Ohio Protective Orders Laws

States have enacted a variety of laws to hold violent offenders accountable for their crimes and to end abuse of victims. Many states, including Ohio, have specific crimes related to domestic abuse and stalking. The Buckeye State also provides for court-issued protection orders. These court orders can direct an abuser to stay away from the victim and the victim's home, school, or place of work.

Often referred to as restraining orders, Ohio protection orders can address other issues as well. They can allocate temporary custody of a minor child, assign possession of a shared residence, and more.

Both criminal and civil courts can issue protection orders. Certain orders apply when the petitioner has a domestic or dating relationship with the abuser. In other cases, a victim may qualify for a protection order solely based on the offense at issue. There are four different types of protection orders available in Ohio, which can make it challenging to know which one you require.

This article will explain the protection orders available, show what they can do, and walk you through the application and hearing process created by lawmakers in Columbus.

If you need more general information about domestic violence law in Ohio, visit FindLaw's Ohio Domestic Violence Laws article.

Ohio Protective Order Laws: Types of Orders

Ohio protective orders are split into two kinds of protection: civil case orders and criminal case orders.

Victims can file for civil protection orders whether or not the victim involved the police or the incident led to criminal charges. These orders can stay in effect for years and may contain conditions beyond keeping the abuser away.

In contrast, criminal protection orders last for the duration of a trial and are often obtained through a district attorney or law enforcement. They're intended to keep the accused and the victim separated until the case is adjudicated.

Let's take a look at each group and the common provisions that appear in these orders.

Civil Protection Orders

Victims of domestic violence, stalking, or sexually-oriented offenses can petition the civil court for a civil protection order against their abuser. Although the application process and how the orders function are similar, not everything is the same.

Getting an Ohio domestic violence civil protection order (DVCPO) or dating violence civil protection order (DTCPO) requires proving elements of criminal conduct as well as the domestic or dating relationship of the parties. These orders become appropriate when certain abusive crimes occur between people considered family members, household members, or in a dating relationship.

Some abusive crimes are eligible for a stalking or sexually- oriented offense protection order (SSOCPO). The relationship between the victim and the abuser is immaterial. Victims of any of the following criminal offenses may qualify:

• Menacing by Stalking
• Aggravated Menacing
• Menacing
• Felonious Assault
• Aggravated Assault
• Assault
• Aggravated Trespass
• Sexually-oriented offenses that include:
  • Rape
  • Sexual battery
  • Sexual imposition
  • Gross sexual imposition
  • Voyeurism

Most CPOs contain no-contact orders and stay-away orders. They are crafted to address the specific needs of each case. Depending on which order is issued, other provisions are available. Some common terms include:

• The respondent (abuser) cannot have any contact with the petitioner (victim) or their family
• The respondent cannot do any of the following to the petitioner or their family:
  • Abuse or cause harm
  • Harass
  • Annoy
  • Stalk
  • Follow
  • Attempt to abuse
• The respondent must stay away from the petitioner's residence, place of employment, school, and any other location named by the order
• Awarding possession of a shared residence to the petitioner
• Awarding temporary custody of any minor children
• The respondent cannot take, threaten, or harm any family pets
• The respondent must pay mortgage payments, child support, rent, legal fees, or other expenses
• Recovery of personal property
• The respondent must see a domestic violence counselor or enter a domestic violence treatment program

The provisions of the order must fit the conduct alleged. For example, a civil stalking protection order won't contain a temporary custody ruling. CPOs can contain some, all, or none of the above provisions.

Getting a CPO starts with filing a petition in court. DVCPO petitions begin in the Domestic Relations Division of the Common Pleas Court. If the county has no specific domestic relations court, then the petitioner files in the General Division. Those seeking an SSOPO file in the General Division of the Common Pleas Court. Forms are available at the clerk of court's office and online.

