The short answer is, yes. In Ohio, an Ex Parte protection order has the same effect as a full civil protection order. In the context of a domestic violence protection order, if a petitioner files a petition for a protection order, they may request an Ex Parte order from the court. The court will hold an Ex Parte hearing on the same day that the petition is filed. A trusted criminal defense firm will be able to help you get this protection order in effect.
In order to grant the petitioner’s request for a protection order, also commonly referred to as a restraining order, the court must find that there is an immediate and present danger of domestic violence. Ohio Revised Code Section 3113.31 defines immediate and present danger as “situations in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with bodily harm, in which the respondent has threatened the family or household member or person with whom the respondent is or was in a dating relationship with a sexually oriented offense, or in which the respondent previously has been convicted of, pleaded guilty to, or been adjudicated a delinquent child for an offense that constitutes domestic violence against the family or household member or person with whom the respondent is or was in a dating relationship.”
Consequences for Violating an Ex Parte Protection Order
An Ex Parte Order has the same implications as a full protection order. You can be ordered to surrender any firearms in your possession and surrender your concealed carry permit. A court can also order that you vacate a residence and grant the petitioner exclusive possession. Just like a full civil protection order, if you violate the terms of the Ex Parte order, you can be charged criminally. For a first offense, violating a protection order is a misdemeanor of the first degree and is publishable by a fine of up to $1,000, a jail sanction of up to one hundred and eighty days, and five (5) years of community control. Fighting these charges will always require the support of a criminal defense firm.
How Long does an Ex Parte Order Remain in Effect?
An Ex Parte order does not last forever. Ex Parte orders are temporary in nature. If an Ex Parte order is granted by a court, a full hearing on the merits of the petition within seven (7) to ten (10) days. However, that does not mean that immediately following the full hearing, the Ex Parte order is dissolved or vacated. In most courts in northeast Ohio, a written decision is filed by the Magistrate who hears the evidence in the case. As the parties are waiting for the court issue a decision, the Ex Parte order remains in effect. During that time, the respondent must abide by the terms of the Ex Parte order. If a full protection order is granted, the Ex Parte order is replaced with a full civil protection order. If the full protection order is denied, the Ex Parte order is vacated and removed from the respondent’s record. In sum, respondents should take Ex Parte orders seriously. Protection orders, including Ex Parte orders, can have a lasting impact on firearm rights, security clearances, and in some situations a respondent’s employment status. Our attorneys at AJLJ criminal defense firm are here to talk you through your options and are always ready to litigate these issues in courts throughout northeast Ohio.
