Minford, OH asked in Criminal Law for Ohio

Q: How to get a tpo dropped? And how long does the court have to indict you on a charge that’s been bound to grand jury?

My husband and I were both charged with dv due to his drug relapse and irrational behavior but bc there were no “unbiased” witnesses they charged us both. This has been almost 6 months ago... this is my husbands 3rd dv so it has been bound over to grand jury... I took a plea deal and have been given probation my tpo was dropped his is still in effect and I was told it wouldn’t be dropped until he has been indicted and his case is settled... my husband was already on probation due to a previous dv charge and was sentenced to go to rehab which he is due to complete next week... he has signed up for transitional housing bc he’s not allowed back here by doesn’t know when he will be accepted into that... I have since all this happened found out I’m pregnant and would like to make amends but this tpo is keeping us from doing so... honestly idk why we were charged with it in the first place I wouldn’t think the incident that happened was dv and they wouldn’t take my step fathers statement

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1 Lawyer Answer
Matthew Williams
Matthew Williams
Answered
  • Criminal Law Lawyer
  • Cleveland, OH
  • Licensed in Ohio

A: Realistically, the court isn't going to drop the TPO on a felony DV case until it's settled. The government has 6 years after the incident to indict a felony so they've got plenty of time. In general, indictments come back a lot faster than that. If it's been presented to the grand jury, the indictment is probably on its way.

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