What Types of Protection Orders can be Issued by Ohio Courts? (Part 6 – The Juvenile Domestic Violence Civil Protection Order (JDVCPO))

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

WHERE FILED:  Juvenile 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.  According to federal law, the defendant cannot possess a weapon.

PROCEDURE:  An ex parte hearing (in which the defendant is not notified and 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 the defendant is ordered evicted or the victim is granted sole possession of the residence; otherwise, the full hearing must be held within 10 court days.  The respondent must have notice of the full hearing and be afforded the opportunity to be heard.  The full hearing may be continued to a “reasonable time” if the defendant is not served, the parties consent, time is needed to obtain counsel, or for “other good cause”.  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.)

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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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