Unfortunately, there are times when you may need legal protection against someone that you know. To stop violent behavior such as harassment, inappropriate sexual contact, fighting, and verbal abuse, you may need to file a protection order. A civil protection order is also known as a CPO. The process can change based on state, so read on to learn more about civil protection orders in Ohio.
What Is a Civil Protection Order in Ohio?
A civil protection order is another word for a restraining order. It’s referred to as a domestic violence civil protection order to protect yourself from a violent family member or anyone else living in your home. You may file a CPO in Ohio because of domestic violence, stalking, or other menacing behavior that’s making you uncomfortable. If the issue results from stalking, then the order is called a menacing by stalking civil protection order.
Ohio Civil Protection Order Hearing Terminology
There may be some legal terms you’re already familiar with, even if you never had to go to trial. For example, if you’re the person making a complaint, the court system refers to you as the plaintiff. The person who has charges brought against them is defending themselves against such accusations and is referred to as the defendant.
However, when you’re dealing with a civil protection order case, instead of being called a plaintiff, you’re now referred to as a “petitioner”. Someone has the right to defend themselves when brought to court, which is why they’re called a defendant. However, under a CPO, they’re referred to as a “respondent”. So you can think of them as responding to the actions of the petitioner.
Domestic Violence Civil Protection Order in Ohio
Domestic violence is a serious issue that can happen in any household. It doesn’t just happen between couples, it can happen to anyone who lives in your home. Violence can occur between siblings, parents, and children, boyfriends and girlfriends, etc.
When you file a domestic violence CPO or restraining order against someone else, you’re preventing them from contacting you in any shape or form. That person shouldn’t call, text, chat, e-mail, or write letters to you, and they most certainly shouldn’t come by your home. They shouldn’t go by your job or anywhere else where you may be. Therefore, it’s important to understand that if someone files a domestic violence civil protection order against you, you’ll no longer be able to enter your shared property unless the order is removed at a later time.
The first step in filing such a protection order is to file a petition for a civil protection order. If the petitioner is able to show imminent violence or need for protection, an “ex parte” order can be requested and granted. Cases of immediate or imminent danger may include physical abuse and recent threats, repeated acts of domestic violence against anyone in the home, previous convictions of violence, or pleading guilty to it. The court will also take into account if there have been cases of substance abuse by the respondent.
What Must Be Proven for a Civil Protection Order?
The point of a civil protection order is to protect a person or the entire household from cases of domestic violence or menacing behavior. For a civil protection order to go through, you must prove that the respondent has either been physically or verbally abusing you. They may have also been stalking or participating in other menacing behavior. You can also get a civil protection order if you’ve proven that there has been any type of sexual abuse against a minor or adult living in the home.
Civil Protection Order Consequences in Ohio
The consequences of civil protection orders in Ohio can depend on whether it’s a temporary or permanent one and of course how the respondent reacts. It’s a crime to violate any restraining orders, even temporary ones. If you must communicate with the petitioner or other household members for any reason, you should only do so by a third party such as your lawyer. Don’t go to this person’s house, call them, or participate in any other menacing behavior that could be considered a violation of the civil protection order.
When the case receives a full hearing from the judge, it can be a serious matter if the protection order is granted in full. Protection order prevents the lawful possession of a firearm, with limited exceptions. An Order against you is something that appears on your background and can impact your employment, travel out of the country, and even TSA pre-check.
Contact an Experienced Ohio Attorney
Whether you’re a petitioner or respondent, civil protection orders are a serious matter. That’s why it’s essential to always consult with an experienced Ohio attorney who can help you. Remember, if such a case is brought against you in Ohio, it’s effective in all 50 states. An attorney can advise you on your case to see what type of civil protection orders you can file and see if one is unfairly being filed against you. Hiring an attorney can be the first step in protecting you and your family from further harm, as well as protecting your reputation if you’re the victim of a false accusation.
As you can see, there’s a lot to understand when it comes to restraining orders in Ohio. You may have such a case if you or anyone in your home is being physically or verbally threatened. Whether somebody is hitting you or stalking you, you have the right to protect yourself. When you’re on the other end defending yourself from a false accusation, it’s also vital to understand your rights. For civil protection orders in Ohio, contact our team at AJLJ Law today for a consultation.
