How to Obtain a Civil Protection Order

Under the law in Ohio, you may use a civil protection order to receive temporary relief from an abusive situation whether or not a criminal charge is filed against the abuser.

In Ohio, there are bases for filing a civil protection order:

1. Attempting to cause or causing bodily injury;
2. Placing someone in fear of imminent harm by a threat; or committing menacing by stalking or aggravated trespass;
3. Abuse of a child.
4. A family or household member who is a victim, or an adult household member on behalf of a child may request the order. "Family or household members" includes: A spouse, an ex-spouse, a parent or child, a step-parent or step-child, other persons related to the abuser or to the spouse, or ex-spouse of the abuser who reside in the home or have resided in the home of the abuser, boyfriends, girlfriends, or their children who are living together or had lived together in the past year (including same-sex couples), or those who have a child in common even when they have never lived together.

FILING FOR A C.P.O.

You may request a civil protection order through the Domestic Relations Division of the Court of Common Pleas. Once the paperwork requisition the C.P.O. has been prepared, you will go to the court to file the request. This will be an ex-parte hearing, meaning your abuser is not present. You can request the Magistrate do one or more of the following:

• Order the abuser to have no contact with you in person or by phone, at home, work or anywhere.
• Award you temporary custody of children, child support or visitation arrangements, as well as use of the car or residence.
• Order the abuser to leave the house or apartment you and your abuser share-even if it is in your abuser's name.
• Order your abuser to attend counseling sessions.

When the motion is filed, the magistrate will need to know several things before granting the protection order: that you fit the definition of family or household members; that you or one of your children has been threatened or harmed; and that you are fearful of continuing harm. This will probably happen by the Magistrate having you sworn in and asking you some questions which will bring out the information the Magistrate. The Magistrate can then grant a temporary order, in effect until a full hearing is held. You will be given a date to return to court for the full hearing at this time. A copy of the order must be served on your abuser, which can be done by the sheriff's department or a special process server. If they are unable to serve it before the date of the full hearing, the hearing will not be held until your abuser is served. It is a good idea to provide the Magistrate with several addresses and times where they can find your abuser. It is a good idea to contact an attorney before the full hearing.

FULL HEARING

The Full Hearing is to be held within seven court days of when the original order was granted. Your abuser may come to court with an attorney, may come without one or may not appear at all. At this hearing, an agreement on terms of a continuing order may be reached, and the order is then titled a CONSENT AGREEMENT. Its power to help you and your children stay safer does not change. If an agreement cannot be reached, the magistrate will listen to testimony from both sides and decide on the terms and length of any continuing protection order. The maximum length of the order is two years. It can be changed or dismissed within the two years, upon request of a party and approval of the court. If there is any continued abuse after the civil order is dissolved, you can reapply for a new order. If your abuser was served and given notice of the hearing, but does not appear, the court can proceed without him/her. If you, as the petitioner, fail to appear and make no arrangements in advance to reschedule, the case can be dismissed and the protection order is no longer valid. You will also be charged with the court cost at this time.

USING A C.P.O.

When you obtain your certified copy of the protection order, you should keep it with you at all times. The local police should also be given a copy if it was modified in any way from the original order. You may want to provide copies to your workplace or your children's school or day care as well as any other police departments which are likely to be called to enforce the order, if it's violated.

If your abuser does not obey the order, you should call the police. The abuser can be arrested and charged with violation of a protection order.

Once an order is granted, it cannot automatically be dissolved by the actions of the victim, such as allowing the abuser to enter the residence. Only a judge can dissolve the order. Therefore, it is valid until it has expired by passage of time or upon a court order, and an abuser can be held to have violated the order regardless of the actions of the victim.

RESTRAINING ORDERS

There are other types of court orders available to victims with varying degrees of protections. Some people became confused between a protection order and a restraining order. A protection order is specific to domestic violence situations. The law provides that a violation of the order is a crime. Police can arrest for the violation of a protection order.

A restraining order is more frequently used at the time of a divorce to restrain one party from selling household goods, talking all the money out of the bank or for abuse and harassment when a protection order cannot be obtained. If this order is violated, the police cannot arrest. You must ask your attorney to file a contempt action with whatever court granted the restraining order.

AFTER YOU OBTAIN A PROTECTION ORDER

If you have received either a Criminal Temporary Protection Order (T.P.O.) or an Anti-Stalking Order from a Municipal Court, or a Civil Protection Order (C.P.O.) from the Domestic Relations Court, you should receive a CERTIFIED COPY of it. Keep the certified copy with you at all times. It is also a good idea to provide a copy to your workplace and your child's daycare or school as well as the police department of any city you reside or work in if it has not already been served with a copy by the court. You may also want to make a copy of the order and your other documents and keep them in a safe place. If you lose your copy or the abuser destroys it, the court can give you another certified copy of your protection order, though you may have to pay for it.

ENFORCING A PROTECTION ORDER

If you have received a Protection Order from either a Criminal Court or the Domestic Relations Court, the following information may be useful to you in obtaining the maximum benefits the court's order offers.

1. Remember to keep a copy of your order with you at all times.
2. If your abuser violates your order, call the police at once.
3. If the police officer who answers your call appears unfamiliar with or unwilling to enforce your protection order, call the dispatch umber for the police jurisdiction you are in and ask to speak with an Officer In Charge (If you are in Geauga County, ask to speak with the Officer In Charge) Explain that you have a protection order and need assistance with its enforcement.

Whenever an incident occurs which you believe is a violation. If you obtained a C.P.O. from the Domestic Relations Court, contact your attorney or Court Advocate who can advise you about the possibility of a criminal or contempt action. If you obtained your T.P.O. through prosecution, contact the prosecutor with the court that issued the order.

An abuser, who violates any part of the order, may be arrested or found in contempt of court. This means the abuser has not obeyed and order of the court. In Ohio, a violation of a Protection Order is also a crime. A judge is likely to take this very seriously. A person who violates a Protection Order can be punished by being sent to jail for up to 6 months and fined up to $1,000 (See O.R.C. 2919.27 for other specifics).

Because a protection order sets limits for the abuser so you and your children stay safer, it is important that those limits be enforced completely. Any time an abuser violates any part of the order, however minor, it is a good idea to make the court or police aware of it so they can address it. If the police are called, you should show them a copy of the order when they respond. If the officer has reasonable grounds to believe that a valid protection order was violated, the abuser is likely to arrest the abuser. It's a good idea to write down their names and badge numbers in case you want to follow up on your case. When the police officer that answers your call appears unfamiliar with or unwilling to enforce your Protection order, call the police station for that city or district and ask for the Officer in Charge. Explain that you have a Protection Order and need assistance with its enforcement.

CHANGING A PROTECTION ORDER

Once an order is granted, it cannot be dissolved or modified by anyone other than a judge on the case. If there are some changes you want to make, you need to request a change from the court.

Contact a WomenSafe Court Advocate at 440-286-7154 x226.