Restraining Orders vs. Protective Orders in OhioPosted March 1, 2022 by admin
Protection orders in Ohio are designed to keep you and your loved ones safe if you have experienced any domestic violence, stalking, or sexual violence. By understanding the differences between restraining orders vs. protective orders, you can start taking the next steps to regain control of your safety.
What’s the Difference Between a Restraining Order and Order of Protection?
A protection order is granted by an Ohio judge and orders the abuser to stay away from you, your children or family members or protected persons also impacted by the order. Under the requirements of the protective order, a respondent should not enter your home or approach you in your place of employment or school. If a protection order is violated, a respondent could be arrested, or criminal charges could be filed.
While a protective order does not guarantee your safety, it is designed to stop actions like:
- Physical assault
- Sexual assault
- Making unwanted contact
- Coming to your home or workplace
An Ohio judge can approve a protection order for up to five years.
Restraining Orders vs. Protective Orders
While you might be more familiar with the idea of a restraining order, it’s critical to know that a restraining order is not the same as a protective order in the state of Ohio. Some of the most notable differences include:
- Correlation to other legal cases: A restraining order is only issued in Ohio as part of another legal case. Restraining orders are designed to keep one side from taking action against another side while a court case is in progress. Most often, restraining orders are issued during divorce proceedings when there is a threat of fleeing the state. Protective orders are filed separately from any other ongoing legal case and are a separate case.
- Violations: In Ohio, violating a restraining order is not considered a crime. Violations of restraining orders are enforced by the filing of a contempt action. However, violating the terms of a protective order is a crime and can lead to charges or an arrest.
Types of Protective Orders in Ohio
There are four different types of civil protection orders that are issued in the state of Ohio:
- Domestic Violence Civil Protection Orders
- Dating Violence Civil Protection Orders
- Civil Stalking or Sexually Oriented Offense Protection Orders
- Juvenile Civil Protection Orders
Working with a qualified Ohio lawyer can help you better understand the differences between restraining orders and protective orders. A lawyer can also advocate on your behalf to determine the best course of action and help you understand the unique risks and benefits of filing a protection order in Ohio.
While all civil protection orders are designed to protect you and your family from an abuser, they run certain risks. In some cases, asking for a protection order can worsen the violence you’re experiencing. Domestic violence advocates and lawyers can help you navigate this potentially dangerous situation and help you understand the warning signs that could increase your risk of violence.
The key to making the right decision about your safety is working with a lawyer that has your best interests at heart.
Columbus Ohio Protection Order Lawyer
The Law Offices of Kenneth R. Kline LLC is your trusted advocate through the extraordinarily difficult process of navigating a restraining order or protective order in Ohio. Please contact us with any questions you have or for a risk-free consultation.