What Types of Protection Orders can be Issued by Ohio Courts? (Part 1 – The Domestic Violence Temporary Protection Order (DVTPO))

Domestic Violence Temporary Protection Order (DVTPO) (R.C. 2919.26)

WHEN AVAILABLE:  The DVTPO is available on the filing of a criminal complaint for any offense of violence, any sexually oriented offense, Criminal Damaging or Endangering, Criminal Mischief, Burglary, or Aggravated Trespass ONLY if the victim was a family or household member at the time of the offense.  (A complaint must be filed.)

WHO MAY REQUEST:  The complainant OR victim of the criminal offense OR a family or household member of the alleged victim OR the arresting officer if the victim is unable.  (Oftentimes, the arresting officer will request a DVTPO, if the victim is unwilling, but able, to request.)

WHERE FILED:  The Court with jurisdiction over the criminal charge.

TERMS:  “[Any] terms designed to ensure the safety and protection of the complainant, alleged victim, or [other] family or household member” of the defendant may be included.  No order can be waived or nullified by reason of the consent or invitation of the victim or a family or household member.  (In fact, in several jurisdictions, victims have been charged with inviting the defendant back into the home, in violation of the terms of the protection order.)  Per federal law, the defendant will no longer be permitted to possess a weapon.  If the defendant is bound over from a municipal court or county court to a common pleas court, the municipal court or county court shall order a copy of the DVTPO delivered to that common pleas court.

PROCEDURE:  A hearing on an application for a DVTPO must be held no later than 24 hours after the filing of the application.  The person requesting the order or (if the person requesting the order is unable to appear due to a medical condition resulting from the criminal offense) a representative must appear in court.  The court may on its own motion issue an ex parte order (an order in which the defendant receives no prior notice and is not present) – but the court must then hold a hearing in the presence of the defendant no later than the next court day after arrest or appearance pursuant to a summons.  No filing fee may be charged.  Upon the granting of the application for DVTPO, the court shall direct that a copy of the DVTPO be delivered to the defendant on the same day the order is entered.

DURATION:  The DVTPO is only effective until the underlying criminal charge is dismissed or the defendant is sentenced OR the victim is issued a CPO or consent agreement.  (Thus, the DVTPO is only effective for a relatively short duration.)

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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About Jon Horwitz

Jon Horwitz is an experienced criminal defense lawyer dedicated to helping people charged of a crime. He is dedicated to providing honest, straightforward advice and advocacy in order to get the best possible result for each client. Jon currently lives in Centerville with his wife and two children. He coaches basketball through the Centerville Hustle organization and is a former soccer coach. He continues to play soccer and is an avid fan of the sport.

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