Civil Protection Orders and Civil Stalking or Sexually Oriented Offense Protection Orders

Civil Protection Orders and Civil Stalking or Sexually Oriented Offense Protection Orders

There are two types of protection orders in Ohio. One is a Civil Protection Order.
The other is a Civil Stalking or Sexually Orientated Offense Protection Order.
Either can order an individual to stay away from and not contact you. A protection
order can last for up to five years. A violation of either order is a criminal offense.

Civil Protection Order (CPO)

A CPO can include orders for children. The court can award temporary child
custody, visitation and support. These orders only last as long as the CPO is in
effect. The court can also award the use of a joint residence, personal property, or
a vehicle.
A person applying for a CPO must have one of these relationships with the abuser:
 You lived with the abuser and are or were married to the abuser; or
 In the last five years, you lived with the abuser in a relationship that
resembles marriage; or
 You lived with the abuser and the abuser is or was related to you through
blood, marriage, or a relationship resembling marriage; or
 You have a child with the abuser.
To obtain a CPO, you must show that the abuser harmed you. You must prove that
your abuser harmed you or a family or household member by:
o attempting to cause serious bodily injury; or
o recklessly causing bodily injury; or
o child endangerment or child abuse; or
o rape, gross sexual imposition, or other sexually orientated offense; or
o harassing two or more times in a way that made you fearful of harm.
These acts must happen close in time.

GET LEGAL HELP with a protection order, divorce, child support, credit or
debt, public benefit or housing problem. Call Community Legal Aid Services
at 1-800-998-9454 or apply 24/7 online at www.communitylegalservices.org

 

STALKING CIVIL PROTECTION ORDER OR SEXUALLY ORIENTATED OFFENSE PROTECTION ORDER

This order helps protect victims of sexual assault or stalking. A
Common Pleas Court issues this order. If the offender is a minor,
Juvenile Court hears the case.
This order does not require any type of family relationship.
You must show that your abuser harmed you by:
 harassing you two or more times in a way that made you fear harm. These
acts must happen close in time; or
 rape, gross sexual imposition or other violent acts that have a sexual
motivation.

 

OBTAINING A PROTECTION ORDER

It is best to have a lawyer or legal advocate help you. Contact your local
domestic violence shelter for help. Ask for an interpreter, if you need
help communicating.
The first step is to file a petition with a court. Clerks of court have blank petitions.
There is no cost to file a petition for a protection order.
You can ask for immediate protection. The court can grant an order the same day
you request it. You must show there is an immediate danger.
Then, the court will set a full hearing date and time. The full hearing will be in the
next 7 to 10 days. At the full hearing, the abuser will have a chance to contest your
version of events.
At the hearing, you will need to prove what you said in the petition. You do this by
presenting evidence. Your testimony is evidence. So is the testimony of other
witnesses. Your witnesses must have direct knowledge. They must have seen the
abuse or threat or the result of the abuse, such as bruises.
A full hearing protection order lasts for a specific time, up to 5 years. It can be
extended before it expires. The protection order can prohibit contact, threats, and
stalking. It can include other protections. A CPO can include temporary orders for
child custody and support and possession of property and a vehicle.
IF YOU NEED SHELTER due to domestic violence, call ODVN 800-934-9840 or
log on to http://www.odvn.org/survivor/shelter.html to find help and the shelter
nearest you.

 

This article is meant to give you general information and not to give you specific legal advice.
Prepared by Community Legal Aid Services, Inc. Updated April 2016 CE-37-F569-CLAS