Civil Protection Orders in Ohio
Civil Protection Orders (CPOs) are legal orders issued by a court to protect individuals from harm or harassment. In Ohio, these orders can be crucial for individuals seeking safety from threats, violence, or harassment. They are designed to provide immediate and long-term protection and can be tailored to meet the specific needs of the petitioner. However, often Civil Protection Orders are filed on baseless allegations that enable a spouse to use it as strategy in a divorce. Having an experienced Civil Protection Order attorney review the facts and evidence of the case is important.
Domestic Civil Protection Orders (DCPOs)
Domestic Civil Protection Orders are specifically designed to protect individuals from harm by a family or household member. This includes spouses, former spouses, cohabitants, individuals with whom the petitioner shares a child, and other family members. In Ohio, DCPOs can offer various forms of relief, including:
- Restraining the abuser from coming near or contacting the petitioner
- Granting temporary custody of children
- Ordering the abuser to vacate a shared residence
- Requiring the abuser to surrender firearms
To obtain a DCPO, the petitioner must file a request with the domestic court and demonstrate that they are in immediate danger of domestic violence. The court may issue a temporary protection order immediately that offers protection in the short term. A final hearing must occur later to determine if a longer-term order is necessary.
Civil Stalking Protection Orders (CSPOs)
Civil Stalking Protection Orders are designed to protect individuals from stalking or menacing by individuals who may not be family members or household members. Stalking involves a pattern of conduct that causes the victim to believe the stalker will cause physical harm or mental distress. In Ohio, a CSPO can:
- Prohibit the stalker from contacting or approaching the victim
- Order the stalker to stay away from the victim’s residence, workplace, or school
- Provide other relief deemed necessary by the court
- The process for obtaining a CSPO in Ohio involves filing a petition with the Common Pleas court and providing evidence of the stalking behavior. A temporary ex-parte order may be issued pending a full court hearing.
Important Information for Ohio Residents
In Ohio, the process for obtaining a Civil Protection Order is straightforward but requires careful documentation and evidence to support the petition. Key points to remember include:
- Filing Locations: Petitions for CPOs can be filed in the Domestic Relations Court or the Court of Common Pleas in the county where the petitioner resides or where the alleged conduct occurred.
- Ex-parte Temporary Orders: Temporary protection orders can be issued quickly to provide immediate protection while the case is pending. The court may make temporary allocation of custodial rights and parenting time.
- Legal Assistance: While it is possible to file for or defend a CPO without an attorney, having legal representation can ensure that the petitioner’s and respondent’s rights are fully protected and that all necessary evidence is presented effectively.
- Enforcement: Violating a CPO is a criminal offense in Ohio which is a Misdemeanor of the First Degree, and violators can be arrested and prosecuted. Violations of Protection Orders can be enhanced which means that any subsequent violation could be charged as a felony.
If you need assistance with filing or defending a Civil Protection Order in Ohio, our experienced attorneys are here to help. Contact us today to discuss your situation and explore your legal options.