If possible, it's a good idea to get help from a domestic violence advocate or a domestic violence attorney. Minors must have a parent or other family or household member file for them, such as when a minor seeks protection from dating violence under a DTCPO. There are no fees for filing a petition for a CPO.

The clerk takes the petition to a judge. They may have questions for the victim. If the court finds that the petitioner (victim) is in immediate danger of further abuse, it can issue a temporary ex parte protection order. Law enforcement serves the respondent (abuser) with the order. A temporary protection order lasts between 7 to 10 days (10 days for an SSOPO) or until the final court hearing.

The respondent can oppose the order at any full court hearing. Both sides can present evidence, call witnesses, and make their arguments. The burden of proof is by a preponderance of the evidence. If the petitioner convinces the court that the respondent is an ongoing threat, a CPO will be issued. It lasts for up to five years and is renewable.

All protection orders issued in Ohio are enforceable anywhere in the U.S. under federal law. This includes territories and tribal reservations.

Criminal Temporary Protection Orders (TPO)

Criminal temporary protection orders (TPOs) are available when an abuser is facing a trial for domestic violence or stalking/sexual offense charges. Unlike a CPO, a TPO is often obtained through a district attorney or a law enforcement officer familiar with the case. Victims can request a TPO at any point during the legal process, but Arraignment Court is the usual time.

TPOs are of shorter duration and much more limited scope than CPOs. They focus on stay-away and no-contact orders to keep the abuser away from the victim. The court can make them part of the bail conditions. TPOs last until the trial ends or when a CPO from the same incident goes into effect.

Domestic violence victims can get a domestic violence temporary protective order (DVTPO). A criminal protection order (CRPO) is also available for stalking and sexual abuse victims. To get a criminal protection order, the victim should appear in Arraignment Court. The district attorney in charge of the case will say when to appear. In circumstances where the victim cannot appear or the court otherwise finds it appropriate, the court may issue a DVTPO or CRPO on its own motion.

It's possible to negate or change terms in a DVTPO or CRPO by filing for a CPO in civil court. A CPO based on the same parties and facts takes precedence over a criminal protection order. Speak with a victim advocate or a domestic violence attorney first.

Ohio Protection Orders Laws: Violation Penalties

A protection order is most effective when the victim is willing to alert law enforcement to all violations or threats of violation. The fear of punishment can deter the abuser from transgressions. Ohio protective orders contain the possibility of jail time for any violations. Violators face the following:

• First conviction (first-degree misdemeanor): Up to six months in jail and/or a fine of up to $1,000
• Second and subsequent convictions (fifth-degree felony): Up to 12 months in jail and/or a fine of up to $2,500
• Any violation that occurs while committing a felony offense (third-degree felony): Between nine to 36 months in prison and/or a fine of up to $10,000

Contempt of court charges also apply. Any time served for contempt is credited towards other sentences.

Ohio Protective Orders Laws: Reference

As you've seen, there's a lot to know about protection orders in Ohio. For easy reference, the table below offers a recap of important information. Links to protection order codes are included as well.

Note: Ohio state laws can change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. Consult an Ohio domestic violence attorney or conduct your own legal research to verify the status of any Ohio law(s) you are reviewing.

Ohio Protective Orders Laws: Additional Resources

• National Domestic Violence Hotline: 1-800-799-SAFE (7233)
• Ohio Domestic Violence Network (ODVN): 1-800-934-9840
• Domestic Violence FAQ
• Futures Without Violence
• Protective Orders Overview
• Ohio Supreme Court: Protection Order Resource Guide
• Ohio Legal Help: Protection Orders

Issues With Protective Orders in Ohio? Talk to an Attorney

Nobody should spend their life suffering abuse. An Ohio protective order can help. If you feel overwhelmed, reach out to an Ohio domestic violence attorney. They can assist you in your path to a better future.

If you're facing criminal charges for violating a state of Ohio protection order, you're going to need legal advice. An Ohio criminal defense attorney can examine your criminal case, explain your options, and stand with you in criminal court.