Civil Protection Orders

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.

Temporary Protection Order Crimes

  • Any offense of violence
  • Any sexually oriented offense
  • Criminal damaging or endangering
  • Aggravated trespass
  • Criminal mischief
  • Burglary

Hearing on Protection Order

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:

  • 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 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.

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 family or household members.
  • 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 protection order.

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 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.

Experienced Portage County Family Law Lawyers

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 Kristen Curtis and Christopher Langholz can assist you in this matter. They handle all issues relating to Protection Orders in Portage County and Summit County.

You can contact our attorneys at 330-296-8000 (Ravenna Office) and 330-686-2890 (Stow Office) for a free consultation. No obligation.

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 wills, probate, trusts and estate planning lawyer, nor 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), Summit County courts (Akron, Stow, Barberton), and Cuyahoga County courts (Cleveland, Garfield Heights, Bedford, Parma, Rocky River etc...). Cases in all other courts in NorthEast Ohio are handled under specific terms and conditions.