There are many different types of protection orders that can be obtained in Ohio. A Domestic Relations Court can issue a Domestic Violence Protection Order (DV CPO) to protect victims of domestic violence in the hopes that the DV CPO will prevent future domestic violence by a particular individual. A Common Pleas Court can issue a Civil Stalking Protection Order (CSPO) or Sexual Oriented Offense Protection Order to prevent incidents of stalking or sexually oriented offenses from occurring in the future.
How Do You Get a Civil Protection Order?
If you’re seeking a Civil Protection Order from a former spouse, you don’t have to wait until your divorce is finalized to ask for a CPO. You can file for a CPO with the Domestic Relations Court, and during this process, having an experienced attorney by your side can make this overwhelming process a little easier. If you’re seeking a Civil Stalking Protection Order, you can file with the Common Pleas Court in the county in which you reside. Having an attorney who can walk you through the process and the enormous amount of paperwork can make the process much less intimidating.
How Do You Defend Against a Civil Protection Order Petition?
If you’ve been served with a Petition for a Civil Protection Order, contact an attorney immediately. Due to the nature of these matters, the full hearing can come up very quickly and you could be left scrambling trying to prepare a defense. Defending against a protection order petition is essentially preparing for a trial. You will want to present evidence to refute the claims contained in the petition. You also have the right to subpoena witnesses and testify at the full hearing. Retaining an attorney to determine who would be the best witnesses and if you should testify is highly recommended.
There are also creative ways to avoid a full hearing. Retaining an attorney who knows the alternatives to protection orders and creative ways to negotiate a dismissal of petitions for protection orders is extremely valuable.
Types of Civil Protection Orders
There are multiple types of protection orders in Ohio, including civil, criminal, and temporary protection orders. Your ability to file a specific order depends on your relationship with the abuser, the type of abuse you’re experiencing, how old the abuser is, and if it involves an ongoing criminal case. These different orders are:
- Domestic Violence Civil Protection Orders: This is put in place to protect the family and household members from abuse. This can include parents, children, spouses, ex-spouses, cohabitants, or foster parents and foster children.
- Dating Violence Civil Protection Orders: Even if you’re living with your partner, but they’re abusing you, you might qualify for a Dating Violence Civil Protection Order. This is reserved only for romantic relationships that have lasted at least a year and does not include friends or coworkers.
- Civil Stalking Protection Orders and Sexually Oriented Offense Protection Orders: A Civil Stalking Protection Order protects stalking victims while Sexually Oriented Offense Protection Orders protect victims of sexually oriented offenses. Unlike a Dating Violence Civil Protection Order, these can involve individuals you do not have any kind of relationship with.
- Juvenile Civil Protection Orders and Domestic Violence Juvenile Civil Protection Orders: These orders protect you against abusers below the age of 18.
Contact an Ohio Civil Protection Lawyer
When it comes to your rights, nothing should be left to chance. If you need a CPO, you should work with an experienced CPO attorney to ensure that the protections you seek are sufficient to safeguard you and your family. If you have been served with a petition for a protection order, it is crucial that you retain an attorney who will protect your rights and defend against the allegations against you in a skillful and thoughtful way. You should not show up for trial without someone who has your back. At Ashley Jones Law, our attorneys have the experience you need. To get started, simply call our office at (216) 736-8551 or use the form on our website to speak with one of our attorneys.