What Types of Protection Orders can be Issued by Ohio Courts? (Part 5 – Consequences for Violating Protection Orders)

A violation of this statute is a misdemeanor of the first degree (M1), and carries a possible sentence of up to 180 days in jail and a fine of up to $1,000.

However, the potential penalties change if prior convictions of violating a protection order are involved.

  • If the offender has 1 prior conviction of violating a CRPO or JCPO (see Part 7 of this series) , the new offense would constitute a felony of the fifth degree.
  • If the offender has 1 prior conviction of violating a SSOOPO, the new offense would constitute a felony of the fifth degree.
  • If the offender has 2 or more prior convictions of Aggravated Menacing, Menacing by Stalking, Menacing, or Aggravated Menacing AND the prior convictions involved the SAME person subject to the protection order, the new offense would constitute a felony of the fifth degree.
  • If the offender has 1 or more prior convictions of Violating a Protection Order, the new offense would constitute a felony of the fifth degree.

A felony of the fifth degree (F5) carries a possible prison sentence of 6-12 months and a fine of up to $2,500.

If an offender commits a violation of this statute while committing any felony offense, then a violation of this statute is a felony of the third degree (F3).  A felony of the third degree, in this situation, carries a possible prison sentence of 9-36 months and a fine of up to $10,000.

When prior convictions of Violating a Protection Order are involved which elevate the degree of the offense from a M1 to an F5 create further complications for the defendant, as the prior conviction(s) are considered to be elements of the new charge.  The prosecutor is required to prove each and every element of the indicted offense beyond a reasonable doubt.  That means that the prosecutor must present evidence of the prior conviction(s) during his/her case-in-chief, regardless of whether the defendant elects to testify.  This creates a number of concerns, as the judge or jury will hear about the defendant’s prior conviction(s) for Violating a Protection Order before deciding whether or not the defendant violated a protection order in the present case.

Thus, it is extremely important for those whom protection orders are being sought against assert their legal rights and obtain experienced counsel as soon as possible.

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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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