Legal Question in Family Law in Ohio

fraudulent cpo for blackmail purposes

my daughter-in-law was having an affair and wanted a quick end of the marraige. she blackmailed my son (who wanted to save the marriage) by telling him if he didn't sign dissolutionment papers she would get a cpo against him, which she did although he had done nothing to her. she reported him for 2 ridiculous violations and he spent 7 days in jail and $500 on these fraudulent charges. she twice offered to drop all charges if he'd sign the papers. the mediator will testify to this. she moved her boyfriend in the house and my son is so worried for his children's welfare, especially his little girls. she has repeatedly used the children against him and her personality has changed drastically. she continually lies and isn't taking care of the children like she used to. she showed up in court in her wedding dress begging him to start over which he agreed to. 4 days later (after he made her house payment, of course) she did another 180 and wanted him lover back. i guess our question would be a. is there any way he can demand a psychological evaluation on her because of her huge personality swings and b. is there any way to prosecute her for this blatent misuse of a system that i'm sure was put in place for truly abused women? thank you.


Asked on 11/03/05, 3:43 pm

1 Answer from Attorneys
Frank Rozanc Frank J. Rozanc, Esq.

Re: fraudulent cpo for blackmail purposes

He can ask for a psychological evaluation under Ohio Civil Rule 35 as part of a divorce proceeding. Has he filed, and has he filed for emergency temporary custody? As to going after her for flimsy DV charges, that is entirely within the discretion of the local prosecutor. As to the blackmail, that will not work, as a disolution of marriage is entirely voluntary. If it is not, the court WILL NOT grant same.

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Answered on 11/05/05, 2:14 pm


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