What Types of Protection Orders can be Issued by Ohio Courts? (Part 2 – The Civil Protection Order (CPO))

WHO MAY REQUEST:  Any person or a parent or adult household member on behalf of any other family or household member.

WHERE FILED:  Domestic Relations Court.

TERMS:  “[A]ny … orders … necessary to protect the family or household member[s] from domestic violence” or “to protect the petitioner or victim from a sexually oriented offense.”  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 the defendants/respondents into their home.)  The court may issue custody or support orders as part of a CPO – ONLY those portions of a CPO terminate upon the Juvenile or Domestic Relations court issuing subsequent custody or support order.  (Thus, the remainder of the orders in the CPO remain in effect.)  If the victim or child is subject of a visitation order, the court may require a public children services agency to supervise visitation for up to 9 months.  The defendant/respondent shall, if not indigent, reimburse the children services agency for costs associated with such supervision.

PROCEDURE:  An ex parte hearing (one in which the respondent/defendant receives no prior notice and is not present) must be held the same day as the filing of the petition.  A full hearing must be held within 7 court days of the ex parte hearing if defendant is ordered evicted or the victim is granted sole possession of the residence, otherwise the full hearing must be held within 10 days of the ex parte hearing.  The defendant must have notice of the full hearing and be provided the opportunity to be heard.  The full hearing may be continued (rescheduled) to a “reasonable time” if the defendant is not served, the parties consent, the defendant needs to obtain counsel, or for “other good cause.”  No filing fee may be charged.  Upon the granting of the petition for CPO, the court shall direct that a copy of the CPO be delivered to the defendant on the same day the order is entered.

DURATION:  The CPO lasts up to 5 years from the date of the issuing order.

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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