When people talk about a "restraining order," they are often thinking of what is legally known as a Civil Protection Order (CPO) in Ohio. While the terms are sometimes used interchangeably, it’s important to understand that a CPO is a specific legal tool designed to protect individuals from abuse, harassment, or threats. This blog post will explain what a CPO is, who can seek one, and the various legal steps involved in the CPO process.
What Is a Civil Protection Order?
A CPO is a court order that provides protection to individuals who have been subjected to domestic violence, stalking, or sexual assault. This order can compel the abuser to stay away from the victim, leave a shared residence, surrender firearms, and adhere to other conditions designed to ensure the victim’s safety. A CPO is a tool that can provide protection without the need to rely on law enforcement involvement, as a CPO can be initiated even if the abuser has not been criminally charged.
Types of Civil Protection Orders in Ohio
In Ohio, there are different types of protection orders, each tailored to specific situations:
- Domestic Violence Civil Protection Order (DVCPO):
This order is available to individuals who are victims of domestic violence or who fear imminent harm from a family or household member. The DVCPO can be in effect for up to five years.
- Stalking or Sexually Oriented Offense Protection Order (SSOOPO):
This order is available to any victim of stalking or sexually oriented offenses, regardless of the victim’s relationship with the abuser. Like the DVCPO, the SSOOPO can be in effect for up to five years.
- Juvenile Protection Order:
This order can be requested if the person against whom relief is sought is a juvenile. This order is in effect for a specified time not to exceed the respondent’s 19th birthday.
How to Obtain a Civil Protection Order
Obtaining a CPO involves several steps and once it is issued, it must be obeyed. Violation of a CPO is a criminal offense in Ohio, and violators can face arrest, fines, and jail time.
Such steps include:
- Filing the Petition:
The person seeking the protection order must first file a petition with the Domestic Relations Court or the Court of Common Pleas in the county where they reside. The forms are available at the court, or can be downloaded online. The person seeking the order is referred to as the petitioner, and the person the order is being sought against is the respondent.
The petition must include details about the respondent, why the petitioner is seeking protection, and who all the petitioner is seeking protection for. The petition must also specify the relief sought, such as no-contact provisions or eviction from a shared home.
- Ex Parte Hearing:
After filing the petition, the court will hold an ex parte hearing, usually on the same day. The hearing is held without the respondent. During the hearing, the petitioner testifies under oath, and tells a judge or magistrate the details of why the petitioner is seeking a CPO. If the judge or magistrate finds that immediate protection is necessary, they may issue an ex parte CPO. The ex parte CPO is then served upon the Respondent.
- Full Hearing:
Then, a full evidentiary hearing is scheduled within 7-10 days. This hearing involves the petitioner and respondent, and the parties’ attorneys, should they choose to be represented. (An attorney is not required for the filing of a CPO or during any CPO hearing, but we will explain why we strongly recommend hiring one). During this full hearing, both sides are permitted to introduce evidence to the court. This can take place in the form of witness testimony, photos and videos, text messages, and more. If the judge or magistrate finds sufficient evidence of harm and that a CPO is necessary to protect the petitioner, they will issue a final CPO.
What Can a Civil Protection Order Do?
A CPO can include various provisions tailored to the petitioner’s needs, including:
- Stay Away: A CPO can require the respondent to stay a specified distance away from the petitioner at all times.
- No Contact: A CPO can prohibit the respondent from contacting the petitioner, including in person, by phone, or through third parties.
- Residence: A CPO can require that the respondent leave a shared home, regardless of ownership, and surrender their keys to said residence.
- Custody: If the petitioner and respondent share children, a CPO can temporarily determine custody and visitation.
- Firearms: Respondents can be required to surrender firearms or other weapons in their possession.
- Pets: A CPO can prohibit the respondent from harming the petitioner’s pets.
Why Legal Representation is Important
Navigating the legal process to obtain or defend a CPO can be overwhelming. An experienced attorney for domestic relations can provide crucial support by guiding you through the court procedures, ensuring that all paperwork is completed correctly and deadlines are met. During the full hearing, your attorney can provide a full and effective picture to the court through direct and cross examinations, and the introduction of documentary evidence. A CPO is a serious matter - whether you are the victim of domestic violence, or a CPO has been filed against you without merit, is critical to have an attorney who will protect your rights during the CPO process.
CPOs & High Conflict Divorce Actions
We often see CPOs come into play in situations where a high-conflict divorce is imminent. Tensions can escalate quickly, leading to situations where one party feels threatened or unsafe. In such cases, obtaining a CPO can be a necessary step to ensure protection during the divorce process. It is important to understand how a CPO will affect a divorce action. Our experienced domestic relations attorneys are well-versed in handling these complex situations and can provide the guidance and representation you need to navigate both the CPO process and the challenges of a high-conflict divorce.
Finding a Family Law Attorney Near Canton & Akron, Ohio
A Civil Protection Order can be a powerful tool to safeguard your well-being and that of your loved ones. Consulting with an experienced attorney like those at Plakas Mannos can help you navigate this process effectively and ensure that your rights are protected. Our attorneys have effectively obtained and defended CPOs for people all over Northeast Ohio. If you need assistance with obtaining a CPO, or believe that a CPO has been filed against you unjustly, contact our office at 330-455-6112 to talk to a domestic relations attorney near Stark and Summit County.
About the Author
Elisabeth Jackson is an associate attorney who works on cases involving family law, personal injury, wrongful death, criminal law, and general litigation.
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