
- Properly served to the person or entity.
- You must pay a witness fee if required.
- Comply with the Ohio Rules of Civil Procedure.
Please consult a local attorney for specific guidance.
How do I get the judge to sign
Hello ****, to get a judge to sign a subpoena in Cuyahoga County:
- You need to submit a written request.
- Include the case number, names of parties, and reasons for the subpoena.
- The judge reviews your request and may sign if it meets the criteria.
Please consult a local attorney for more guidance.
- You need to submit a written request.
- Include the case number, names of parties, and reasons for the subpoena.
- The judge reviews your request and may sign if it meets the criteria.
Please consult a local attorney for more guidance.
Example of writtten request
Hello ****, a subpoena request might look like this:
"Dear Judge [Name],
I am a pro se litigant in the case [Case Name/Number]. I respectfully request a subpoena for [Name of Entity/Person] to produce [Specify Documents]. These records are essential because [Explain Reason].
Thank you for considering my request.
Sincerely,
[Your Name]"
Please consult an attorney for specific advice.
"Dear Judge [Name],
I am a pro se litigant in the case [Case Name/Number]. I respectfully request a subpoena for [Name of Entity/Person] to produce [Specify Documents]. These records are essential because [Explain Reason].
Thank you for considering my request.
Sincerely,
[Your Name]"
Please consult an attorney for specific advice.
How do I subpoena Pats Place child advocacy for a video tape of forensic interview?
Hello ****, generally to subpoena Pat's Place Child Advocacy Center for a videotape of a forensic interview in Cuyahoga County:
- Prepare a written request following the above format.
- Specify "videotape of forensic interview conducted at Pat's Place" in the documents section.
- Deliver the subpoena to Pat's Place Child Advocacy Center.
- Follow the Ohio Rules of Civil Procedure.
Please consult your local attorney for specific guidance.
- Prepare a written request following the above format.
- Specify "videotape of forensic interview conducted at Pat's Place" in the documents section.
- Deliver the subpoena to Pat's Place Child Advocacy Center.
- Follow the Ohio Rules of Civil Procedure.
Please consult your local attorney for specific guidance.
So in this case I am subpoenaing the name of entity? Not a person?
Hello ****, that's correct:
- You would subpoena the entity, in this case, "Pat's Place Child Advocacy Center".
- Specify the document needed, like "videotape of forensic interview".
- Remember to follow the Ohio Rules of Civil Procedure.
Please consult a local attorney for specific advice.
- You would subpoena the entity, in this case, "Pat's Place Child Advocacy Center".
- Specify the document needed, like "videotape of forensic interview".
- Remember to follow the Ohio Rules of Civil Procedure.
Please consult a local attorney for specific advice.
What are the Ohio Rules of civil procedure in this instance
Hello ****, in this case, the Ohio Rules of Civil Procedure, Rule *, related to subpoenas, may apply:
- A subpoena must command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated records.
- A subpoena may specify the form or forms in which electronically stored information is to be produced.
- A subpoena must be served in accordance with Civil Rule *.*.
Please consult a local attorney for specific guidance.
- A subpoena must command each person to whom it is directed to attend and give testimony or to produce and permit inspection and copying of designated records.
- A subpoena may specify the form or forms in which electronically stored information is to be produced.
- A subpoena must be served in accordance with Civil Rule *.*.
Please consult a local attorney for specific guidance.
What if the agency’s to be subpoenaed are in a different state other than Ohio
Hello ****, if the agency to be subpoenaed is in a different state:
- Ohio's "long-arm" statute might apply for out-of-state subpoenas.
- You might need to comply with the Uniform Interstate Depositions and Discovery Act.
- Consult with a local attorney for specific advice.
- Ohio's "long-arm" statute might apply for out-of-state subpoenas.
- You might need to comply with the Uniform Interstate Depositions and Discovery Act.
- Consult with a local attorney for specific advice.
How do I do that
To subpoena an out-of-state agency:
- You need to draft a subpoena following Ohio's rules.
- Then, submit it to the court in the state where the agency is located for approval.
- Serve the approved subpoena to the agency.
For specifics, consult a local attorney.
- You need to draft a subpoena following Ohio's rules.
- Then, submit it to the court in the state where the agency is located for approval.
- Serve the approved subpoena to the agency.
For specifics, consult a local attorney.
So I would first submit a subpoena in Ohio asking for the judge to sign off and then take that to Mecklenburg and get them to approve it?
Hello ****, generally:
- You would first get the subpoena issued in Ohio, where your case is.
- Then, you'd need to domesticate it in North Carolina, where the records are.
- Each state has specific rules.
Always consult a local attorney for specific procedures.
- You would first get the subpoena issued in Ohio, where your case is.
- Then, you'd need to domesticate it in North Carolina, where the records are.
- Each state has specific rules.
Always consult a local attorney for specific procedures.
Example of doing this
Hello ****, to subpoena an out-of-state agency, you might proceed as follows:
Step *: Draft a subpoena in Ohio and get it signed by the judge.
Step *: Take the signed subpoena to North Carolina. File it with the court in Mecklenburg County for domestication.
Step *: Once approved, serve the subpoena to the agency.
Please consult a local attorney for tailored guidance.
Step *: Draft a subpoena in Ohio and get it signed by the judge.
Step *: Take the signed subpoena to North Carolina. File it with the court in Mecklenburg County for domestication.
