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1. What are Protection Orders?

A Protection Order is granted by a Judge and orders the defendant to stay away from you. The defendant should not enter your home or approach you at your place of work or school. If the defendant violates the protection order, a new charge could be filed and the defendant could be arrested.

Although the Judge may grant the Protection Order, it does not guarantee your safety. It is important for you to be very careful and take steps to ensure your safety as much as possible. (See SAFETY HINTS)

The law (2919.27 and 3113.31 Ohio Revised Code) states that protection orders issued anywhere in the State of Ohio are enforceable throughout the state - if they are current and still valid. Comparable protection orders issued in other states may also be valid in Ohio.

2. Are all Protection Orders the same?

No. There are four different kinds of protection orders. Municipal (Criminal) court may issue a Domestic Violence Temporary Protection Order (DVTPO) or a Criminal Protection Order (CRPO) depending on the type of charge and your relationship to the defendant. Civil (Domestic) Court issues Civil Protection Orders (CPO) if you are a family or household member of the defendant. If you are being stalked, Common Pleas Court may issue a Civil Stalking or Sexually Orientated Offense Protection Order (SSOOPO).

3. Who can get a Criminal Protection Order?

If you are not considered a household or family member according to O.R.C. 2919.25, then you may request a Protection Order if any of the following charges are filed on your behalf.
- Felonious Assault
- Aggravated Assault
- Assault
- Aggravated Menacing
- Menacing by Stalking
- Menacing
- Aggravated Trespass

If you are considered a household or family member according to O.R.C. 2919.25, then you may request a Protection Order if an offence of violence is filed on your behalf. Offense of violence include but are not limited to:
- Domestic Violence
- Felonious Assault
- Aggravated Assault
- Assault
- Menacing by Stalking
- Aggravated Trespass
- Criminal Damaging/Endangering
- Criminal Mischief
- Burglary
- Endangering Children

4. How do I get a Criminal Protection Order?

a. A criminal charge must have been filed against the defendant,
b. The crime must be specified by statue (ORC 2919.26/2903.213)
c. You must be the victim of the crime,
d. Your relationship with the defendant must comply with the law see below.

5. Who are considered family and household members?

a. Spouse
b. Former spouse
c. Persons living together as spouses or otherwise cohabiting
1. Persons living as spouses must have lived with the offender within five years prior to the incident unless the victim is the natural parent of the offender's child.
d. Parents, children or other persons related by blood or marriage who are living or have lived with the offender.
e. Persons who have a child(ren) together do not have to have lived together in order to qualify under this statute.
f. Other types of relationships not mentioned above may be covered under this statute, but they must be examined on a case by case basis.

If all of the above apply and the prosecutor's office has assisted you in filing a criminal charge, then you need to call to see if the suspect has been served with the criminal complaint. Once the suspect has been served with their paperwork they will be assigned an arraignment date. At this point is when you will have a hearing for your protection order.

6. How long does the order last?

The criminal protection order is good only as long as the related charge is pending. When the case is resolved, the order expires.

A Civil Protection Order or Civil Stalking Protection Order can last up to five years and possibly be renewed for an additional five years.

7. Can I get a Criminal Protection Order any time?

No. In order to get a Criminal Protection Order, one of the charges mentioned in “Who can get a Criminal Protection Order?” Must be filed against the defendant. Protection orders are ONLY granted at the time of Arraignment.

8. Why do I have to come to the Arraignment?

In order to get a Criminal Protection Order you need to be present at the Arraignment. Typically, a hearing is held in order to establish grounds to consider granting the Criminal Protection Order. A hearing must be held allowing the Judge and the defendant's attorney a chance to hear from you what happened and why you want the protection order.

Arraignment is also where the Judge sets bond on the defendant, and the prosecutor needs to know your feelings about the defendant's release.

9. What will happen in Arraignment?

You will probably be asked to stand in front of the Judge (a Domestic Violence Advocate will be with you), raise your right hand and swear your statements are true. The Judge, prosecutor and/or defendant's attorney may ask you questions. Answer all questions as briefly and honestly as you can. The Judge wants to hear what happened during the incident and why you want a protection order.

Be aware that any information you give under oath can and may be used by the defendant's attorney.

10. What should I do if there is a violation of the Protection Order?

The violation of a Protection Order is a criminal offense in addition to any criminal charges already filed.

If the defendant violates the Protection Order or the protective provision of the CPO/SSOOPO in any way, call the police. DO NOT ATTEMPT TO REASON OR ARGUE WITH THE DEFENDANT. GET YOURSELF TO SAFETY. When the police arrive, show them a copy of your Protection Order. The police will want to confirm the validity of the Protection Order with their records department or the Clerk of Courts.

Ask the police to make a report regarding the Protection Order violation (even if the officer does not make an arrest). Also, write down the officer's name and badge number so that the prosecutor's office can contact the officer if it becomes necessary. You should go to the prosecutor’s office during the next available intake hours.