Definitions you need to know in a civil domestic violence case:
Petition for a Civil Protection Order ("CPO") is the document that must be filed with the domestic relations court if a victim of domestic violence or a parent or adult household member of a victim of domestic violence wishes to obtain a civil protection order against a domestic violence offender.
Ex Parte Civil Protection Order ("CPO") is an emergency court order issued in response to the Petition for a Civil Protection Order after an ex parte hearing.
Full Hearing Civil Protection Order ("CPO") is the final court order issued after a full hearing. When issued, the Full Hearing CPO replaces the Ex Parte CPO.
Petitioner is the person asking or "petitioning" the court for protection. By filing the Petition for a CPO you are the petitioner.
Respondent is the alleged domestic violence offender and; Petitioner seeks protection from the Respondent by filing for a CPO.
Civil Protection Orders
What is a Civil Protection Order ("CPO")?
A CPO is granted by a domestic relations court to protect a victim of domestic violence. A CPO is intended to prevent further domestic violence. It orders someone who has been abusive to do or not to do certain things in the future. You should try to get a CPO even if you have a TPO from a criminal court because a CPO lasts longer and provides more benefits--such as child custody and support orders.
Violating a CPO is a crime. If the Respondent violates the CPO, he or she may be arrested, jailed, and fined for disobeying the CPO. A CPO can remain in effect for up to five years. If the Respondent violates the CPO, you can call the police, go back to the domestic relations court to file a contempt charge, and go to the prosecutor's office to have the Respondent charged with the crime of violating a CPO. During the time it is in effect, you can go back to the domestic relations court or to the prosecutor's office to have the Respondent charged with the crime of violating a CPO.
Why get a Civil Protection Order?
If you are a victim of domestic violence, a CPO may help you. Once domestic violence starts, the violence often happens more often and gets increasingly severe. A CPO may stop this cycle of violence by ordering the Respondent to stay away from you for up to five years. A CPO can give you time to "sort things out" and decide what you want to do next without having to be afraid all of the time. If your children have seen domestic violence, a CPO may give all of you a chance to get some help so that you and your children are healthy and safe.
Second, domestic violence is a crime. A CPO tells the Respondent you and the court are serious about requiring the Respondent to stop his or her abusive behavior and not to hurt or threaten you again.
Third, a CPO sets some "rules" that the Respondent must obey while the CPO is in effect. These rules may require the Respondent to pay child or spousal support; give up possession of a home or car; and/or obey the court's orders about visitation.
Fourth, a CPO issued by a domestic relations court may last longer than a TPO issued by a criminal court and can provide more kinds of help. You should know that if you get a CPO the TPO from criminal court will end although the criminal case will continue.
Who can get a Civil Protection Order?
You can apply for a CPO if:
- You are related to the Respondent by blood or marriage;
- You are living with or have lived with the Respondent during the past five years;
- You used to be married to the Respondent; OR
- You have a child with the respondent, whether or not you ever married or lived together.
You can also get a CPO for any member of your household.
You may be able to get a CPO if:
- You have been dating the Respondent;
- You share family or financial responsibilities with the Respondent; And
- You spend the night with Respondent.
If you are in this situation, you may need legal assistance. Contact an attorney or Ohio State Legal Services at 800-589-5888.
Remember that a CPO has limits. If you suspect that the Respondent will not obey the terms of a CPO, contact your local domestic violence program or the Ohio Domestic Violence Network at 800-934-9840
Do I need an attorney to obtain a Civil Protection Order?
No, but you are often better off having legal representation in your CPO proceeding. Having an attorney represent you is especially helpful when your case involves contested custody and visitation and/or when an attorney represents the Respondent. If you cannot afford an attorney, contact your local legal aid office, bar association, or Ohio State Legal Services (800-589-5888) for information on low cost or free legal representation.
Must there be a court hearing for me to obtain a Civil Protection Order?
