Menacing by Stalking Civil Protection Order

What is a Menacing by Stalking Protection Civil Order in Ohio?

A Menacing by Stalking Civil Protection Order is a court order requested by a person who claims to be the victim of menacing by stalking. A Menacing by Stalking Civil Protection Order is issued by a court in the county in which the request is made.

How Do I Obtain a Menacing by Stalking Civil Protection Order?

In order to obtain a Menacing by Stalking Civil Protection Order in Ohio, a Petition for Menacing by Stalking Civil Protection Order must be filed. This filing may include a request for an “ex parte” civil protection order. An “ex parte” order is an emergency order issued by the court after hearing only one side of the case.

The court, for good cause, may issue an ex parte civil protection order if the court finds it necessary for the safety and protection of the person to be protected by the order. Unlike a Domestic Violence Civil Protection Order, “immediate and present danger” need not be shown. However, if immediate and present danger is demonstrated, this will constitute good cause for the issuance of an ex parte order. Examples where there is an immediate and present danger include circumstances where:

  • The respondent has threatened the person to be protected by the order with bodily harm;
  • The respondent has been convicted of or pleaded guilty to menacing by stalking pursuant to R.C. 2903.211; or
  • The respondent has been convicted of a sexually oriented offense against the person to be protected by the order.

If the court issues an ex parte menacing by stalking civil protection order, the court must schedule a “full hearing” within ten (10) 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 menacing by stalking 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 menacing by stalking civil protection order or attempting to have such an order dismissed.

What Does a Menacing by Stalking Civil Protection Order Do in Ohio?

After a full hearing on a menacing by stalking civil protection order, the court may grant the protection order, dismiss the petitioner for the protection order, or approve of a consent agreement to bring a cessation of any menacing by stalking behavior. The order or agreement may:

  • Order a person to refrain from abusing or stalking 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 Menacing by Stalking Civil Protection Order?

If you are the victim of menacing by stalking, or if a Petition for a Menacing by Stalking 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 menacing by stalking 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 be inappropriately to benefit one party or another during divorce or child custody proceedings.

Columbus and Delaware, Ohio Menacing by Stalking Civil Protection Order Attorney

If you are filing for or defending against a menacing by stalking 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 menacing by stalking civil protection order. Call Johnson Legal, LLC at (614) 987-0192 or send an email to schedule a consultation regarding your civil protection order.