What Types of Protection Orders can be Issued by Ohio Courts? (Part 3 – The Criminal Protection Order (CRPO))
Home Blog What Types of Protection Orders can be Issued by Ohio Courts? (Part 3 – The Criminal Protection Order (CRPO))
WHO MAY REQUEST: The complainant OR victim of the criminal offense or a family or household member of the alleged victim.
WHERE FILED: Court with jurisdiction over the criminal charge.
TERMS: “[Any] terms designed to ensure the safety and protection of the complainant[.]” No order can be waived or nullified by reason of the consent or invitation of the victim or a family or household member. (Remember, some jurisdictions have attempted to prosecute victims who have invited defendants into their homes.) If the defendant is bound over from a municipal or county court to a common pleas court, the municipal or county court shall order a copy of the CRPO delivered to the common pleas court.
PROCEDURE: A hearing shall be held no later than the next court day after filing the petition. The person requesting the CRPO must appear in court. The court may on its own motion issue an ex parte order (an order in which the defendant is not notified and not present at the hearing) – but the court must then hold a hearing no later than the next court day, in which the defendant is entitled to be notified and present. No filing fee may be charged. The court shall direct that a copy of the CRPO be delivered to the defendant on the same day the order is entered.
DURATION: The CRPO lasts until the underlying criminal charge is dismissed or the defendant is sentenced OR until the victim obtains a SSOOPO.
ENFORCEMENT: Law enforcement agencies are required to maintain an index of all protection orders. (Nevertheless, it would be a good idea to keep copies of the order in your purse, briefcase, home, and vehicles.) All law enforcement agencies in Ohio are required to enforce the order, regardless of whether or not the order is registered in that jurisdiction.
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Horwitz & Horwitz, LLC
201 W. Franklin St., Ste. C
Centerville, OH 45459
t:(937) 828-5534
f: (937) 828-5534