Yes. There are two hearings involved in a CPO case: the ex parte hearing and the full hearing.
Ex Parte Hearing: At this hearing only you are present. The Respondent is not present.
If a Petition for a CPO is filed early enough in the day, an ex parte hearing is held that same day. If the Petition for a CPO is filed too late in the day, a hearing is scheduled for the following business day. At the ex parte hearing, you take an oath to tell the truth and a judge or magistrate hears your statement of what happened. If the judge or magistrate finds that the events you described meet the requirements of the law, the court will issue an Ex Parte CPO and schedule a full hearing. If the Respondent is asked to vacate the home in which you live, there will be a full hearing within 7 days. Otherwise, a full hearing will be set within 10 days.
Full Hearing: The full hearing is the final hearing.
At this hearing, both you and the Respondent can testify. You must be present at the full hearing. You should bring any witnesses who can support your case. If the court issues a Full Hearing CPO, the court files the CPO with the clerk of court. The clerk serves the appropriate parties with certified copies of the CPO. The CPO remains in force until the date indicated in the CPO, with five years being the maximum. The court cannot hold a full hearing until the Respondent has been served with the Ex Parte CPO. You may need to fill out forms for the clerk of courts to cause service.
If the Respondent does not show up for the full hearing, you can still obtain a final CPO. However, if the Respondent is not served with the Ex Parte CPO before the full hearing, the court postpones the full hearing until the Respondent is served. If the full hearing is postponed, the Ex Parte CPO remains in effect until the full hearing is held.
Feel free to bring an advocate with you to the ex parte and full hearings for support. Some domestic violence shelters can provide advocates to go with you to these hearings. Contact your local domestic violence program or the Ohio Domestic Violence Network, 800-934-9840, for a program and shelter information.
What does it mean to be served with protection order papers?
To be served means that the sheriff or other law enforcement agency gives a copy to the Respondent. Any Ex Parte CPO issued by a court must be served on the Respondent and on the local law enforcement agency (the one where you live and the one where the Respondent lives) before the full hearing. Without service of the Ex Parte CPO on the Respondent the court cannot hold a full hearing. The clerk of court's office will give you forms to fill out for service.
How To Obtain A Domestic Violence Civil Protection Order ("CPO")
Forms to Fill Out for a Domestic Violence CPO
- To obtain a CPO, you need the following documents. You can get all of these documents from the clerk of court's office, or from Crime Victim Services.
- Petition for Domestic Violence Civil Protection Order Form 10.01-D.
- Domestic Violence Ex Parte Civil Protection Order Form 10.01-H
- If you are requesting temporary custody of a child, information for Parenting Proceeding Affidavit Form 10.01-F.
- If you request financial support, you might need to fill out a Financial Affidavit Form. If you need to fill out a financial affidavit the clerk of court's office provides you with this form.
- Complete the Petition for a CPO form. Complete the Parenting Proceeding Affidavit and financial affidavit forms if applicable. Take five copies of these documents to the clerk of court's office. Do Not fill out the Ex Parte CPO Form.
Filing the Petition for a Domestic Violence CPO Form
- Present your completed Petition for a CPO form and, if needed, your completed Parenting Proceeding Affidavit and financial affidavit forms, to the filing window/counter of the clerk of court's office for filing. Do Not file the Ex Parte CPO form at this time.
- A clerk of court's office employee helps you file your documents.
- There is no fee for filing the Petition for a CPO form.
- Ask a clerk of court's office employee or Crime Victim Services about your local court procedures.
- Ohio law permits you to have a victim advocate with you at all times in court during protection order proceedings. Victim Advocate means a person who provides support and assistance for a victim of an offense during court proceedings. Contact Crime Victim Services or your local domestic violence program or the Ohio Domestic Violence Network, 800-934-9840, for advocate information.
Attending the Ex Parte Court Hearing
- You must appear in front of a judge or magistrate for the ex parte hearing. The judge or magistrate listens to your testimony.
