Crime Victim Services (CVS)

Civil Law at a Glance

Under Ohio Revised Code 3113.31, you may use a civil protection order to receive temporary relief from an abusive situation whether or not a criminal charge is filed against the abuser.

Filing For A Civil Protection Order

In Ohio, there are three bases for filing a civil protection order:

Attempting to cause or causing bodily injury;
Placing someone in fear of imminent harm by a threat, or committing menacing by stalking or aggravated trespass;
Abuse of a child.

A family or household member who is a victim or an adult household member on behalf of a child may request the order. "Family or household member" includes: A spouse, an ex-spouse, a parent or child, step-parent, or step-child, other persons related to the abuser who reside in the home or have resided in the home with the abuser in the last five years including: boyfriends, girlfriends, or their children who are living together in the past year. This law also includes same-sex couples or those who have children in common even when they have never lived together or established paternity.

You may request a civil protection order through the Domestic Relations Division of the Court of Common Pleas. Some counties require an attorney to file for a CPO; other counties allow you to file pro se (without an attorney). Furthermore, some counties have attorneys available who will offer their services pro bono (free of charge). Contact your local domestic violence program for more information on filing for a CPO in your county.

Before Your Hearing

Plan to be about 10 minutes early to your hearing. Check with your attorney, advocate, or the clerk of courts for the time and location of your hearing.
A neat and clean appearance in court is important. Avoid wearing shorts and T- shirts. Dress pants or a skirt/dress is usually appropriate. Appropriate dress is one way to show respect for the court.
Unless your children will give testimony, it is not a good idea to bring them to the hearing. The judge may not permit them in the courtroom if you do bring them, so try to make child care arrangements if possible. If they will be giving testimony or if you cannot find someone to watch them for you, ask someone to meet you during your hearing time to watch your children in the court's waiting area. Talk to your local advocate if you cannot find someone to help you with your children.
Review and be familiar with your petition before your hearing. Stick to the facts.
If you have any of the following, bring them to the hearing: police reports relating to the abuse, doctor's statements, pictures of injuries, clothing torn during the most recent incident of abuse, any witnesses to the abuse, and anything else you believe will demonstrate the abuse you and/or your children have suffered.
You have the legal right to be accompanied by an advocate in the courtroom for all of your court proceedings. Contact your local domestic violence center before your hearing if you would like an advocate to accompany you.

Your Ex Parte Hearing

The first stage of filing for a civil protection order is the ex parte hearing.
A domestic violence advocate can help you complete and file with the court the petition for a civil protection order. Your advocate can also accompany you to the ex parte hearing.
Ex parte means "from one side," and in this hearing, the judge or magistrate hears from only you—not your abuser. This is your opportunity to explain to the judge why you fear your abuser and feel you need a protection order. Your abuser does not even need to know about this hearing until after it has taken place.
Either the judge or your attorney will ask you a few questions about the information you provide in your petition. Based on your testimony, the judge will decide whether or not to issue the protection order.
If the protection order is issued, a date will be set for the full hearing (usually 7-10 days after the ex parte hearing). The full hearing is when your abuser has the opportunity to come before the court and contest the order. You will also be able to speak on your behalf at the full hearing.
Before the full hearing, a copy of the protection order issued during the ex parte hearing must be served on your abuser (this notifies your abuser of the protection order in place and the date of the full hearing). This will be done by law enforcement or a special process server.
If they are unable to serve your abuser before the date of the full hearing, the hearing will be delayed until your abuser is served; however, your temporary order will remain in effect until the second hearing is held.
You can check with your attorney or the office of the clerk of courts to see if service was achieved. If you are unsure or unable to determine if the abuser was served, plan to be available at court during your scheduled hearing time; otherwise, your case may be dropped.

