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(Part 1 – The Domestic Violence Temporary Protection Order (DVTPO))
In Ohio, various courts may issue six different types of protection orders. They consist of the following: Domestic Violence Temporary Protection Order (DVTPO), Civil Protection Order (CPO), Criminal Protection Order, Stalking and/or Sexually Oriented Offense Protection Order (SSOOPO), Juvenile Domestic Violence Civil Protection Order, and Juvenile Criminal Protection Order. Each protection order that can be issued in Ohio has several key features and limitations.
(Part 2 – The Civil Protection Order (CPO))
Civil Protection Order (CPO) (R.C. 3113.31)
WHEN AVAILABLE: The CPO may be filed when a person has committed or attempted to commit an act of Domestic Violence, Menacing by Stalking, Aggravated Trespass, or a sexually oriented offense against a family or household member or who has committed an act that would result in a family or household member being an abused child. (No requirement that a criminal complaint is filed as a prerequisite.)
(Part 4 – The Stalking And/Or Sexually Oriented Offense Protection Order (SSOOPO))
Stalking and/or Sexually Oriented Offense Protection Order (SSOOPO) (R.C. 2903.214)
WHEN AVAILABLE: The SSOOPO may be issued when a person has engaged in Menacing by Stalking or a sexually oriented offense against any other person (whether or not the victim is or was a family or household member).
(Part 5 – Consequences For Violating Protection Orders)
Violating a Protection Order (R.C. 2919.27)
Ohio Revised Code section 2919.27 is the criminal statute dealing with violations of protection orders. According to the statute:
(A) No person shall recklessly violate the terms of any of the following:
(1) A protection order issued or consent agreement approved under section 2919.26 [DVTPO] or 3113.31 [CPO] of the Revised Code;
(2) A protection order issued under section 2151.34 [Juvenile Criminal Protection Order], 2903.213 [CRPO], or 2903.214 [SSOOPO] of the Revised Code;
(3) A protection order issued by a court of another state.
(Part 6 – The Juvenile Domestic Violence Civil Protection Order (JDVCPO))
Juvenile Domestic Violence Civil Protection Order (JDVCPO) (R.C. 3113.31)
WHEN AVAILABLE: The JDVCPO may be issued when a person less than 18 years of age has committed or attempted to commit an act of Domestic Violence, Menacing by Stalking, Aggravated Trespass, or a sexually oriented offense against a family or household member OR who has committed an act that would result in a family or household member being an abused child.
(Part 7 – The Juvenile Criminal Protection Order (JCRPO))
Juvenile Criminal Protection Order (JCRPO) (R.C. 2151.34)
WHEN AVAILABLE: The JCRPO may be issued under an ALLEGATION that a respondent under eighteen years of age engaged in a violation of Felonious Assault, Aggravated Assault, Assault, Aggravated Menacing, Menacing by Stalking, Menacing, Aggravated Trespass, or any sexually oriented offense, or engaged in a violation of any municipal ordinance that is substantially equivalent.
WHO MAY REQUEST: Any person or adult family or household member on behalf of any other family or household member. Any person who is determined by the court in its discretion to be an appropriate person to seek relief under this section on behalf of any child.
WHERE FILED: Juvenile Court.
TERMS: Any terms necessary to protect any persons named in the protection order. Electronic monitoring may be ordered upon request or upon the court’s own motion. No order can be waived or nullified by reason of the consent or invitation of the person to be protected. According to federal law, the defendant cannot possess a weapon.
PROCEDURE: If an ex parte order (in which the defendant is not notified and not present) is requested, the court shall hold an ex parte hearing as soon as possible after the petition is filed but no longer than the next day after the court is in session. If the court, after an exparte hearing, issues an ex parte order, the court shall schedule a full hearing for a date that is within 10 court days after the ex parte hearing. The court shall give the respondent notice of and an opportunity to be heard at the full hearing. The court also shall give notice of the full hearing to the parent, guardian, or legal custodian of the responded. No filing fee may be charged. The court shall direct that a copy of the order shall be delivered to the defendant on the same day the order is entered.
DURATION: A date certain but no later than the date the respondent attains nineteen years of age.
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.
VIOLATION: A delinquent child proceeding or a criminal prosecution (if the respondent/defendant is now an adult). Only the Juvenile Court has jurisdiction to handle prosecutions of a violation of a juvenile protection order. (In other words, adults can be prosecuted in Juvenile Court in situations such as this.)
