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Temporary Protection Order, Civil Protection Order, Civil Stalking P.O., Ex-Parte CPO and Restraining Order

TEMPORARY PROTECTION ORDER

A Temporary Protection Order (TPO) is available only when a criminal complaint, such as a domestic violence, has been filed. A TPO can order the abuser to stay away from the victimís residence, workplace, and school. It can order the abuser to refrain from telephoning, harassing or threatening the victim directly or through another person. It can also include any other terms necessary to ensure the victimís safety.

A TPO is granted by a Municipal Court judge (this may vary in your area) and the victim always needs to attend arraignment to receive this order. This order is only in effect while the case is pending - until dismissal or sentencing. A TPO is enforceable nationwide and a violation is a criminal offense. Sometimes, once the victim has signed the order, the offender will agree to this order and the victim need not testify.

EX-PARTE CIVIL PROTECTION ORDER

The victim can ask the court to grant an Ex-Parte Civil Protection Order, or an emergency order, when a CPO is filed. An Ex-Parte CPO is a protection order needs no direct testimony and the Judge can give this temporary order when the application was filed by the victim. Once the application is reviewed, the Judge can issue this ex-parte which is good until a full hearing has been presented to the Judge with both parties present. A full hearing will be scheduled within 7-10 days after receiving an ex-parte order. At the full hearing, the victim will explain to the Judge why a CPO is necessary to protect her/him  from further harm. (The victim should bring any documentation of abuse to this hearing including witnesses, police reports, hospital/physician reports. etc.

When an ex-parte order is given, the victim has a right to have representation at the full hearing and if an attorney agrees to assist her, she can get this paid through the Ohio Victim of Crimes compensation program. In most instances, to get this paid, there only had to be a police report generated, or at best, the police should have been called and notified of an incident. Also, if the victim has little resources to obtain an attorney, the Legal Aid for the County (if there is one), can also represent her at the full hearing. This agency is called Southeastern Ohio Legal Services. 1-800-686-3670. (Check the Internet or your local phone book for this service in your area.)

If the victim fails to appear at the hearing, the judge will usually try to continue the hearing if there is good cause for not appearing. In some instances, the CPO has been dismissed if the victim did not show up for no reason. The abuser will be given notice of the hearing and will have an opportunity to be heard. If the abuser does not show up in court, there usually will be a continuance granted, especially if the abuser has not been officially served with the order in person. In some cases, the victim has been granted the CPO, not grant a CPO. The abuser will be given notice of the hearing and will have an opportunity to be heard. If the abuser does not show up in court, the victim can still receive a CPO, but usually there will be a continuance of the case to give both sides a chance to appear before the Judge. The Ex-Parte CPO is fully enforceable until a CPO is granted.

CIVIL PROTECTION ORDER (CPO)

A Civil Protection Order (CPO) is issued by the Common Pleas Court. This is the final order after an ex-parte order has been granted and both sides have had a chance to come into court and present their case. The abuser has to pay an attorney to represent him or he can represent himself. The victim usually can obtain a free attorney as described above. No criminal charges need to be filed but the family/household member must feel that her/his life is in danger. A CPO may order the abuser to stay away from the victim's residence, workplace, or school. (It can also order the abuser to leave the house or apartment the victim and abuser live in, even if it is in the abuser's name.) A CPO may order the abuser to refrain from abusing, telephoning, harassing or threatening the victim directly or through another person.

In regards to the child or children, a Judge may grant temporary custody, order child support and establish a visitation schedule. If one of the parties of a CPO files a divorce action against the other party, temporary custody awarded in the CPO may remain in effect until the divorce court issues a custody order.  

In regards to the child or children, a judge may grant temporary custody, order child support and establish a visitation schedule. If one of the parties of a CPO files a divorce action against the other party, temporary custody awarded in the CPO will remain in effect until the divorce court issues a custody order.

CIVIL STALKING PROTECTION ORDER (CSPO)

A Civil Stalking Protection Order is similar to a Civil Protection Order. It can protect victims who are NOT family or household members of the abuser. Documentation of at least two incidents is required. A Criminal Stalking Order is comparable to a TPO when criminal stalking/menacing charges are filed. Usually there is a police report generated when a stalking incident has occurred. Sometimes, if the victim feels just mental anguish or intimidation from someone, this may be enough to get an ex-parte order. As in the other civil protection orders, a court date will be held within 7-10 days and both parties will present their case before a Judge. This is when a full order may be ordered by the Court.

CIVIL SEXUALLY ORIENTED-OFFENSE PROTECTION ORDER (SSOOPO)

The same criteria is needed for this type of order, only there has been suspected sexual abuse of the victim, whether it be a child or an adult. These orders are usually filed when there has been suspected child abuse or sexual abuse of an adult. There usually is an ongoing investigation and this order may insure the safety of the victim and family members while the investigation is pending. This order also will have to be presented to the Judge at a full hearing with both sides presenting evidence, or if the offender agrees to the order, it will become a full order. This is a fairly new protection order and has been used in Carroll County on three to four occasions. Violation of a SSOOPO is a criminal offense, just as it is a criminal offense to violate a Civil Stalking Protection order and a Civil Protection Order.

RESTRAINING  ORDER

A Restraining Order (RO) is granted during a divorce proceeding. It is issued by the Domestic Relations court to restrain one party from selling household goods, withdrawing all the money from the bank accounts, running up debts and from abusing or harassing each other.

It is in effect until the divorce is final and cannot be renewed. Violation of a RO is not a criminal offense and the police are not required to enforce it. However, the victimís attorney could file a contempt of court motion if the order is violated.

NOTE

Only a judge can dissolve the order. If you allow the abuser to violate the order, they can be charged. Civil Protection Orders can be in effect up to five years and after that can be renewed. Criminal Protection Orders are only in effect until a case has been resolved in the criminal court.

On September 24, 2003, the Ohio Supreme Court, in Ohio vs. Lucas, ruled that a victim cannot be charged with a violation for aiding and abetting if the offender is found in her presence.

The way courts handle protection orders may vary from county to county.

Contact your local county Victim Assistance office for more information and questions you may have.

 

 

 

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