Your Full Hearing

The Full Hearing is to be held within seven to ten days of when the original order was granted.
Once your case is called, enter the courtroom with your advocate and find a seat. If the abuser sits next to you, it is your right to take another seat and to receive help from court staff in keeping the abuser away from you.
Stand when the judge enters, and sit down when the judge or bailiff instructs you to.
Relax and try to remain calm. Take deep breaths if you feel yourself getting tense. Breathe slowly and deeply. If something is said to you that bothers you, write it down. Never lose your temper in the courtroom.
The judge and the opposing council will ask you questions. Just tell the truth. If you don't understand a question, say so. Don't answer any question until you fully understand what they are asking you.
If you don't know an answer to a question, say so. Making up an answer may harm your credibility and may confuse you later. It's all right to admit you do not know or cannot remember something.
Be direct with the judge, and always address the judge as "Your Honor." Avoid answering questions with questions.
Always answer verbally so your answers can be recorded. For example, say "yes" rather than nodding your head.
Speak clearly and distinctly, using words, phrases, and terminology that you understand. Speak loudly enough so the judge can easily hear you, and do not chew gum.
Take your time when answering questions. Think about the question and your answer before speaking. If a judge has asked you a question, explain your answer if you need to. If the opposing council has asked you a question, it is usually best to answer as briefly as possible with a "yes" or "no" and a very short explanation if necessary.
When the judge is asking you questions, try not to look at your advocate or attorney for help. This could decrease your sincerity and credibility.
If you hear an objection, stop speaking and wait until the judge rules on the objection. "Overruled" means that you can answer the question, and "sustained" means do not answer the question. Don't worry about remembering legal terminology, either the judge or the attorneys will help you.
Be courteous. Don't interrupt anyone during the hearing. If you need to clarify something, write it down, and wait until it is your turn to testify or ask for clarification at the end of the hearing. Stop speaking immediately if the judge interrupts you.
Be sincere. Don't be sarcastic or appear dissatisfied with the judge or the other side. Keep suggestive gestures (such as shaking your head, mumbling under your breath) to an absolute minimum. These are distracting to the court, and the judge may ask you to refrain from such behavior.
Be serious in the courtroom. Avoid jokes and wisecracks. Testifying is a very serious matter and is not to be taken lightly. You want the judge to take your case seriously. It is also a good idea to avoid laughing or talking about the case in the hallway or restrooms; witnesses and/or attorneys for your abuser may see or hear you.
Take your personal log or diary of events into court with you if you have one. It will help you remember important details. Feel free to refer to it as often as you need to. Use the logs to tell the court specifically what happened and what was said. The other side may ask to see what you are referring to, so be sure that there is nothing written in your log that you do not want your abuser or your abuser's attorney to see.
If the judge does not order everything you asked for in the petition, ask for it again during the hearing (for example, a longer protection order or counseling for the abuser). Your advocate and/or attorney can help you with this.
Although it is good to maintain composure in court, it is okay if you become emotional and cry. The judge understands that it can be upsetting to talk about such personal matters in court. If you need a tissue, a drink of water, or a break to compose yourself, just ask the judge.

After Your Hearing

Discuss the results of the hearing and your next steps with your advocate and attorney. Ask any questions you have about the hearing, the order, and about what will likely happen in the future.

When you obtain your certified copy of the protection order, you should keep it with you at all times. The local police should also be given a copy if it was modified in any way from the original order. You may want to provide copies to your workplace or your children's school or day care as well as any other police departments which are likely to be called to enforce the order if it is violated.

If your abuser does not obey the order, you should call the police. The abuser can be arrested and charged with violation of a protection order.

Once an order is granted, only a judge can dissolve it. Actions of the victim do not discontinue the protection order. Therefore, it is valid until it has expired by passage of time (five years) or upon a court order. An abuser can be charged with a violation of the order regardless of the victim's actions (even if she allows the abuser to enter the residence).

Other Options: Restraining Orders/Peace Bonds

There are other types of court orders available to victims with varying degrees of protection.

Some people become confused between a protection order, a restraining order, and a peace bond. A protection order is specific to domestic violence situations. The law provides that a violation of the order is a crime. Police can arrest for the violation of a protection order.

A restraining order is more frequently used at the time of a divorce to restrain one party from selling household goods, taking all the money out of the bank, or from abuse and harassment when a protection order cannot be obtained. If this order is violated, the police cannot arrest. You must ask your attorney to file a contempt action with whatever court granted the restraining order.

A peace bond is a lay person's expression for what is most likely called a peace warrant. A judge can order that one person be restrained from bothering another person. It may be requested on its own. As with the restraining order, police cannot arrest for a violation of a peace bond. Presently, these are rarely used in Ohio.

