What Types of Protection Orders can be Issued by Ohio Courts? (Part 7 – The Juvenile Criminal Protection Order (JCRPO))

Juvenile Criminal Protection Order (JCRPO) (R.C. 2151.34)

WHEN AVAILABLE:  The JCRPO may be issued pursuant to 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.)

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. Jon Horwitz's Google+ Profile

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