What is a Domestic Violence Civil Protection Order in Ohio?
A domestic violence civil protection order is a court order requested by a person who claims to be the victim of domestic violence. A domestic violence civil protection order is issued by the common pleas court, domestic relations or general division, for the county in which the request is made.
How Do I Obtain a Domestic Violence Civil Protection Order?
In order to obtain a domestic violence civil protection order in Ohio, a Petition for Civil Protection Order must be filed. This filing may include a request for an “ex parte” civil protection order if there is an “immediate and present danger.”
An “ex parte” order is an emergency order issued by the court after hearing only one side of the case. Examples where there is an “immediate and present danger” include circumstances where:
- The abuser has recently threatened or physically abused a family or household member;
- The abuser has been previously convicted of, or pled guilty to, domestic violence; and/or
- The abuser has engaged in repeated acts of domestic violence against a family or household member.
In addition to the above circumstances, courts will also consider the following factors when determining whether to grant an ex parte civil protection order:
- The abuser’s alleged use of drugs and/or alcohol;
- The abuser’s mental health;
- The abuser has threatened suicide;
- Specific past acts of physical abuse;
- The abuser criminal history;
- Whether the violence appears to be escalating;
- The frequency and severity of the violence;
- The degree of injury to the victim in the past as well as in the present; and/or
- Any threats of retaliation made by the abuser to the victim or other family or household member
If the court issues an ex parte Domestic Violence Civil Protection Order, the court must schedule a “full hearing” within seven (7) days. This hearing will be a trial in which the court will hear from both sides and will consider the testimony of the parties, any witnesses, and evidence that is presented. After the trial, the court will determine whether the ex parte Domestic Violence Civil Protection Order should be made into a more permanent order of the court or should be dismissed.
The Ohio Rules of Evidence apply during these proceedings. It is important that you are fully prepared and properly present your evidence to the court. Certain pieces of evidence or witness testimony may not be admissible under the rules of evidence. This is where an experienced and knowledgeable Ohio civil protection order attorney can greatly assist you in either securing a domestic violence civil protection order or attempting to have such an order dismissed.
What Does a Domestic Violence Civil Protection Order Do in Ohio?
After a full hearing on a Domestic Violence Civil Protection Order in Ohio, the court can grant the protection order, dismiss the petitioner for civil protection order, or approve of a consent agreement to bring a cessation of any domestic violence. The order or agreement may:
- Order a person to refrain from abusing the family or household member;
- Grant possession of the residence to the petitioner (plaintiff) and evict the respondent (defendant);
- Temporarily allocate parental rights and responsibilities, including establishing temporary parenting time, for the minor children of the parties;
- Require the respondent to maintain support for family or household members;
- Require the respondent to seek counseling;
- Prevent the respondent from entering the residence, school, or place of employment of the petitioner or family or household member;
- Require the respondent to not remove, damage, or dispose of any companion animal owned or possessed by the petitioner; and/or
- Grant other relief that the court deems equitable and fair.
Do I Need an Attorney for a Domestic Violence Civil Protection Order?
If you are the victim of domestic violence, or if a Petition for a Domestic Violence Civil Protection Order has been filed against you, having an experienced and knowledgeable attorney representing you can be the difference between a protection order being issued or dismissed. Accusations of domestic violence are taken very seriously by courts in Ohio, and a protection order is designed to protect people from further abuse. However, this process can used inappropriately to benefit one party or another during divorce or child custody proceedings.
Columbus and Delaware, Ohio Domestic Violence Civil Protection Order Attorney
If you are filing for or defending against a domestic violence civil protection order in Columbus or Delaware, Ohio, contact Johnson Legal, LLC and speak with an experienced Columbus and Delaware, Ohio civil protection order attorney. Attorney David Johnson of Johnson Legal, LLC will discuss your case and assist you in preparing for your trial on the domestic violence civil protection order. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your civil protection order.