- You should tell the judge or magistrate what the Respondent did to make you fear that you or a family member may be in danger. Tell the judge or magistrate if the Respondent injured you, attempted to injure you, or threatened you.
- Tell the judge or magistrate what you would like the court to do to help keep you and other family members safe and to protect the best interests of any children. For example, you might ask the judge or magistrate to:
- Order the Respondent to stay away from you;
- Order the Respondent to be removed from your home;
- Order the Respondent to get counseling;
- Award custody of any children;
- Order the Respondent to have visitation only under conditions that will keep you and the children safe;
- Order the Respondent to pay you child support and/or spousal support (alimony);
- Order the Respondent to be prohibited from having any weapons;
- Award you possession of a car for your use;
- Award you possession of your personal property and the children's personal property.
- Order the Respondent to stay away from you;
- If the judge or magistrate determines that you or your family or household members are in danger of domestic violence, the judge or magistrate signs an Ex Parte CPO at the hearing. The judge or magistrate may sign your form or prepare a form.
- The judge or magistrate then sets a second hearing (called a "full Hearing") in 7 or 10 court days to give the Respondent a chance to be heard. You must appear at the full hearing. Some issues, such as support, may be postponed until this second hearing. Take the signed Ex Parte CPO to the clerk of court's office and have it filed. Tell the clerk's office where law enforcement officers can find the Respondent to serve him or her with the Ex Parte CPO and other necessary papers.
You Must Attend the Full Hearing
- The full hearing on the Petition for a CPO will be set in 7 or 10 court days after the ex parte hearing. You must attend the full hearing.
- At the full hearing you must tell what happened again. This time you tell what happened in more detail. Bring with you any witnesses, photos or papers that will help you prove that the Respondent injured you or another family member, attempted to injure you or threatened you. Tell the judge or magistrate why you fear the Respondent. You may call the respondent as a witness to help prove your case. Tell the judge or magistrate again what you want the court to do to help keep you and your family members safe.
- The Respondent may also present evidence. The Respondent may call you as a witness and ask you questions.
- At the full hearing, if the judge or magistrate decides you are entitled to a CPO, the court issues a new CPO called a "Full Hearing CPO." This CPO is usually more detailed than the Ex Parte CPO issued after the first hearing. The judge or magistrate could also dismiss your Petition for a CPO, if the court decides you are not entitled to a CPO. The court may not issue any orders against you unless the Respondent has filed a separate action against you.
- At the full hearing, you and the Respondent can decide to enter into a Consent Agreement instead of having a hearing in front of the judge or magistrate. If you decide to enter into a Consent Agreement, give the judge or magistrate the Consent Agreement form contained in the "How to Get a Domestic Violence Protection Order" packet. The court should also have a Consent Agreement form available.
- In addition to the ex parte hearing and full hearing in domestic relations, court, you should attend all meetings and hearings as requested by the prosecutor and the court related to any criminal case filed against the Respondent.
- Tell the domestic relations court about any pending criminal cases. Tell the criminal court about any pending domestic relations court cases.
- Any temporary protection order (TPO) issued by a criminal court expires as soon as the criminal case is ended –a dismissal, plea, or conviction. It is important to ask the domestic relations court for a CPO even if a criminal court has issued a TPO. A TPO issued by a criminal court also expires when a CPO is issued by the domestic relations court based upon the same facts.
Enforcing Your CPO
- Your CPO remains in effect for five years, unless the court sets a different expiration date.
- Violating a CPO is a crime in Ohio. If the Respondent violates the CPO, immediately contact the police and notify the prosecutor.
- Some CPO violations may allow you to bring a contempt action against the Respondent in domestic relations court. A contempt action is brought because the Respondent is disregarding the court's order. There is a contempt motion form in the "How to Get a Domestic Violence Protection Order" packet available from your local domestic violence program. You must complete and file the contempt motion form with the clerk of court's office to begin a contempt action against the Respondent.
