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Resources

It is the desire of ARCS to provide resources that help inform and educate members of our community in crisis intervention response; as well as, in the prevention of violence and unhealthy behaviors. We hope the current information is helpful to you. Please check back periodically for updates.

Protective Orders

There are several kinds of Protection Orders. The most frequently requested are: Civil Protection Orders, Temporary Protection Orders, Criminal or Civil Stalking Protection Orders.

What is a Temporary Protection Order (TPO)?

Ohio Law permits the filing of a motion for a criminal Temporary Protection Order by the alleged victim, by the arresting officer, or by the court. This order is designed to insure the safety and protection of the alleged victim or the family including a requirement that the alleged offender refrain from entering the residence, school, business, or place of employment. A TPO can be issued whenever a complaint for domestic violence, felonious assault, aggravated assault, menacing by stalking, or aggravated trespass involving a family or household member has been filed.

What is a Civil Protective Order (CPO)?

If you are a victim of domestic violence, you can petition for protection for you and/or your household or family members. When petitioning for a Civil Protection Order (CPO), the petitioner, the person filing the petition, must allege that the respondent, the abusive person, committed physical violence or threatened physical violence against a family or household member. A CPO is intended to prevent further domestic violence. It orders someone who has been abusive to do or not to do certain things in the future.

Violating a CPO is a crime. If the respondent violates the CPO, he or she may be arrested, jailed, and fined for not obeying the CPO. A final CPO can remain in effect from six months to five years.

Why should I get a CPO?

Statistics show that once domestic violence starts, the violence happens more often and gets increasingly severe. A CPO may stop this cycle of violence because the court orders the abusive person to stop hurting or threatening you and/or your family or household members. This tells the respondent that you and the court are serious about stopping the abusive behavior.

Who can get a CPO?

You can petition for a CPO if you are related to the abuser by blood or marriage AND have lived with the abuser at any time, you are living with or have lived with the abuser as a spouse during the past five years, you used to be married to the abuser, or you have a child with the abuser. You can also petition for a CPO for any member of your household if the abuser’s violent acts have been directed toward them as well. You may file a petition for a CPO in the county you live in or the county where the abusive incident occurred.

How do I get a CPO?

Petitions for a CPO can be obtained through the Warren County Domestic Relations Court located at 500 Justice Drive, Lebanon, OH 45036. Upon filing a CPO petition, an Ex Parte hearing will be held. At this hearing, an Ex Parte CPO, or Emergency CPO, may be issued if the judge or magistrate finds that there has been an act or threat of Domestic Violence as defined in Ohio’s Statute. If an Ex Parte CPO is issued, a response hearing for the CPO will be held within 7-10 court days. After the response hearing, the magistrate or judge will determine whether or not a final CPO should be issued and if so, how long it should last. The Ex Parte CPO is fully enforceable until a final CPO is issued.

Does it cost anything to get a CPO?

No. Under Federal and State law, you cannot be charged any costs or fees for obtaining a CPO.

Do I need an attorney to get a CPO?

No, but you are often better off having legal representation at your CPO proceedings. If you cannot afford an attorney, contact the Legal Aid Society at (513) 241-9400 or 1-800-582-2682.

What is a Restraining Order (RO)?

A Restraining Order (RO) is granted through a divorce case. It is issued by a Domestic Relations Court in order to restrain one party from selling or damaging household goods, withdrawing all the money from the bank accounts, running up debts, and from abusing or harassing each other. A RO is in effect until the divorce is final. Violation of an RO is not a criminal offense, and the police are not required to enforce it. However, the victim’s attorney could file a Contempt of Court Motion if the order is violated.

Differences between Temporary Protection Order and Civil Protection Order

Criminal Charges and Temporary Protection Orders

Civil Protection Order (Domestic Relations Court)

How to Start Legal Action

*Call 911 to report violence to the police.

*Police may make an arrest or give the victim a referral.

*If the victim cannot call police, she/he may still file charges at the local police station.

*Prosecutor represents the victim’s case.

*File a petition with Domestic Relations Court.

*Your attorney may represent you, but no attorney is required.

Arrest

*If probable cause (proof of abuse), an arrest is made.

*No arrest necessary to file for a Civil Protection Order.

Possible Relief

*Temporary Protection Order (TPO) orders:

*Abuser to stay away from the victim and their home

*Jail sentence and/or fine

*Court-ordered counseling

*Probation

Civil Protection Order (CPO) orders:

*Abuser to vacate home

*Abuser to stay away from victim

*Temporary custody of children, and may also establish temporary parent time unless already ordered through another court

Length of Order

*Lasts until the case is over.

*May last up to 5 years and is renewable if needed.

Violation Of Protection Order

*A crime punishable by jail, fine and/or probation; violator can be arrested and charged.

*Bond can be revoked

*A crime punishable by jail and fine

*Domestic Relations Court can hold the violator in contempt

Time Frame

*First court appearance is the next court day following the arrest.

*There will be one or more court appearances over the next several months.

*Ex-parte hearing is the same day as filing.

*Full hearing is seven-ten court days after filing (if the abuser is served.)

Upon request, ARCS Legal Advocates will accompany victims of Domestic Violence, Sexual Assault, and Stalking to any criminal proceedings to provide emotional support. A Victim/Witness Advocate from the Warren County Prosecutor’s Office will assist you through the criminal legal process.

CONTACT INFORMATION:

Contact Legal Advocates for assistance with Protection Orders and court accompaniment.

All Services are free and confidential

Legal Advocacy: 513-695-1886 or Email us.