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 with the clerk of court that has jurisdiction over the case anytime after the case has been filed.
The court will schedule a hearing within 24 hours after a person has filed a motion for a temporary protection order to determine whether to issue the TPO. The person requesting the TPO must appear (unless they cannot 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 support to the victim during any of the hearings in court.
If the court finds that the safety and protection of that person is 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:
If you are facing a potential protection order, it is important to know your rights. Remember that anything you say during a protection order 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.
The following terms may be included in your protection 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.
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 protection order.
Upon violation of the protection order, the court may issue another temporary 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 protection order 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, then they will be found guilty of a third degree felony which carries with it a maximum penalty of 3 years in prison and up to a $10,000 fine.
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. Attorneys Heather R. Dyer can assist you in this matter. She handles all issues relating to Protection Orders in Portage County and Summit County.
You can contact Attorney R. Dyer at 330-296-8000 (Ravenna Office) and 330-686-2890 (Stow Office) for your phone or in-person case review.
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