FORM 10.01-A. GENERAL INFORMATION ABOUT DOMESTIC VIOLENCE PROTECTION ORDERS 1/1/98
General Information About Domestic Violence Protection Orders
In a criminal domestic violence case:
Motion for a Temporary Protection Order ("TPO") is the document that must be filed in a criminal case if a victim of domestic violence wishes to obtain a protection order against an alleged domestic violence offender. The criminal case must allege the offender committed domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, or aggravated trespass against a family or household member.
Temporary Protection Order ("TPO") is the order the court issues in response to the Motion for Temporary Protection Order. The TPO requires the domestic violence offender to stop abusing and to stay away from the victim(s) named in the Motion for Temporary Protection Order. A TPO expires when the alleged domestic violence offender's criminal case ends or when a new CPO is issued based on the same incident(s) of domestic violence.
Complainant is the person asking the court for protection in the Motion for a Criminal TPO.
Defendant is the person the Motion for a TPO is filed against. The Defendant is the person accused of the crimes of domestic violence, felonious assault, aggravated assault, assault, menacing by stalking or aggravated trespass against a family or household member.
Criminal Temporary Protection Orders
Your local criminal court grants a TPO. You ask the court for a TPO when a criminal complaint is filed alleging someone has committed a domestic violence crime against you. The TPO orders someone who has abused you to do or stop doing certain things in the future. Violating a TPO is a crime. If the Defendant violates the TPO, the Defendant may be arrested, jailed and fined for disobeying the TPO. Violating a TPO is also a reason for the court to revoke the Defendant's bail. A TPO lasts only until the criminal case is ended by a plea, a conviction, or a dismissal of charges, or a CPO is issued by a domestic relations court.
Warning Concerning The Attached Domestic Violence Protection Order
Note: Rules of Superintendence 10.01 and 10.02 require this Warning to be attached to the Front of all criminal domestic violence protection orders issued by the courts of the State of Ohio.
Warning To Respondent/Defendant
Violating the attached Protection Order is a crime, punishable by imprisonment or fine or both, and can cause your bond revoked or result in a contempt of court citation against you.
This Protection Order is enforceable in all 50 states, the District of Columbia, tribal lands, and U.S. Territories pursuant to the Violence Against Women Act of 1994, 18 U.S.C. Section 2265. Violating this Protection Order may subject you to federal charges and punishment. You may also be subject to federal penalty for possessing, transporting, or accepting a firearm under the Gun Control Act, 18 U.S.C. Section 922(g)(8).
Only the court can change this order. The petitioner cannot give you legal permission to change this order. If you go near the Petitioner, even with the Petitioner's consent, you may be arrested. If you and the Petitioner / Complainant/ Victim want to resume your relationship you must ask the Court to modify or dismiss this Protection Order. Unless the Court modifies this order, you can be arrested for violating this Protection Order. You act at your own risk if you disregard this warning.
Warning To Petitioner / Complainant/Victim
You cannot change the terms of this order by your words or actions. Only the Court can allow the Respondent/Defendant to contact you or return to your residence. If you and the Respondent want to resume your relationship, you must ask the Court to modify or dismiss this Protection Order.
Notice To All Law Enforcement Agencies And Officers
The attached Protection Order is enforceable in all jurisdictions. Violation of this Protection Order, regardless of whether it is a criminal or civil Protection Order, is a crime under R.C. 2919.27. Law enforcement officers with powers to arrest under R.C. 2935.03 for violations of the Ohio Revised Code must enforce the terms of this Protection Order as required by R.C. 2919.26, 2919.27 and R.C. 3113.31. If you have reasonable grounds to believe that Respondent / Defendant has violated this Protection Order, it is the preferred course of action in Ohio under R.C. 2935.03 to arrest and detain Respondent / Defendant until a warrant can be obtained.