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After You Get A Protection Order

If you have received either a Criminal Temporary Protection Order (TPO) or an Anti- Stalking Protection Order from a Municipal Court, or a Civil Protection Order (CPO) from the Domestic Relations court, you should receive a CERTIFIED COPY of it. Keep the certified copy with you at all times. It is a good idea to provide a copy to your workplace and your child's day care or school. It is also good idea to give a copy to the police department of any city you reside or work in if it has not already been served with a copy by the court.

You may also want to make a copy of the order and your other documents and keep them in a safe place. If you lose your copy or the abuser destroys it, the court can give you another certified copy of your protection order, though you may have to pay for it.

Enforcing a Protection Order

An abuser who violates any part of the order may be arrested or found in contempt of court ("contempt of court" means the abuser has not obeyed an order of the court). In Ohio, a violation of a protection order is a crime. A judge is likely to take this very seriously. A person who violates a protection order can be punished by being sent to jail for up to 6 months and fined up to $1,000 (see O.R.C. 2919.27 for other specifics).

Because a protection order sets limits for the abuser so you and your children can stay safer, it is important that those limits be enforced completely. If you think your abuser has violated your protection order, no matter how minor, call the police immediately.

If the police are called, show them a copy of the order when they respond. If the officer has reasonable grounds to believe that a valid protection order was violated, that officer should arrest the abuser. It is a good idea to write down their names and badge numbers in case you want to follow up on your case.

If the police officer who answers your call appears unfamiliar with or unwilling to enforce your protection order, call the police station for that city or district and ask for the Officer In Charge (O.I.C.). Explain that you have a protection order and need assistance with its enforcement.

Whether or not you call the police, even a minor infraction should be reported to the prosecutor, your advocate, or the court. It is very important to establish a record of these violations.

Is My Protection Order Valid in Another State?

Your protection order, whether it is a criminal temporary protection order, an anti- stalking protection order, or a civil protection order, is valid and can be enforced in every state across the country as well as in tribal lands and U.S. Territories.

Many states have laws or regulations about how to enforce out-of-state protection orders; however, these rules vary from state to state. Once you learn the rules for the state you are in, enforcing your out-of-state protection order is not difficult. You can get information about your state's enforcement rules by calling a domestic violence program, the clerk of courts, or the prosecutor in your area. If you do not know how to contact a domestic violence program in your area, call the National Domestic Violence Hotline (1-800-799-7233).

In order to enforce your out-of-state protection order, you will need to register your order with local law enforcement. To do so, you will need a certified copy of your order. A certified copy has a statement on it, which says it is a true and correct copy of the court document, and it is signed or initialed by the clerk of courts. You can get a certified copy from the clerk of court that issued the order. If you have already left the area of the court that gave you the order, contact a local court clerk, domestic violence advocate, or attorney, and they should be able to help you obtain a certified copy.

This is a new law, and there are still some people who do not know about it. Therefore, you may need to consult an attorney or a domestic violence advocate to help you enforce your out-of-state protection order.

Workplace/School Safety

Just as it is important to always register your protection order with local law enforcement, it is also important to let those around you in your daily life know about your protection order and how to enforce it. For example, it is a good idea to notify your employer or your children's school about your protection order.

This can be handled in a very confidential way that will help to insure your safety. Should you have questions, please contact your local advocate who may be able to suggest other methods of notification in these situations.

Changing A Protection Order

Once an order is granted, it cannot be dissolved or modified by anyone other than a judge on the case. Therefore, an order is valid until it has expired by passage of time or upon a new order of the court. An abuser can be held responsible for a violation regardless of the actions of the victim.

If there is some change of circumstances and you would like the order to be modified in some way, you (or your attorney if you have a civil protection order) need to request a change from the court.

Protection Orders and Divorce Decrees

If you have a Civil Protection Order (CPO), any temporary custody, visitation, or support awarded in that order may remain in effect for five (5) years. However, if you or your husband file an action for divorce, dissolution, or legal separation during the five (5) year period, these specific provisions will expire when the Domestic Relations Court in your divorce, dissolution, or legal separation case issues a custody, visitation, or child support order (see ORC 3113.31 (E) (3) (a)).

