Protection Orders In Ohio

You can reach us at (Ravenna) 330-296-8000 and (Stow) 330-686-2890

How Can I File A Protection Order?

If you are the victim of the crimes listed below or a family or household member of the victim, then you can file for a temporary protection order (TPO) or restraining order with the clerk of the court that has jurisdiction over the case anytime after the case has been filed.

Temporary Protection Order Crimes
Any offense of violence
Any sexually oriented offense
Criminal damaging or endangering
Aggravated trespass
Criminal mischief
Burglary

Hearing On Temporary Protection Orders

The court will schedule a hearing within 24 hours after a person has filed a motion for a TPO to determine whether to issue the TPO. The person requesting the TPO must appear (unless they cannot do so due to hospitalization) to provide the court with information to support the issuance of a TPO. The victim may be accompanied by a victim advocate, their attorney, or any other person to provide him/her support during any of the court hearings.

If the court finds that the safety and protection of that person are impaired by the continued presence of the alleged offender, the court may issue a TPO. If the court issues a TPO ex-parte (without the alleged offender present), then the court must hold a hearing in the presence of the alleged offender as soon as possible.

Copies of the TPO will be sent to the following persons:

Victim
Alleged offender
All law enforcement agencies that have jurisdiction to enforce the order Defending Against a Protection Order

If you are facing a potential protection order, it is important to know your rights. Remember that anything you say during a TPO hearing could be used against you in your pending criminal case. If you have a protection order issued against you, you must follow the terms of the protection order. Some protection orders may last up to 5 years.tpo

Terms Of A Protection Order

The following terms may be included in your protection order:

Refrain from abusing or from committing sexually oriented offenses against a family or household member.
If you live with the person protected by the order, you may be forced to leave your residence even if you are the only person that owns or leases the property.
Provide support for persons you normally provide support, even if that is the person protected in the order.
Permit the protected person to use your motor vehicle.
Lose or have limited parenting time with your minor children.
Go to counseling.
You may not possess or purchase a firearm, including a rifle, pistol, or revolver or ammunition.
Refrain from entering the residence, school, business, or place of employment of the person protected by the order.

These provisions cannot be waived by the person protected by the order, meaning that you cannot enter these places even by invitation of the protected person.

Violation Of Protection Order

Law enforcement officers have the authority to arrest and detain someone alleged to have violated their protection order without an arrest warrant. Violation of any of the terms of a protection order will result in the alleged offender being found guilty of the crime of violating a TPO.

Upon violation of the protection order, the court may issue another temporary protection order.

Penalties For Violating A Protection Order

The first time that the protection order is violated, the alleged offender will be found guilty of a first degree misdemeanor, which could carry with it a maximum penalty of 6 months in jail and up to a $1,000 fine.

If the alleged offender has been previously convicted of violating a TPO with the same protected person, then the subsequent offenses will be felonies in the fifth degree. A fifth-degree felony carries with it a maximum penalty of 1 year in prison and up to a $2,500 fine.

If the alleged offender commits a felony while violating the protection order, they will be found guilty of a third-degree felony, which carries a maximum penalty of 3 years in prison and up to a $10,000 fine.

Upon violation of the protection order, the court may issue another temporary protection order.

You Need The Best Family Law Attorney In Portage County

Whether you are a victim, family member, or household member of the victim, or someone has or wants a protection order against you, it is important to retain a lawyer for best results. We can assist you in this matter. We handle all issues relating to Protection Orders in Portage County and Summit Counties.

Disclaimer

The ohiocrimelawyer.com website is designed for general information only. Any information on this site is not to be construed as formal legal advice from a criminal defense lawyer, a DUI lawyer, a family law lawyer, or estate planning, wills, trusts, and probate lawyer, nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek personal advice regarding their individual legal issues.

The attorneys in our law firm primarily service Portage County courts (Ravenna and Kent) from our office in Ravenna and Summit County courts (Akron, Stow, Barberton) from our office in Stow. Cases in all other courts in North East Ohio, such as Cuyahoga County courts, are handled under specific terms and conditions.