A TPO is granted by your local criminal court if you ask for a TPO when a criminal complaint is filed alleging someone has committed a domestic violence crime against you. It orders someone who has been abusive to do or not to do certain things in the future. Violation of a TPO is a crime. If the Defendant violates the TPO, the Defendant may be arrested, jailed, and fined for disobeying the TPO. The violation is also a reason for the court to revoke the Defendant's bail. A TPO lasts only until the criminal case is disposed of by a plea, a conviction, or a dismissal of charges or a CPO is issued.
FORM 10.01-A. GENERAL INFORMATION ABOUT DOMESTIC VIOLENCE PROTECTION ORDERS 1/1/98
Civil Stalking Protection Order (CSPO)
Civil Protection Order in A Menacing by Stalking Situation
Generally. The act creates a procedure pursuant to which a person who is an alleged victim of the offense of menacing by stalking may request a protection order whether or not criminal charges have been filed against an alleged offender. The procedure, which roughly parallels the existing procedure for CPO’s, authorizes the issuance of a fourth type of protection order: a civil protection order issued by a court of common pleas when a petitioner alleges that a person has engaged in menacing by stalking.
A person may seek relief under the procedure for the person, or a parent or adult household member may seek relief on behalf of any other “family or household member”, by filing a petition in the court of common pleas of the county in which the person to be protected by the protection order resides. The petition must contain or state both an allegation that the respondent engaged in the offense of menacing by stalking against the person to be protected by the protection order , including a description of the nature and extent of the offense, and a request for relief in accordance with the act’s provisions. Notwithstanding any provision of law to the contrary, a court cannot charge a fee for the filing of such a petition. The act gives courts of common pleas jurisdiction over all proceedings relative to the issuance of such a protection order. (R.C. 2903.214(A)(1), (A)(3), (B), (C), and (J).)
Ex-parte Orders. If a petitioner requests an ex parte order, the court must hold an ex parte hearing as soon as possible after the petition is filed, but not later that the next day the court is in session after the petition is filed. The court, for good cause shown at the hearing, may enter any temporary orders, with or without bond, that the court finds necessary for the safety and protection of the person to be protected by the order. Immediate and present danger to the person to be protected constitutes good cause for purposes of the provision. Immediate and present danger includes, but is not limited to situations in which the respondent has threatened the person to be protected by the protection order with bodily harm or in which the respondent previously has been convicted of or pleaded guilty to menacing by stalking against that person.
If the court, after an ex parte hearing, issues a protection order, the court must schedule a full hearing for a date that is within ten court days after the ex parte hearing. The court must give the respondent notice of, and an opportunity to be heard at, the full hearing. The court must hold the full hearing on the date scheduled unless the court grants a continuance under any of the following circumstances or for any of the following reasons to a reasonable time determined by the court: (1) prior to the date scheduled for the full hearing, the respondent has not been served with the petition and notice of the full hearing, (2) the parties consent to the continuance, (3) the continuance is needed to allow a party to obtain counsel, or (4) the continuance is needed for other good cause. An ex parte order issued under this provision does not expire because of a failure to serve notice of the full hearing upon the respondent before the date set for the full hearing, as described above, or because the court grants a continuance under the act.
If the petitioner does not request an ex parte order or if the petitioners request an ex parte order but the court does not issue an ex parte order after an ex parte hearing, the court must proceed as in a formal civil action and grant a full hearing on the matter. (R.C. 2903.214(D).)
Issuance of an order. After an ex parte or full hearing, the court may issue a protection order, with our without bond, that contains terms designed to ensure the safety and protection of the person to be protected by the order, including, but not limited to, a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or family household members. A protection order so issued under the act is valid until a date certain but not later than five years from the date of issuance. A protection order may be renewed in the same manner as the original order was issued. (R.C. 2903.214 (E)(1) and (2).)
