Obtaining a Domestic Violence Civil Protection Order in Ohio

August 1, 2014

Obtaining a Domestic Violence Civil Protection Order in Ohio

Domestic abuse occurs when someone in an intimate relationship or marriage tries to dominate or control the other person. When domestic abuse includes physical abuse, it is called domestic violence. Domestic violence involves violence or threatened violence against a family or household member, which includes the following: 

  • Spouse, former spouse, or romantic partner with whom the offender has resided in the last five years
  • Child of the offender
  • Offender’s parent or foster parent
  • Offender’s extended family member
  • Parent or child of the offender’s spouse, former spouse, or romantic partner
  • Extended family member of the offender’s spouse, former spouse, or romantic partner 

Under Ohio law, the other parent of any child or alleged child is also considered a family member, even if he or she doesn’t live or hasn’t ever lived with the offender. Someone commits domestic violence when he or she knowingly or recklessly causes physical harm or threatens a family or household member with physical force. A knowing act of domestic violence is intentional, while a reckless act of domestic violence is one committed without regard for the outcome. 

Steps for Filing a Domestic Violence Civil Protection Order 

No one should have to live in fear of a person they love. If you have been the victim of domestic violence, you are entitled to obtain a civil protection order (CPO). A civil protection order is a civil order that protects you from abuse. The victim, the victim’s parent, or an adult household member of the victim can obtain a civil protection order against the alleged offender. 

You must file a petition for a CPO in domestic relations court (the domestic relations division of the court of common pleas) if the alleged abuser is over 18 years of age. If the alleged abuser is a minor, the petition must be filed in juvenile court. The person who files a CPO is known as the petitioner, while the alleged abuser named in the petition is called the respondent. 

An emergency (ex parte) civil protection order can be granted the same day the petitioner requests the emergency protection order. The court issues an emergency civil protection after hearing from just one side of the case. The court must schedule a full hearing within 7 to 10 days of the emergency civil protection order being granted. The full hearing CPO is the final order that the court issues, replacing the emergency CPO. 

A civil protection order will order the abuser to stop abusing, annoying, or harassing the victim. The court may also evict the abuser from the parties’ residence. If the victim shows that there is immediate or present danger at the emergency hearing, a vacate order will also be included in the emergency civil protection order. 

Advantages of Hiring a Domestic Violence Attorney in Columbus, Ohio 

The assistance of a domestic violence attorney in Columbus, Ohio who has experience in obtaining civil protection orders is invaluable. An attorney can help ensure that your rights are protected and take all of the necessary steps to ensure your safety. If you do not have an attorney when you petition the court for a CPO, you will be representing yourself and will be held to the same standards as an attorney. In some instances, a person who doesn’t have an attorney is unable to prove his or her case and the court cannot issue a domestic violence civil protection order. 

Looking for an experienced domestic violence attorney in Columbus, Ohio? Whether you’ve been the victim of domestic violence or are the victim of false domestic violence allegations, Edward F. Whipps & Associates can assist you. We have extensive experience successfully obtaining as well as defending against civil protection orders. You can arrange a mutually convenient time for a consultation with Edward F. Whipps & Associates by calling our Columbus office at (614) 398-4182, our Dublin office at (614) 461-6007, or toll-free at (877) 367-6544. 

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