By FindLaw Staff | Legally reviewed by Nicole Prebeck, Esq. | Last reviewed January 16, 2023
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A protective order, also referred to as a "restraining order," is a court order requiring a named individual to stay a specified amount of distance away from the person seeking the order. Typically, they are used to protect victims of domestic violence from their attackers. Under Ohio protective order laws, orders may last for up to five years but may be extended by the court.
This article provides a brief overview of protective orders laws in Ohio.
The Ohio Supreme Court's Domestic Violence Program, which works with local courts to provide support services for victims, provides downloads to help you file a protective order. Learn more about Ohio protective order laws in the following table. See Domestic Violence: Order of Protection and Restraining Orders for more information.
Code Section |
§ 3113.31 et seq. of the Ohio Revised Code |
|---|---|
Activity Addressed by Order |
Enjoin contact; exclude from dwelling, school, employment; regarding minors: temporarily allocate parental rights, visitations, support, counseling; award possession of a pet; require a wireless service transfer |
Duration of Order |
Maximum 5 years, may be renewed; or upon court action for divorce |
Penalty for a Violation of Order |
1st-degree misdemeanor |
Who May Apply for Order |
Any of the following who is residing with or has resided with the respondent: a spouse, a person living as a spouse, or a former spouse of the respondent; a parent, a foster parent, or a child of the respondent, or another person related by consanguinity or affinity to the respondent; a parent or a child of a spouse, a person living as a spouse, or former spouse of the respondent, or another person related by consanguinity or affinity to a spouse, a person living as a spouse, or former spouse of the respondent; the natural parent of any child of whom the respondent is the other natural parent or is the putative other natural parent; “person living as a spouse" means a person who is living or has lived with the respondent in a common law marital relationship, who otherwise is cohabiting with the respondent, or who otherwise has cohabited with the respondent within five years prior to the date of the alleged occurrence of the act in question; also includes a person in a dating relationship with the respondent |
Can Fees Be Waived? |
Yes |
Order Transmission to Law Enforcement |
Copy to all law enforcement agencies with jurisdiction |
Civil Liability for Violation of Order |
Yes, contempt of court |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
If someone is hurting you or threatening to hurt you, there are resources available for you when you're ready. Contact the National Domestic Violence Hotline for 24/7/365 support at 800-799-7233. If you've been abused or fear someone may abuse you in the near future, you may want to get a protective order.
Please contact an Ohio domestic violence attorney for help.
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