Resource for a Recourse: Online Resource Center for Survivors of Abuse

OHIO : Restraining Order & Order of Protection Information

TYPES OF PROTECTIVE ORDERS
BENEFITS
COSTS
VIOLATIONS

Under Ohio law, if a family or household member hurts you or tries to hurt you (with or without using a weapon) or gives you reason to believe that they are going to hurt you in the near future, that person has committed an act of domestic violence. "Domestic violence" includes:

Physical abuse
Threats that put you in fear of immediate and serious harm (this means you that there was clear and present danger of immediate physical harm).
Any act with respect to a child that would result in that child being abused.

A protection order protects you from abuse from:

a spouse or an ex-spouse
a parent or step-parent
child or step-child
other persons related to you by blood or marriage
anyone who resides in your home or has resided in your home in the last five years (such as a boyfriend or girlfriend)
anyone with whom you have had a child (even if they never lived with you)

Generally the law does not cover people who are not living together or have not lived together, unless the two have a child in common. There have been certain cases where the law was applied to couples that never co-habited. The law may apply to same-sex couples.

Types of protective orders:

Temporary Protection Order

This is usually filed in addition to a criminal petition against your abuser. You may request a temporary order if you need immediate protection from your abuser. You must demonstrate to a judge that there is immediate and present danger that you will be subjected to domestic violence if the temporary order is not granted. A temporary order lasts until the criminal case against your abuser is resolved, if there is such a criminal case in process. If you seek longer-term protection with a civil protection order, the temporary order will last until the hearing for your civil protection order. Your full hearing for a civil protection order should take place within 7 days of filing your petition.

Civil Protection Orders (CPOs)

These offer more lasting and comprehensive protection than temporary orders. You can file for a CPO even if there are no criminal charges against the abuser. A CPO lasts up to a maximum of five years.

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Benefits:

A civil protection order may:

Order abuser to refrain from abusing, harassing, and annoying
Order abuser to have no contact with you or your children
Keep abuser from entering your home, school, business or place of employment, or those of your children
Evict the abuser and award you possession of the residence, even if the residence is owned by the abuser
Award you custody of your child
Require abuser to pay you monthly support
Require abuser to pay rent, mortgage, and/or utility payments
Require abuser to see a counselor
Grant you use of motor vehicle and other possessions
Forbid abuser from owning or buying firearms
Grant any other relief that the court considers equitable and fair

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Costs:

There is no filing fee to get a protection order.

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Violations:

Through the Police or Sheriff (Criminal)

If the defendant violates the CPO, call 911 immediately. In some cases, the defendant can be arrested right away. Tell the officers you have a CPO and the defendant is violating it. If the defendant is arrested, then the District Attorney can prosecute your abuser because it is a crime to violate a CPO. If he or she is found guilty of a violation of a CPO, the defendant can be put in jail and/or fined. Note: It is important that a report is filed so that you have documentation in case you need to go back to court to modify or extend your order.

Through the Civil Court System (Civil)

You may file for civil contempt for a violation of the order. The abuser is in "civil contempt" if he or she does anything that your CPO orders him or her not to do. To file for civil contempt, go to the clerk's office and ask him/her for the paperwork.

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