Similarly, if you and the respondent are not married and one of you files an action for custody or child support in Juvenile Court during the five year period, the custody, visitation, or child support awarded by your CPO will expire when the Juvenile Court issues an order awarding custody or support of minor children (see ORC 3113.31 (E) (3) (b).

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Working With An Attorney

Many lawyers offer a free consultation, and if you decide not to use them, there is no charge. Ask them ahead of time how they handle their consultations. If you do not have confidence in the first lawyer you talk to, you have every right to talk with several before you decide with whom you feel most comfortable working.

From the very beginning, you should feel comfortable when you talk to your lawyer and be sure that s/he understands your problems and knows how to help. Because there are some special issues when domestic violence is involved, it is important that your attorney is aware of the dynamics of abuse and the legal options for the protection of you and your children. You may want to ask specific questions about your attorney's training and experience in handling cases similar to yours. For example, you may want to ask if the attorney specializes in domestic violence relation's law (domestic violence, divorce, child custody, and related family matters). You may also want to ask how many years of experience s/he has in this area.

Before you hire a lawyer, ask about the fees and when you will be expected to pay them. Most attorneys will require some amount of money to begin handling your case. This is called a retainer. Legal fees can begin at several hundred dollars and go up to several thousand dollars. In some cases an attorney may be willing to set up a payment schedule with you or to ask the court to have your abuser be responsible for your legal fees.

If you cannot afford to pay a private attorney and you are a person of low income, you may be able to get a lawyer through the Legal Aid Society. There are no fees for a Legal Aid attorney. Legal Aid services differ from county to county, so contact a domestic violence hotline for details on their services in your area.

If you and your children are being abused and seeing an attorney quickly is important, you may want to contact a domestic violence hotline or legal advocate for help in getting an emergency appointment. These programs can also give you referrals to attorneys with experience in assisting domestic violence victims.

Information Your Attorney May Need

Your and your partner's present or last known address;
Your and your partner's dates of birth;
Your and your partner's Social Security numbers;
Date of your marriage or onset of your relationship;
City and state where you were married (if applicable);
Names of children of whom your partner is the parent;
These children's birth dates;
List of addresses where these children have lived for the past five years;
Your welfare card or your last two pay stubs;
Copy of deed to your house if you and your partner have bought one;
The names and phone numbers of persons with whom a message for you can be left;
Take with you your personal log or diary detailing the history (including dates) of abuse you and/or your children have suffered.

Tips On Working With Your Attorney

Once you have retained an attorney, whether privately or through Legal Aid, there are a number of things you can do to make your working relationship with your attorney a positive one and to keep costs down.

Because your attorney's time is money use it wisely. Make a list of questions or concerns you have before you call or meet with your attorney so you can be sure to get everything discussed in the least amount of time. Most attorneys charge for phone time, so call only when you need to. Your attorney is also likely to do a better job is s/he knows you call only when necessary and that you will be short and to the point.
The more information and documentation you can provide to your attorney, the easier the case is likely to be for both of you. If you can do most of the leg work in getting copies of any police or medical reports, it may speed things up and help limit costs. Your advocate can probably help you with the legwork.
If you are making payments, set them realistically and stick to them. The attorney will develop confidence that payment will be made, even if it takes you a long time.
Communicate information to your attorney in writing when possible and appropriate. This will allow you to have a copy for your records, and the attorney can put it straight into your file. Keep a copy of any documents or originals you give to your attorney and request a copy of any motions or judgments filed.
An attorney's expertise is in the law and representing you. While it is important that attorneys be empathetic and supportive of their clients, it is also important that you not use your attorney as a counselor. This is easier said than done sometimes, as this is likely to be a difficult time for you, and you may be facing some big decisions. It may be a good idea to be involved in a domestic violence program so you have others around you who can provide support.
If a problem develops between you and your attorney, discuss it constructively before it snowballs. If you need your attorney to interact with you differently than s/he has been, communicate that directly. Ask your attorney if s/he needs you to do things differently as well. This is not always a comfortable thing to do, but changing attorneys is usually expensive and time consuming, so it's worth trying to maintain that relationship if possible.

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Legal Options For Ending Your Marriage

In Ohio there are four ways for a husband and wife to end or change the marital relationship: Divorce, Dissolution, Legal Separation, and Annulment. Here is some important information about each of these options that you can use if you are considering ending your marriage.

