filings) filing a Petition for protection from another party (the “Respondent” in court filings). Civil Protection Orders (CPO’s) are commonly confused with Criminal Temporary Protection Orders and Restraining Orders. To clear up any confusion I will explain the difference between the three.
A Criminal Temporary Protection Order (TPO) is an order created by judge to protect a victim of a crime. This order is generally in place from when a criminal charge is filed against an individual until the case has been dismissed or otherwise completed. The option of having the order filed is given to any alleged victims of a crime. A TPO can be challenged by the defendant in a full hearing before the judge or magistrate that issued the order. Since these orders are temporary and indeterminate in length of time, victims typically request that the court issue a no contact order on the defendants at the sentencing phase in order to provide continuing protection even though the case is closed. The courts ability to enforce the no contact order only exists so long as
the defendant is still under their authority through probation. This is a reason that many victims of crime seek protection through other civil protection orders.
A Restraining Order (RO) is an order created by a judge or magistrate in a civil court proceeding (not criminal). The most common type of civil restraining orders come from divorce proceedings and are a tool the courts employ to keep the status quo.
This is achieved by ordering a prohibition on a party or both parties from selling, transferring, gifting, or destroying martial assets (money, retirement accounts, personal property, real estate, etc) during the pendency of the court action. There are a
variety of other civil court restraining orders or injunctions that courts may order, but they are far less common and not comparable to our main topic which is CPO’s.
A Civil Protection Order (CPO) is an Order that can be granted by a Court upon hearing a petition alleging domestic violence.
It is initiated in the Common Pleas Court usually in the Domestic Relations Division. Ohio’s Domestic Violence Statute is O.R.C. Section 3113.31.Orders of Protection can be for a period not to exceed five (5) years as determined by the judge or magistrate. Once an Order of Protection is granted the penalties for the Respondent violating the Order can range from a
misdemeanor of the first degree, punishable by up to six (6) months in jail and/or a fine of $1,000.00 to a felony of the fifth degree punishable by up to one (1) year in jail and a fine of up to $2,500.00.
If you feel that you need a protection order or would like to discuss a protection order, the attorneys at KLEIN, TOMB & EBERLY are available to assist you. Please do not hesitate to contact the office at 937.339.3939 appointments are usually available within 24 hours of your call. The State of Ohio provides the possibility of financial assistance to qualifying Petitioners with damages
incurred by a Petitioner and their legal fees through the Ohio Victims of Crime legislation.
If a Petition for a Protection Order has been filed against you, seek immediate legal counsel so you can be made aware of
your rights and defenses.