How to Get a Restraining Order in OhioPosted September 21, 2021 by admin
Protection and restraining orders exist to provide a sense of safety and security to individuals in times of distress, such as victims of domestic violence. In order to file a restraining order against someone, however, certain steps must be followed.
The first step to getting a restraining order in Ohio is understanding the different types you can pursue and which one you qualify for. Those types include:
- Domestic Violence Temporary Protection Order (DVTPO) or a Criminal Protection Order (CRPO), which are issued by Municipal (Criminal) court depending on the type of charge and your relationship to the defendant.
- Civil Protection Orders (CPO), which is issued by Civil (Domestic) Court if you are a family or household member of the defendant.
- Civil Stalking or Sexually Orientated Offense Protection Order (SSOOPO), which is issued by Common Pleas Court if you are being stalked.
A civil protection order (CPO) is a common form of restraining order in Ohio. It’s issued by the Domestic Relations Court to protect victims of domestic violence, and the goal is to prevent any further violence. Even if you already have a DVTPO from criminal court, you should still consider getting a CPO, since CPOs last longer than DVTPOs (CPOs can last up to 5 years.)
To get a CPO, file a petition with the Domestic Relations Court or contact your civil harassment attorney, who can help you file the petition. You don’t have to be married or getting a divorce to request this type of restraining order in the state of Ohio.
It’s important to note that a judge reserves the right to issue a CPO on an emergency basis if a victim is considered to be in immediate danger. This order is designed to limit the actions of the aggressor through:
- A change of residence
- Spousal support
- Temporary change of custody
- And more
Another type of restraining order — a Criminal Protection Order (CRPO) is slightly different. In order to get a CRPO, the court must have a serious reason to give you one. That means a criminal charge must have been filed against the defendant. Examples of criminal charges include (but are not limited to):
- Aggravated assault
- Aggravated menacing
- Aggravated trespass
- Criminal damaging/endangering
- Criminal mischief
- Endangering children
- Felonious assault
- Menacing by stalking
Next, the crime must be specified by statue (ORC 2919.26/2903.213).
If you are the victim of the crime and your relationship complies with the law, you can fill out a form provided by the clerk of the court to officially file a motion for a protection order. If you’re unsure where to go or how to get the form, talk to your civil harassment attorney, who can help you navigate Ohio laws surrounding this type of protection order.
Regardless of the type, a restraining order is a serious matter. In a domestic violence or dating violence situation, a protection order means the defendant has to:
- Refrain from abusing, harassing, and annoying you
- Have no contact with you or your children
- Refrain from entering your home, school, business or place of employment (or those of your children)
- Leave your residence
- Give child custody to you
- Pay monthly support
- Pay rent, mortgage, and/or utility payments
- See a counselor
- And more
If you’re getting a restraining order against someone, you’re probably dealing with a challenging, emotional situation. At the Law Offices of Kenneth R. Kline, we are sensitive to the emotional toll restraining orders have on everyone involved and will do our best to be a mentor through every step of the legal process. We work alongside you to find a positive resolution that keeps you safe and provides you with peace of mind.
Columbus Ohio Divorce Lawyer
The Law Offices of Kenneth R. Kline LLC is honored to work with both traditional and non-traditional families to assist them through extraordinarily difficult times. Please contact us with any questions.