Residency Requirements

Before you can file a divorce or dissolution, you (the party filing the action) must have lived in the State of Ohio for as least six (6) months prior to filing. You must also live in the county for ninety (90) days before filing. There is no state residency requirement for a legal separation, but you (the party filing) must have resided in the county in which you are filing for 90 days before filing the action.

Divorce

Divorce is the most common way to terminate a marriage. In a divorce, the parties cannot agree on how to end their marriage. One party must show that either the other party or both parties have done something which, under the law, is a reason to end the marriage. These reasons are called "grounds," and they include gross neglect of duty, extreme cruelty, habitual drunkenness, living separate and apart, willful absence of one year, adultery, imprisonment, or incompatibility. These grounds describe the spouse's behavior or the nature of the marital relationship, and they are necessary to explain to the court why a party is seeking a divorce.

The papers for the divorce must be filed with the court. Depending on the county in which a party files, there may or may not be a separate Domestic Relations Court. To start the divorce, you (the "plaintiff") must pay a court fee and file a complaint with the Clerk of Courts.

A complaint is a document which tells the court and the defendant (person against whom the complaint is filed) that you want a divorce and why (the grounds). Once the complaint is filed, the court will assign a judge and a case number. This is the court's way of identifying the case.

If you are filing the divorce and you have a very low income, you can get a Poverty Affidavit from the Clerk of Courts and file it along with the complaint.

After filing the complaint, the defendant must be notified that you are suing him for divorce. This is called Service of Process. Generally, if you know where your spouse is:

The court can send the notice by certified mail to the address you provide in the complaint (defendant's house, parents' house, or place of employment) or the court can serve the defendant in person;
The defendant, his relative, or his employer may sign for the papers (under no circumstances should you sign for the papers);
If no one signs for the certified mail and it is returned to the court, the court can then re-send the papers to the defendant by regular mail (you or your attorney must request this);
If the notice is sent by regular mail and it is not returned to the court, the court assumes the defendant has received it.

If you do not know where your spouse is:

You or your lawyer must ask the court to place a notice in the local legal newspaper (this is called "Service by Publication" or "posting");
This notice states that the case has been filed, the date of filing, and the date the defendant must answer or respond to the complaint;
The notice must appear in the paper for about six (6) weeks, after which the court will set the case for hearing;
There is an extra fee for publication, although the court may accept another poverty affidavit;
The major disadvantage is that the court cannot award child support or spousal support when service is done through publication or posting.

Once the defendant has received his copy of the complaint from the court, he has 28 days to respond and file an answer to the complaint. An answer addresses each claim made in the plaintiff's complaint. If the defendant does not answer, the divorce is uncontested. If he does answer, the case is contested. The defendant may also file a counterclaim in which he makes claims against the other party (you).

If the defendant does not answer or respond to the court papers, the court will set the case for an uncontested divorce hearing 42 days from the date he was served with the papers. The defendant will be sent notice of the hearing. He may show up at the hearing anyway and request an attorney. If this happens, the court will continue the case and give him time to obtain an attorney.

If he does not appear at the hearing, the court will most often grant the relief you requested. This includes custody and child support if you have children. The court can also award spousal support, divide personal property, and determine who is to pay the bills. The court may also give the defendant visitation, even if you do not ask for it.

If the defendant files an answer and/or counterclaim, the case is set for a contested trial. Several pre-trials may be scheduled first. This process always takes longer than an uncontested divorce. The parties may settle the case by way of a separation agreement, which is submitted to the court with the Judgment of Divorce. Other times the parties must proceed to a trial, provide testimony and subpoena witnesses, and prove grounds and the right to relief requested.

Sometimes your spouse may file a divorce action. In that case, you are the defendant and have 28 days to answer the complaint. You may choose to do nothing, which means he will get the divorce and the relief he requested in his complaint. You do not have to appear.

You may decide to contest the divorce and file an answer. You would do this if:

You do not want the divorce;
You want to have a say in the terms of the divorce.

Dissolution of Marriage

Dissolution of marriage is the simplest way to end the marital relationship. In dissolution, the parties agree to end their marriage, and there are no grounds presented. The parties need to agree to all the terms necessary to resolve all the issues, including support, property division, and child-related issues. These terms are put into a Separation Agreement, which is filed with the court along with a Petition for Dissolution of Marriage.

