General Information About Domestic Violence Protection Orders

          IN A CIVIL DOMESTIC VIOLENCE CASE:

                Petition for a Civil Protection Order ("CPO") is the document a domestic violence victim, the victim's parent or an adult household member of the victim must file with the domestic relations court to obtain a civil protection order against an alleged domestic violence offender.

                Ex Parte Civil Protection Order ("CPO") is an emergency order the court issues in response to the Petition for a Civil Protection Order after an ex parte hearing. The ex parte hearing is described in Form 10.01‑A reverse.

                Full Hearing Civil Protection Order ("CPO") is the final order the court issues after a full hearing. The full hearing is described in Form 10.01‑A reverse. The Full Hearing CPO replaces the ex parte CPO.

                Petitioner is the person asking or "petitioning" the court for protection. By filing the Petition for a CPO YOU are the Petitioner.

                Respondent is the alleged domestic violence offender and; Petitioner seeks protection from the Respondent by filing for a CPO.

       IN A CRIMINAL DOMESTIC VIOLENCE CASE:

Motion for a Temporary Protection Order ("TPO") is the document that must be filed in a criminal case if a victim of domestic violence wishes to obtain a protection order against an alleged domestic violence offender. The criminal case must allege the offender committed domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, or aggravated trespass against a family or household member.

                Temporary Protection Order ("TPO") is the order the court issues in response to the Motion for Temporary Protection Order. The TPO requires the domestic violence offender to stop abusing and to stay away from the victim(s) named in the Motion for Temporary Protection Order. A TPO expires when the alleged domestic violence offender's criminal case ends or when a new CPO is issued based on the same incident(s) of domestic violence.

                Alleged Victim is the person asking the court for protection in the Motion for a Criminal TPO. YOU are the Alleged Victim.

                Defendant is the person the Motion for a TPO is filed against. The Defendant is the person accused of the crimes of domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, or aggravated trespass against a family or household member.

      IN A CRIMINALSTALKING  DOMESTIC VIOLENCE CASE:

1. "Family or household member" is defined in existing law (sec. 2919.25) for purposes of the section dealing with anti-stalking protection orders as any of the following:

(a) Any of the following, who is residing or has resided with the offender: (i) a spouse, a person living as a spouse, or a former spouse of the offender, (ii) a parent or a child of the offender, or another person related by consanguinity or affinity to the offender, or (iii) a parent or child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender;

(b) The natural parent of any child of whom the offender is the other natural parent.

"Person living as a spouse" is defined in existing law (sec. 2919.25) as a person who is living or has lived with the offender in a common law marital relationship, who otherwise is cohabiting with the offender, or who otherwise has cohabited with the offender within one year prior to the date of the alleged commission of the act in question.

2. The existing provisions governing the issuance of anti-stalking protection orders specify that those orders cannot be issued based upon a complaint alleging that a person committed the aggravated menacing, menacing by stalking, menacing, or aggravated trespass if the offense alleged involves a person who is a family or household member of the alleged offender; rather, those provisions specify that if the complaint involves a family or household member, the complainant may file a motion for a temporary protection order under the Domestic Violence Law. However, the list of predicate offenses that the existing Domestic Violence Law lists as the offenses upon which a temporary protection order may be based does not include the offense of aggravated menacing or the offense of menacing. Arguably, these existing provisions are inconsistent regarding the issuance of temporary protection orders based on the offense of aggravated menacing or the offense of menacing when the offense alleged involves a person who is a family or household member of the alleged offender.

                There is NO COURT FEE for filing the Petition for a CPO form.

Under Federal Law the victim cannot be charged any court fees in connection with the prosecution of any misdemeanor or felony domestic violence offense. 42 USC 3796 gg‑5.

Under Federal Law the victim cannot be charged any court fees in connection with filing, issuance, registration, or service of a protection order or a petition for a protection order. 42 USC 3796 gg‑5.

Under Federal Law the victim cannot be charged any court fees in connection with the filing of criminal charges against the abuser, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the state, tribal, or local jurisdiction. 42 USC 3796 gg‑5.

    What is a Civil Protection Order ("CPO")?

                A CPO is issued by a domestic relations court  to protect a victim of domestic violence. A CPO is intended to prevent further domestic violence. It orders someone who has been abusive to do or not to do certain things in the future. You may want to consider getting a CPO even if you have a TPO from a criminal court because a CPO lasts longer and provides more benefits‑‑such as child custody and support orders.

                Violating a CPO is a crime. If the Respondent violates the CPO, he or she may be arrested, jailed, and fined for disobeying the CPO. A CPO can remain in effect for up to five years. If the Respondent violates the CPO, you can call the police, go back to the domestic relations court to file a contempt charge, and go the prosecutor's office to have the Respondent charged with the crime of violating the CPO.

     Why get a Civil Protection Order?

