Finding out that you’re the subject of a protection order sought by (or otherwise on behalf of) a current or former romantic partner amid allegations or charges of domestic violence can be unnerving and frightening. It can understandably make you angry, especially if it prevents you from seeing your children or entering your own home.
No matter how you feel about the order and the allegations behind it, it’s crucial to carefully read it, understand it and abide by the conditions detailed within it. Violating any kind of court order can result in serious legal consequences, in addition to those you may already be facing.
Who can seek a protection order?
In Ohio, judges can issue civil and criminal protection orders. These are often both commonly referred to as “restraining orders.” Further, they’re both used when the relationship between the parties is:
- Current or former spouses
- Current or former dating relationship
- People who have a child together
- Current or former members of the same household
There are key differences between the two types of orders.
Civil protection orders
To get a CPO, someone needs to show by a “preponderance of the evidence” that they’ve been the victim of domestic violence. If a judge determines that the person seeking the order is in “present and immediate danger, they can issue the order on the spot.
A CPO can include stipulations like requiring the subject (respondent) to leave the home, not be allowed to see their children, pay temporary support and/or seek counseling. A CPO can remain in place for up to five years.
Temporary protection orders
A TPO is a domestic violence criminal protection order. It accompanies a criminal domestic violence-related charge and requires proof beyond a reasonable doubt that the alleged victim is in danger. These can be sought by alleged victims as well as prosecutors and law enforcement officers. Typically, they require the subject to stay away from the alleged victim and their home, place of employment, school or within a certain distance of them.
Generally, TPOs last for the duration of a criminal case. Violating a TPO can result in especially serious consequences (including felony charges), which increase with each successive violation.
If you’re served with a protection order, don’t contact the alleged victim or violate the order in any way. Get experienced legal guidance right away to protect your rights and help you present your case.