If the court includes in a protection order issued under the act a requirement that the respondent refrain from entering the residence, school, business, or place of employment of the petitioner or a family or household member, the order must clearly state that the order cannot be waived or nullified by an invitation to the respondent from the complainant to enter the residence, school, business, or place of employment or by the respondent’s entry into one of those places otherwise upon the consent of the petitioner or family or household member. This provision does not limit any discretion of a court to determine that a respondent charged with committing the offense of violating a protection order, with a violation of a municipal ordinance substantially equivalent to that offense, or with contempt of court, which charge is based on an alleged violation of a protection order issued under the act, did not commit the violation or was not in contempt of court. (R.C. 2903.214 (E)(1) and (5).)
The court must cause the delivery of a copy of a protection order issued under the act to the petitioner , the respondent, and all law enforcement agencies with jurisdiction to enforce the order. The court must direct that a copy of the order be delivered to the respondent on the same day that the order is entered. All law enforcement agencies must establish and maintain an index for the protection orders delivered to the agencies under this provision of the act. With respect to each order, each agency must note on the index the date and time it received the order. Regardless of whether the petitioner has registered the protection order, as described below, in the county in which the officer’s agency has jurisdiction, any officer of a law enforcement agency must enforce a protection order issued by any court in Ohio in accordance with the provisions of the order, including removing the respondent from the premises, if appropriate. (R.C. 2903.214 (F).)
The court may not issue a protection order under the act that requires a petitioner to do or to refrain from doing an act that the court may require a respondent to do or to refrain from doing under the act unless all of the following apply (R.C. 2903.214 (E)(3)): (1) the respondent files a separate petition for a protection order under the acts’ provisions, (2) the petitioner is served with notice of the respondent’s petition at least 48 hours before the court holds a hearing with respect to the respondent’s petition, or the petitioner waives the right to receive this notice, (3) if the petitioner has requested an ex parte order, the court does not delay an ex parte hearing beyond the time specified for such a hearing in order to consolidate hearings on the request, and (4) after a full hearing at which the respondent presents evidence in support of the request for a protection order and the petitioner is afforded an opportunity to defend against that evidence, the court determines that the petitioner has committed the offense of menacing by stalking against the person to be protected by the protection order or has violated a protection order issued by a criminal court for a victim of menacing by stalking relative to the person to be protected by the protection order issued under the act’s provisions.
Proceedings under the act’s provisions must be conducted in accordance with the Rules of Civil Procedure, except that a protection order may be obtained with or without bond. In all stages of the proceedings, a petitioner may be accompanied by a “victim advocate”, defined in the act as a person who provides support and assistance for a petitioner. An order issued under the act, other than an ex parte order, that grants a protection order, or that refuses to grant a protection order, is a final, appealable order. The remedies and procedures in the act are in addition to, and not in lieu of, any other available civil or criminal remedies. The filing of proceedings under the act does not excuse a person from filing a report or giving any notice of child abuse or neglect required by the Juvenile Law or by any other law. No protection order issued under the act affects title to real property in any manner. (R.C. 2903.214 (A)(2), (E)(4), (G), (H), and (L).)
A law enforcement agency that investigates an alleged incident of menacing by stalking must provide information to the victim and the family or household members of the victim regarding the relief available under the act’s provisions and the provisions for a protection order issued by a criminal court for a victim of menacing by stalking.(R.C. 2903.214 (I).)
Violation of the order. A person who violates a protection order issued under the act’s provisions is subject to criminal prosecution for the offense of violating a protection order (see below), if the violation of the protection order constitutes that offense, or is subject to punishment for contempt of court. The punishment of a person for contempt of court does not bar criminal prosecution for the offense of violating a protection order. However, a person punished for contempt of court is entitled to credit for the punishment imposed upon conviction for that offense, and a person convicted of that offense cannot subsequently be punished for contempt of court arising out of the same activity. (R.C. 2903.214 (K).)