Step *: Once approved, serve the subpoena to the agency.
Please consult a local attorney for tailored guidance.
Once domesticated does mecklenburg serve the agency’s
Hello ****, typically:
- After the subpoena is domesticated in Mecklenburg, you're responsible for serving it to the agency.
- You can hire a process server or use certified mail.
- Consult your local attorney for specific guidance.
- After the subpoena is domesticated in Mecklenburg, you're responsible for serving it to the agency.
- You can hire a process server or use certified mail.
- Consult your local attorney for specific guidance.
Is there a form to fill out in Mecklenburg to get it “domesticated”
Hello ****, usually:
- There isn't a specific form for subpoena domestication.
- You might need to file a "Notice for Issuance of Out-of-State Subpoena".
- This process can vary; please consult a local attorney or the Mecklenburg County Clerk's office.
- There isn't a specific form for subpoena domestication.
- You might need to file a "Notice for Issuance of Out-of-State Subpoena".
- This process can vary; please consult a local attorney or the Mecklenburg County Clerk's office.
What is that process
Hello ****, to domesticate an out-of-state subpoena in Mecklenburg County:
- File a "Notice for Issuance of Out-of-State Subpoena".
- Attach the Ohio-issued subpoena.
- The clerk of the court will issue a North Carolina subpoena.
Consult a local attorney for specific guidance.
- File a "Notice for Issuance of Out-of-State Subpoena".
- Attach the Ohio-issued subpoena.
- The clerk of the court will issue a North Carolina subpoena.
Consult a local attorney for specific guidance.
Could Ohio judge deny my request to subpoena?
Hello ****, yes, the Ohio judge could deny your request to subpoena if:
- The requested information is irrelevant or not crucial to your case.
- The subpoena imposes an undue burden on the person or entity.
- The request is for privileged information.
Please consult a local attorney for specific guidance.
- The requested information is irrelevant or not crucial to your case.
- The subpoena imposes an undue burden on the person or entity.
- The request is for privileged information.
Please consult a local attorney for specific guidance.
Is the forensic interview of the child and the case workers interview with the child relevant even though the DSS findings are unsubstantiated
Hello ****, generally:
- Yes, a forensic interview and case worker's interview could be relevant.
- They may provide context or additional information.
- However, a court ultimately determines relevance.
Consult your attorney for specific guidance.
- Yes, a forensic interview and case worker's interview could be relevant.
- They may provide context or additional information.
- However, a court ultimately determines relevance.
Consult your attorney for specific guidance.
Can I start this process now? Even though I have filed jurisdiction change and the father filed modification and I then filed temporary custody?
Hello ****, you can typically start the subpoena process at any time. However, it's important to note:
- The court may wish to resolve jurisdiction issues first.
- The timing and order of procedures can vary.
- Consult your attorney for specific advice.
- The court may wish to resolve jurisdiction issues first.
- The timing and order of procedures can vary.
- Consult your attorney for specific advice.
When do I subpoena in this case
Hello ****, generally, you should subpoena as soon as you have identified the necessary documents or witnesses. However, considering the complexity of your case:
- The timing could be influenced by the court's decision on jurisdiction.
- Consult your attorney for the best strategy.
Please consult with a local attorney for personalized advice.
- The timing could be influenced by the court's decision on jurisdiction.
- Consult your attorney for the best strategy.
Please consult with a local attorney for personalized advice.
So if they decide to keep jurisdiction then what
Hello ****, if they decide to keep jurisdiction in Cuyahoga County:
- Your case, including the father's modification and your temporary custody request, will proceed there.
- You can then continue with the subpoena process.
- Consult your attorney for further guidance.
- Your case, including the father's modification and your temporary custody request, will proceed there.
- You can then continue with the subpoena process.
- Consult your attorney for further guidance.
I will have enough time?
Hello ****, generally:
- The court usually provides reasonable time for parties to prepare their cases.
- However, timelines can differ based on individual cases and court schedules.
- It's best to consult your attorney about specific timelines.
Always consult with a local attorney for personalized advice.
- The court usually provides reasonable time for parties to prepare their cases.
- However, timelines can differ based on individual cases and court schedules.
- It's best to consult your attorney about specific timelines.
Always consult with a local attorney for personalized advice.
What happens if the case is not heard due to jurisdiction
Hello ****, if a case isn't heard due to jurisdiction issues:
- The case may be transferred to the appropriate jurisdiction.
- It could also be dismissed, requiring you to refile in the correct location.
- Consult your attorney for specific guidance.
- The case may be transferred to the appropriate jurisdiction.
- It could also be dismissed, requiring you to refile in the correct location.
- Consult your attorney for specific guidance.
How will the new court see all of the prior case findings to make the best decision
If a case is transferred to a new court:
- The transferred case usually includes all prior case findings.
- The new court reviews these to ensure a fair decision.
- It's important to consult with a local attorney for detailed guidance.
- The transferred case usually includes all prior case findings.
- The new court reviews these to ensure a fair decision.
- It's important to consult with a local attorney for detailed guidance.
Does it include evidence
Hello ****, when a case is transferred:
- Yes, it usually includes all evidence that was presented in the original court.
- This allows the new court to have a full understanding of the case.
- Consult with your attorney for more specific guidance.
- Yes, it usually includes all evidence that was presented in the original court.
- This allows the new court to have a full understanding of the case.
- Consult with your attorney for more specific guidance.