Columbus Violating Protection Order Attorneys

The first thing to understand about protection orders in Ohio is that there are four different kinds of protection orders: Temporary Protection Orders (TPOs), Civil Protection Order (CPOs), Criminal Protection Orders, and Anti-Stalking Protection Orders. Each kind of protection order has different parameters and processes, but they all effectively serve the same purpose, which is to protect an individual from being harassed by or having their rights violated by an alleged offender.

Law enforcement in Ohio is stringent in their defense of protection orders, and violations of these orders can carry enormous penalties. Certain aggravating factors in these cases can lead to increased penalties for alleged offenders.

Columbus, OH Violating Protection Order Lawyer

If you were arrested in the Columbus area for an alleged violation of a protection order, you need to take the criminal charges very seriously. Make sure that you invest in the best possible criminal defense attorney you can find.

Sabol | Mallory will work to ensure that you are able to achieve the most favorable possible outcome to your case. We can discuss your options with you when you call (614) 300-5088 or contact us online to schedule a free consultation.

Violating Protection Order Charges in Ohio

Protection orders are most commonly issued in connection to domestic violence cases in Ohio. You will want to make sure that you retain legal counsel as soon as you know that you will have a protection order hearing.

TPOs are typically issued when cases have not yet been resolved. A TPO prohibits an alleged offender from having any contact with the alleged victim and/or the alleged victim’s family and/or pets, and they can apply to homes or public places such as schools and places of employment.  A TPO may also prohibit an alleged offender from possessing weapons.

A CPO allows alleged victims of domestic violence to seek legal protection against violence occurring within the family unit. The alleged harm or threat of injury must involve a family or household member (defined under Ohio Revised Code § 2919.25 as meaning any of the following: Any of the following who is residing or has resided with the offender: A spouse, a person living as a spouse, or a former spouse of the offender; a parent, a foster parent, or a child of the offender, or another person related by consanguinity or affinity to the offender; a parent or a child of a spouse, person living as a spouse, or former spouse of the offender, or another person related by consanguinity or affinity to a spouse, person living as a spouse, or former spouse of the offender, or the natural parent of any child of whom the offender is the other natural parent or is the putative other natural parent).

A CPO can order an alleged offender to stop the abuse; grant possession of the residence or household to the alleged victim and/or other family member, to the exclusion of the evict the alleged offender, or order the alleged offender to vacate the premises, or (if the alleged offender has the duty to support order the abuser to provide suitable, alternative housing; award temporary custody and establish temporary custody orders with regard to minor children (if no other court has determined custody and visitation rights); require the alleged offender to maintain support if the alleged offender customarily provides for or contributes to the support of the family or household, or if the abuser has a duty to support under the law; require counseling; require the alleged offender to refrain from entering the residence, school, business, or place of employment of the victim or other family members; and grant any other relief that the court considers fair, including, but not limited to, ordering the abuser to permit the use of a motor vehicle to the victim, and ordering a fair apportionment of household and family personal property.

Criminal Protection Orders are usually issued by criminal courts in response to crimes such as domestic assault. Anti-Stalking Protection Orders are intended to protect alleged victims from stalking and other non-physical harassment.

If an alleged victim is not considered a family or household member, they may request a Criminal Protection Order if any of the following charges are filed on their behalf:

• Felonious Assault
• Aggravated Assault
• Assault
• Aggravated Menacing
• Menacing by Stalking
• Menacing
• Aggravated Trespass

If an alleged victim is considered a family or household member, they can request a Criminal Protection Order if an offense of violence is filed on their behalf. Offenses 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

When a protection order has been issued against you, Ohio Revised Code § 2919.27 stipulates that no person can recklessly violate the terms of any of the following:

• A protection order issued or consent agreement approved pursuant to Ohio Revised Code § 2919.26 (violations of criminal damaging or endangering, criminal mischief, burglary, or aggravated trespass) or Ohio Revised Code § 3113.31 (domestic violence);
• A protection order issued pursuant to Ohio Revised Code § 2151.34 (protection orders against minors), Ohio Revised Code § 2903.213 (violations of felonious assault, aggravated assault, assault, aggravated menacing, menacing by stalking, menacing, or aggravated trespass), or Ohio Revised Code § 2903.214 (menacing by stalking);
• A protection order issued by a court of another state.

Violating a protection order is generally a first-degree misdemeanor, but the offense is subject to certain upgrades in criminal charges. Violating a protection order is a fifth-degree felony if the alleged offender has been previously convicted of, pleaded guilty to, or been adjudicated a delinquent child for any of the following:

• A violation of a protection order issued or consent agreement approved pursuant to Ohio Revised Code § 2151.34, Ohio Revised Code § 2903.213, Ohio Revised Code § 2903.214, Ohio Revised Code § 2919.26, or Ohio Revised Code § 3113.31;
• Two or more violations of Ohio Revised Code § 2903.21, Ohio Revised Code § 2903.211, Ohio Revised Code § 2903.22, or Ohio Revised Code § 2911.211, or any combination of those offenses, that involved the same person who is the subject of the protection order or consent agreement;
• One or more violations of Ohio Revised Code § 2919.27.

If an alleged offender violates a protection order or consent agreement while committing a felony offense, violating a protection order is a third-degree felony.