CHAPTER 3 Protection Orders in Ohio

CHAPTER 3

Protection

Orders

in Ohio

april 2014

PROTECTION ORDERS OVERVIEW CARD

TYPE OF ORDER

?

DV Civil

Protection Order

(DV CPO)

DV Juvenile Civil

Protection Order

(DV JCPO)

R.C. 3113.31

JURISDICTION,

VENUE & STANDARD OF

PROOF

Domestic violence,

? Common Pleas Court

menacing by stalking,

Juvenile division if

aggravated trespass,

respondent is under 18

child abuse or sexually

years old

oriented offense

? Common Pleas Court

committed by an adult

Domestic Relations

or juvenile who is a

division if respondent is

household member

18 years or older

Criminal charges not

? Ex Parte order may

required

be solely signed by a

Custody and support

magistrate per Civ.R.

issues may be addressed

65.1

Person may seek relief

? Hearing within 7 or 10

on the person¡¯s own

court days if Ex Parte

behalf

order issued, depending

if respondent is ordered

Any parent or adult

to vacate or is evicted

household member may

from residence

seek relief on behalf

of any other family or

? Normal civil action if no

household member

Ex Parte order is issued

or requested

? Venue: Where

petitioner currently or

temporarily resides

? Standard of proof:

Preponderance of the

evidence

Felonious assault,

? Common Pleas Court

aggravated assault,

Juvenile Division if

assault, aggravated

respondent is under 18

menacing, menacing

years old

by stalking, menacing,

? Ex Parte order may

aggravated trespass,

be solely signed by a

and sexually oriented

magistrate per Civ.R.

offense committed by a

65.1

juvenile

? Hearing within 10

Criminal charges not

court days if Ex Parte

required

order issued

Any person on behalf of ? Normal civil action if no

that person

Ex Parte order is issued

Any parent or adult

or requested

family or household

? Venue: Where

member may seek relief

petitioner resides

on behalf of any other

? Standard of proof:

family or household

Preponderance of

member

the evidence; clear

Any person who the

and convincing for

court deems as an

electronic monitoring

appropriate person may

requests

seek relief on behalf of

a child

FOR WHOM?

?

?

?

?

?

Juvenile Civil

Protection Order

(JCPO)

R.C. 2151.34

?

?

?

?

chapter 3: 3

LENGTH

OF ORDER, OBJECTIONS

& VIOLATION

? In effect for a specified

time up to 5 years and

may be renewed

? In effect for a specified

time not to exceed

the respondent¡¯s 19th

birthday, if respondent

was a minor at the time

of issuance

? Objections may be filed

after issuance of final

appealable order per

Civ.R. 65.1

? Criminal violation

under R.C. 2919.27

? Contempt of court

under R.C. 3113.31

? Adjudicated a

delinquent child under

R.C. 2919.27

?

?

?

?

?

In effect for a specified

time not to exceed

the respondent¡¯s 19th

birthday

Objections may be filed

after issuance of final

appealable order per

Civ.R. 65.1

Criminal violation

under R.C. 2919.27

Contempt of court

under R.C. 2151.34

Adjudicated a

delinquent child under

R.C. 2919.27

PROTECTION ORDERS OVERVIEW CARD

TYPE OF ORDER

FOR WHOM?

?

Civil Stalking

Protection Order

or

Civil Sexually Oriented

Offense

Protection Order

(CSPO or CSOOPO)

?

?

?

R.C. 2903.214

Menacing by stalking

or victims of a sexually

oriented offense

Criminal charges not

required

Person may seek relief

on the person¡¯s own

behalf

Any parent or adult

household member may

seek relief on behalf

of any other family or

household member

?

?

?

?

?

?

DV Temporary

Protection Order

(DV TPO)

R.C. 2919.26

?

?

Criminal

Protection Order

(CrPO)

R.C. 2903.213

?

?

Criminal charges of

domestic violence,

stalking, criminal

damaging or

endangering, criminal

mischief, burglary,

aggravated trespass,

sexually oriented

offense or any offense

of violence (R.C.

2901.01) against a

family or household

member

Either misdemeanor or

felony charge

?

?

Criminal charges

?

of felonious assault,

aggravated assault,

assault, aggravated

menacing, menacing

?

by stalking, aggravated

trespass, menacing

or sexually oriented

offense against someone

who is NOT a family or

household member

Excludes DV and

offenses of violence

against family or

household member

Either misdemeanor or

felony charge

JURISDICTION,

VENUE & STANDARD

OF PROOF

Common Pleas Court if

respondent is 18 years

old or older

Ex Parte order may

be solely signed by a

magistrate per Civ.R.

65.1

Hearing within 10

court days if Ex Parte

order is issued; normal

civil action if no Ex Parte

order is issued

Normal civil action if no

Ex Parte order is issued

or requested

Venue: Where

petitioner currently or

temporarily resides

?

?

?

?

Municipal or County

Court (generally) or

Common Pleas Court

General division

Venue: Court that

has jurisdiction over

criminal case

?

Municipal or County

Court (generally) or

Common Pleas Court

General division

Venue: Court that

has jurisdiction over

criminal case

?

?

?

LENGTH

OF ORDER

& VIOLATION

In effect for a specified

time up to 5 years and

may be renewed

Objections may be filed

after issuance of final

appealable order per

Civ.R. 65.1

Criminal violation

under R.C. 2919.27

Contempt of court

under R.C. 2903.214

In effect for the

duration of criminal

case or until a DV CPO

(R.C. 3113.31) is issued

arising out of the same

activities

Criminal violation

under R.C. 2919.27

In effect for the

duration of criminal

case or until CSPO

or CSOOPO (R.C.

2903.214) is issued

arising out of the same

activities

Criminal violation

under R.C. 2919.27

Protection Order Forms: For technical assistance on protection order forms and related matters, contact the Domestic Violence Program at

614.387.9408. Forms may be found at: supremecourt.JCS/domesticViolence/default.asp

chapter 3: 4

DOMESTIC VIOLENCE CIVIL

PROTECTION ORDER

Respondent 18 Years or Older

COURT OF COMMON PLEAS, DOMESTIC RELATIONS DIVISION

ISSUANCE CHECKLIST

Jurisdiction and Venue [R.C. 3113.31(A)(2) and Civ.R. 3(B)]

? Domestic Relations Division when parties are family or household members

? Proper venue lies in counties with connection to the parties or allegation:

?

Where Petitioner resides or temporarily resides

?

Where Respondent resides

?

Where Incident(s) occurred

Who May Seek Relief? [R.C. 3113.31(C)]

? Person may seek relief for the person

? Any parent or adult household member may seek relief on behalf of any other family or

household member

Victim Advocate Participation [R.C. 3113.31(M)]

? Petitioner may be accompanied by a victim advocate

Family or Household Member Relationship [R.C. 3113.31(A)(3)-(4)]

? Establish the ¡°family or household member¡± relationship to provide relief through

Domestic Violence Civil Protection Order (DV CPO)

? A person who is residing or has resided at some point in the past with the Respondent

?

Spouse

?

Former spouse

?

Foster parent

?

Child

?

Another person related by consanguinity or affinity to the Respondent

chapter 3: 5

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