Registration of protection order in another county. A petitioner who obtains a protection order in a civil proceeding under the act’s provisions or a protection order in connection with a criminal charge of menacing by stalking may provide notice of the issuance or approval of the order to the judicial and law enforcement officials in any county other than the county in which the order is issued by registering that order in the other county and filing a copy of the registered order with a law enforcement agency in the other county. A person who obtains a protection order issued by a court of another state may provide notice of the issuance of the order to the judicial and law enforcement officials in any Ohio county by registering the order in that county pursuant to the existing procedure (R.C. 2919.272 - not in the act) for registering protection orders issued by a court of another state and by filing a copy of the registered order with a law enforcement officer in that county.
To register the order, the petitioner must obtain a certified copy of the order from the clerk of the court that issued the order and present that certified copy to the clerk of the court of common pleas or the clerk of a municipal court or county court in the county in which the order is to be registered. Upon accepting the certified copy of the order for registration, the clerk of the court must place an endorsement of registration on the order and give the petitioner a copy of the order that bears that proof of registration. The act further requires the clerk of each court of common pleas, municpal court, or county court to maintain a registry of certified copies of protection orders that have been issued by courts in other counties pursuant to the act’s provisions or in connection with a criminal charge of menacing by stalking and that have been registered with the clerk. (R.C. 2903.214 (M).)
The act includes the new protection order in the list of protection orders that the police force of a municipal corporation is required to enforce (R.C. 737.11).
Violating a protection order - changes. The act adds the protection order that it creates to the list of orders that a person is prohibited from violating and a violation of which constitutes the offense of “violating a protection order”. It also adds the new protection order to the provisions of existing law that prescribe the penalty when the offense of “violating a protection order” involves a violation of a protection order. If the offense involves a violation of the new protection order, it generally is a misdemeanor of the first degree, but is a felony of the fifth degree if the offender previously has been convicted or pleaded guilty two or more times to the offense involving an anti-stalking protection order or the new protection order, two or more times to aggravated menacing, menacing by stalking, menacing, or aggravated trespass that involved the same person who is the subject of the protection order, or two or more times to the former offense of violating an anti-stalking protection order. (R.C. 2919.27 (A)(2) and (B)(2).)
Pre-existing law authorizes a court to order an evaluation of the mental condition of a defendant who is charged with “violating a protection order” if the court determines that certain criteria apply in the case. If the alleged violation is a violation of an anti-stalking protection order, the court may order an evaluation if it determines that the violation allegedly involves conduct by the defendant that caused physical harm to the person or property of the person covered by the order, or conduct by the defendant that caused the person covered by the order to believe that the defendant would cause physical harm to that person or that person’s property. Under the act, those criteria apply when the alleged violation is a violation of the protection order created by the act. (R.C. 2919.271 (A)(1)(b) and 2937.23 (B)(2).)
Criminal Stalking Protection Order (SPO)
Under pre-existing law, if a complaint is filed alleging that a person has committed the offense of felonious assault, aggravated assault, assault, aggravated menacing, menacing by stalking, menacing or aggravated trespass, or a violation of a municipal ordinance that is substantially similar to any of those offenses, and the complainant may file a motion requesting the issuance of an anti-stalking protection order as a pretrial condition of release of the alleged offender in addition to any bail set for the offender. If the court finds that the safety and protection of the complainant may be impaired by the continued presence of the alleged offender, the court may issue an anti-stalking protection order containing terms designed to ensure the complainants safety and protection, including a requirement that the alleged offender refrain from entering the complainant's residence, school, business, or place of employment, that is effective until the disposition of the criminal proceeding arising out of the complaint upon which the order is based. (R.C. 2903.213 (A), (C), and (E) (2).)
Pre-existing law requires an officer of a law enforcement agency to enforce a protection order issued under R.C. 2903.213 in accordance with the provisions of the order. The act expands that provision by requiring an officer to enforce such an order regardless of whether the petitioner has registered the protection order in the county in which the officer's agency has jurisdiction (R.C. 2903.213 (G)(3).)