After the filing of a Petition for Dissolution, the parties must wait at least 30 days before the court can hear their case. However, the case must be heard by the court within 90 days of filing the petition.

At the hearing, the court will read the Separation Agreement and ask whether the parties disclosed their assets and liabilities, whether they entered in to the Separation Agreement voluntarily, whether they are satisfied with the agreement and whether they still wish to end the marriage. If the parties respond affirmatively to the questions asked, the court will most likely sign the judgment entry and approve the agreement.

While dissolution may be the easiest way to end your marriage, it is rarely successful for abused women because of the power and control issues inherent in the abusive relationship. Abusers may use their position to control the proceedings—either through the settlement or by refusing to appear at the final hearing.

Legal Separation

If one or both of the parties do not want to end the marriage, but the parties do not want to live together, they can file an action for legal separation. It will do everything a divorce does, but the parties will still be married.

A legal separation gives legal effect to the parties' separation. The plaintiff (petitioner) must file for an action for legal separation, allege one of the same grounds as in the divorce action, and request the court award certain relief (child and spousal support, custody, visitation, and division of property). Reasons for filing an action for legal separation include:

Religion does not allow the party filing to get a divorce;
The parties are not sure they really want to end their marriage;
One of the parties may want to collect certain benefits or continue to receive benefits, including health insurance or Social Security.

It must be remembered that after the parties have lived separate and apart for one (1) year, one spouse may be able to file for a divorce whether the other wants this or not. Separation for one (1) year is a ground for divorce in Ohio.

Annulment

This way of ending a marriage is not often used in Ohio. When a marriage is annulled, the court has determined that the parties were never married. However, the children are still considered legitimate.

The most common grounds for annulment are:

The parties never had sexual intercourse;
One party was under age when they were married, and they did not live together after this party reached the age of emancipation;
The marriage was the result of fraud or force.

In a divorce, dissolution, or legal separation, the court may allocate parental rights and responsibilities if there are children, award child support, award spousal support, and divide property.

Parental Rights & Responsibilities

An allocation of parental rights and responsibilities was formerly known as an award of custody and visitation. The court can designate that one parent be the residential parent and legal custodian and that one parent have visitation or companionship rights, or the court can award shared parenting. Shared parenting is where both parties share in the decision making for the child.

In cases where there has been domestic violence, the court may award supervised visitation if it is first determined that unsupervised contact may be detrimental to the child. The court's primary concern is the best interest of the child.

Child Support

Both parties have a financial duty to support the children. The courts in Ohio use child support guidelines in order to determine how much the parents should pay. It is calculated by combining both parents' gross income and then determining what portion of the total is made up by each parent's individual income. This determines for what percentage of total child support each parent is responsible. Childcare expenses and health insurance premiums may be factored into the child support order. The court can also issued orders for the payment of health insurance by one or both parents.

Child support must be paid to the Child Support Enforcement Agency usually through a wage order given to the employer. Sometimes the parent required to pay child support does not work. The court can only issue an order requiring him to seek work, which means nothing else can be done. No one is responsible to make sure he seeks work; he is only required to advise the court when and if he does find work. The court may also order him to pay a $50.00 per month mandatory minimum child support obligation to the Child Support Enforcement Agency if he is not employed.

Spousal Support

The court may also award spousal support to one of the parties. This is what was formerly known as alimony. It is awarded to assist in the maintenance of one of the parties for a period of time and is considered only after the property has been divided. The age of parties, length of the marriage, standard of living during the marriage, earning abilities of both parties, and health of the parties are among the factors that the court uses to determine whether to award spousal support.

Property Division

The court must also divide assets and liabilities between the parties. Marital property (property that is jointly owned or purchased) is divided between the parties. Marital debts (debts that are jointly incurred) are also divided between the parties.

During the time that the divorce is pending and before the case is over, you may request that the court issue a Temporary Protection Order restricting the other party from harassing or abusing you or from disposing of the marital property.

Additionally, temporary orders, such as orders to temporarily allocate parental rights and responsibilities, orders granting the use of the marital residence, and orders awarding temporary child and support, may be sought by one of the parties during the divorce. Temporary orders, unless modified, remain in effect only until the parties' divorce is final or the legal separation is granted.

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