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| Frequently Asked Questions |
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What do I wear to court?
Appropriate dress is required for everyone conducting business with the court. The following list is a guide for dressing:
Can someone other than my parent come to court?
The Court requires a parent/guardian to appear with a minor. Exceptions are made if the individual is 18 years or older when the hearing takes place.
Do I have to appear in court or can I just pay a fine?
How do I get my court date changed?
You must contact the clerk’s office and fill out a continuance form to request that the court date be continued. This must approved by the Judge in advance or you are expected to appear at your scheduled date and time.
How do I get a court appointed attorney?
It depends upon what brings you to court. You must fill out a request for an attorney and provide income documentation. Eligibility is determined on an individual basis.
How long will I be at Court?
The court tries to handle cases on time. Please check in 10 minutes before your scheduled time. There can be unexpected delays. It may be necessary for you and your child to meet with other court personnel following your court hearing. Please allow time in your schedule to be at court longer than you may expect. Your patience is appreciated.
How much is this going to cost?
Basic court costs are as follows:
Can I bring my other children with me to court?
Please arrange in advance for appropriate babysitting for younger children. Young children will not be permitted in the courtroom or unattended in the hallway. Continuances will not be granted because you did not secure a babysitter.
How do I get my records sealed or expunged?
Ohio law allows under certain conditions for a juvenile to have his/her record sealed or expunged. To seal a record means to remove the record from the main file of similar records and to secure it in a separate file that contains only sealed records and is accessible only the Juvenile Court or law enforcement under special circumstances. Once a record is sealed by the Juvenile Court, you and the Court may properly reply “no record exists”. To expunge a record means to destroy, delete and erase a record as appropriate for the record’s physical or electronic form or characteristic. This means the record is permanently irretrievable.
You may apply to this court for an order to seal your records two years after the termination of orders made by this Court. You may obtain a form from the Juvenile Clerk’s Office. Once your application is filed, the matter will be reviewed by the Court and the Miami County Prosecutor. Your request may be set for a hearing to determine if you are truly eligible to have your records sealed and hear testimony for or against the sealing request. Sealing may take place if you meet the following requirements indicating you have been rehabilitated. There may be many factors that enter into the issue of rehabilitation that will include, but are not limited to the following:
If your case was dismissed with prejudice without costs, it will be sealed automatically by the Court upon closing of the case. If it was dismissed with prejudice with cost, it will be sealed automatically by the Court upon closing of the case and payment of the court costs. If it was dismissed without prejudice without costs, you will need to apply for sealing. If your record is sealed, it will automatically be expunged after a period of five years or when you reach age 23, whichever occurs sooner. Do I have to have a hearing to obtain custody of a child?
Yes. It is important to gather all the important information so the Judge or Magistrate can make the decision that will be in the best interest of the child. Even if the parties involved agree about the outcome, the Court must inform them of their rights and responsibilities in any custody action.
How do I file for custody?
The best way is to contact an attorney who will gather the information and put it in the correct format to be filed with the Court. You may, however, choose to file an action on your own. If so, you must pick up a packet from the Court that includes basic instructions on completing the forms. You are responsible for supplying the name and address of any party that has an interest in the custody of the child such as a parent or current custodian of the child. The Court cannot act as your attorney. If you choose to file on your own, it will be up to you to try your own case and subpoena witnesses if necessary. You must also pay a filing fee of $75.00 per child in order to start a custody action.
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