I want a protection order, what can I do?

In Ohio, a protection order requires someone else to stay away from you physically and/or stop contacting you. Some people refer to these as 'restraining orders,' but in Ohio, they are always called protection orders. Whether you qualify for one, and what type of protection order you qualify for, depends on several factors, such as the relationship between you and the person you want protection from, and the underlying activity that the other person is engaging in. Violation of a protection order is a first-degree misdemeanor, punishable by up to 6 months in jail and/or a fine of up to $1,000. Here are the types of protection orders:

Family or Household Member

The type of protection order you may qualify for depends on whether the person is considered a "family or household member." In Ohio, a family or household member means you have lived together before and are either a blood relative (parent/child, sibling), spouse or former spouse, or if you have a child in common, even if you have never lived together.

Criminal Protection Orders

Protection orders can be tied to a criminal case, or one can apply for a civil protection order. Criminal protection orders are usually called temporary protection orders because they only last for as long as the criminal case is pending. Once the case is over, the protection order expires.

A criminal protection order can be granted against someone charged with felonious assault, aggravated assault, assault, aggravated menacing, menacing by stalking, aggravated trespass, menacing, or a sexually oriented offense against someone who is not a family or household member.

Domestic Violence Temporary Protection Orders (DVTPO)

A Domestic Violence Temporary Protection Order (DVTPO) can be granted in a criminal case against someone charged with domestic violence, stalking, criminal damaging or endangering, criminal mischief, burglary, aggravated trespass, sexually oriented offense, or any offense of violence (as defined in R.C. 2901.01) against a family or household member.

Civil Protection Orders

Civil protection orders last longer than criminal protection orders and can be in effect for up to five years before needing to be renewed. These orders are also distinguished by the relationship between the petitioner (person asking for the protection order) and the respondent (the person you need protection from).

Domestic Violence Civil Protection Order (DVCPO)

A Domestic Violence Civil Protection Order (DV CPO) can be granted against a family or household member who has committed domestic violence, menacing by stalking, aggravated trespass, child abuse, or a sexually oriented offense. Because there is a lower standard of proof for civil proceedings, there does not need to be a criminal charge to get a DV CPO.

Civil Stalking Protection Order (CSPO) or Civil Sexually Oriented Offense Protection Order (CSOOPO)

A Civil Stalking Protection Order (CSPO) or Civil Sexually Oriented Offense Protection Order (CSOOPO) can be granted against someone who has committed menacing by stalking or any sexually oriented offense against you. Again, there does not need to be a criminal charge to get a CSPO or a CSOOPO. Menacing by stalking typically requires two or more incidents happening close in time, whereas only one sexually oriented offense is required to qualify.

The Process of Obtaining a Protection Order

Typically, a magistrate will hear a petition for a civil protection order on the same day you apply for it. The magistrate can issue an ex parte order, meaning they temporarily order the protection without the participation of the other party until a hearing can be held. At that hearing, the parties can agree to a protection order, or the magistrate can hear the petitioner's evidence as to why the protection order is needed, and the respondent can present a defense, including cross-examining the petitioner and their witnesses.

Conclusion

Each type of protection order has different requirements regarding where they can be filed and the forms to fill out when requesting them. An experienced attorney can help navigate the complexities of requesting a protection order. Contact ALH Law Group today to help put your mind at ease and protect your peace.

‍