                If you are a victim of domestic violence, a CPO may help you. Once domestic violence starts, the violence often happens more often and gets increasingly severe. A CPO may stop this cycle of violence because the court orders the Respondent to stop hurting or threatening you and your family or household members. A court can use a CPO to order the Respondent to stay away from you for up to five years. A CPO can give you time to "sort things out" and decide what you want to do next without having to be afraid all of the time. If your children have seen domestic violence, a CPO may give all of you a chance to get some help so that you and your children are safe.

                Second, domestic violence is a crime. A CPO tells the Respondent you and the court are serious about requiring the Respondent to stop his or her abusive behavior and not hurt or threaten you again.

                Third, a CPO sets some "rules" that the Respondent must obey while the CPO is in effect. These rules may require the Respondent to pay child or spousal support; give up possession of a home or car; and/or obey the court's orders about visitation.

                Fourth, a CPO issued by a domestic relations court may last longer than a TPO issued by a criminal court and can provide more kinds of help. You should know that if you get a CPO the TPO from criminal court will end although the criminal case will continue.

                 Who can get a Civil Protection Order?

                You can apply for a CPO if you are related to the Respondent by blood or marriage and have lived with the respondent at any time; OR you are living with or have lived with the Respondent during the past five years; OR you used to be married to the Respondent; OR you have a child with the Respondent, whether or not you ever married or lived together.

                You can also get a CPO for any member of your household.

                You may be able to get a CPO if you have been dating the Respondent; if you share family or financial responsibilities with the Respondent; AND you have an intimate relationship with Respondent.

                If you are in this situation, you may need legal assistance or want to pursue civil stalking protection orders. Contact an attorney or Ohio State Legal Services at 800‑589‑5888.

                REMEMBER that a CPO has limits. If you suspect that the Respondent will not obey the terms of a CPO, contact your local domestic violence program or the Ohio Domestic Violence Network at 800‑934‑9840.

     Do I need an attorney to obtain a Civil Protection Order?

                No, but you are often better off having legal representation in your CPO proceeding. Having an attorney represent you is especially helpful when your case involves contested custody and visitation and/or when an attorney represents the Respondent. If you cannot afford an attorney, contact your local legal aid office, bar association, or Ohio State Legal Services (800‑589‑5888) for information on low cost or free legal representation.

     Must there be a court hearing for me to obtain a Civil Protection Order?

                Yes. There are two hearings involved in a CPO case: the ex parte hearing and the full hearing.

                Ex Parte Hearing: At this hearing only you are present. The Respondent is not present.

                If a Petition for a CPO is filed early enough in the day, an ex parte hearing is held that same day. If the Petition for a CPO is filed too late in the day, a hearing is scheduled for the following business day. At the ex parte hearing, you take an oath to tell the truth and a judge or magistrate hears your statement of what happened. If the judge or magistrate finds that the events you described meet the requirements of the law, the court will issue an Ex Parte CPO and schedule a full hearing. If the Respondent is asked to vacate the home in which you live, there will be a full hearing within 7 days. Otherwise, a full hearing will be set within 10 days.

                Full Hearing: The full hearing is the final hearing.

                At this hearing, both you and the Respondent can testify. You must be present at the full hearing. You should bring any witnesses who can support your case. If the court issues a Full Hearing CPO, the court files the CPO with the clerk of court. The clerk serves the appropriate parties with certified copies of the CPO. The CPO remains in force until the date indicated in the CPO, with five years being the maximum. The court cannot hold a full hearing until the Respondent has been served with the Ex Parte CPO. You may need to fill out forms for the clerk of courts to cause service.

                If the Respondent does not show up for the full hearing, you can still obtain a final CPO. However, if the Respondent is not served with the Ex Parte CPO before the full hearing, the court postpones the full hearing until the Respondent is served. If the full hearing is postponed, the Ex Parte CPO remains in effect until the full hearing is held.

Your local criminal court grants a TPO. You ask the court for a TPO when a criminal complaint is filed alleging someone has committed a domestic violence crime against you. The TPO orders someone who has abused you to do or stop doing certain things in the future. Violating a TPO is a crime. If the Defendant violates the TPO, the Defendant may be arrested, jailed, and fined for disobeying the TPO. Violating a TPO is also a reason for the court to revoke the Defendant's bail. A TPO lasts only until the criminal case is ended by a plea, a conviction, or a dismissal of charges, or a CPO is issued by a domestic relations court.

 When a complaint is filed alleging that a person has committed the offense of aggravated menacing, menacing by stalking, menacing, or aggravated trespass, the complainant, if the offense alleged does not involve a person who is a family or household member of the alleged offender, may file a motion that requests the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender in addition to any bail set for the offender (sec. 2903.213(A)).

If the complaint alleging one of those offenses involves a person who is a family or household member of the offender, the complainant, instead of seeking an anti-stalking protection order, generally may seek a temporary protection order under the Domestic Violence Law (sec. 2903.213(A)). The offenses that may be a predicate for the issuance of a temporary protection order under that Law are domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, aggravated trespass, or a violation of a municipal ordinance that is substantially similar to domestic violence, assault, menacing by stalking, or aggravated trespass that involves a person who was a family or household member at the time of the violation (sec. 2919.26(A)(1).