Protection Order Hearings

CRIMINAL

A protection is commonly referred to as a restraining order and is a powerful document because it is a court order that typically directs a person to specifically follow certain instructions. The person who files the complaint is the petitioner and the person who is the subject of the complaint is the respondent.

Protection Order Hearings

‍When a court reviews a petition for a protection order, it may issue an ex parte, or temporary order that includes several injunctions. An injunction is a court order that usually prohibits you from doing something or requiring your to do something.

Protection Order Hearings Defense Attorneys in Columbus, OH | Sabol | Mallory

If you have been served a protection order or were arrested for violating a protection order in the Columbus area, do not wait to seek legal representation. You are going to want a lawyer for any hearings relating to your protective order.

Sabol | Mallory understands the complexity of the issues that are often at the center of these types of cases and we know how to help people achieve the most favorable resolutions to their cases. Call (614) 300-5088 or contact us online to take advantage of a free consultation.

Types of Protection Order Injunctions in Ohio

Ohio Revised Code § 3113.31(E)(1) states that when the court grants any protection order after an ex parte or full hearing, the order or agreement can:

  • Direct the respondent to refrain from abusing or from committing sexually oriented offenses against the family or household members or persons with whom the respondent is or was in a dating relationship;
  • With respect to a petition involving family or household members, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by evicting the respondent, when the residence or household is owned or leased solely by the petitioner or other family or household member, or by ordering the respondent to vacate the premises, when the residence or household is jointly owned or leased by the respondent, and the petitioner or other family or household member;
  • With respect to a petition involving family or household members, when the respondent has a duty to support the petitioner or other family or household member living in the residence or household and the respondent is the sole owner or lessee of the residence or household, grant possession of the residence or household to the petitioner or other family or household member, to the exclusion of the respondent, by ordering the respondent to vacate the premises, or, in the case of a consent agreement, allow the respondent to provide suitable, alternative housing;
  • With respect to a petition involving family or household members, temporarily allocate parental rights and responsibilities for the care of, or establish temporary parenting time rights with regard to, minor children, if no other court has determined, or is determining, the allocation of parental rights and responsibilities for the minor children or parenting time rights;
  • With respect to a petition involving family or household members, require the respondent to maintain support, if the respondent customarily provides for or contributes to the support of the family or household member, or if the respondent has a duty to support the petitioner or family or household member;
  • Require the respondent, petitioner, victim of domestic violence, or any combination of those persons, to seek counseling;
  • Require the respondent to refrain from entering the residence, school, business, or place of employment of the petitioner or, with respect to a petition involving family or household members, a family or household member;
  • Grant other relief that the court considers equitable and fair, including, but not limited to, ordering the respondent to permit the use of a motor vehicle by the petitioner or, with respect to a petition involving family or household members, other family or household members and the apportionment of household and family personal property;
  • Require that the respondent not remove, damage, hide, harm, or dispose of any companion animal owned or possessed by the petitioner;
  • Authorize the petitioner to remove a companion animal owned by the petitioner from the possession of the respondent;
  • Require a wireless service transfer in accordance with sections 3113.45 to 3113.459 of the Revised Code.

Protection Order Violation Penalties

Under Ohio Revised Code § 2919.27, a person who recklessly violates the terms of any protection order issued or consent agreement approved pursuant to Ohio state law, a protection order issued pursuant to Ohio state law, or a protection order issued by a court of another state commits the crime of violating a protection order. This crime is generally a first-degree misdemeanor punishable by up to 180 days in jail and/or fine of up to $1,000.

If the alleged offender was previously convicted of, pleaded guilty to, or adjudicated a delinquent child for a violation of a protection order issued or consent agreement; two or more violations of Ohio Revised Code § 2903.21, 2903.211, 2903.22, or 2911.211, or any combination of those offenses, that involved the same person who is the subject of the protection order or consent agreement; or one or more violations of Ohio Revised Code § 2919.27, violating a protection order is a fifth-degree felony punishable by six to 12 months in prison and/or fine of up to $2,500.

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 punishable by nine months to five years in prison and/or fine of up to $10,000.

If the protection order violated by the alleged offender was an order issued pursuant to Ohio Revised Code § 2151.34 or 2903.214 that required electronic monitoring of the offender pursuant to that section, the court may require in addition to any other sentence imposed upon the offender that the offender be electronically monitored for a period not exceeding five years by a law enforcement agency designated by the court.

Columbus, OH Protection Order Hearings Resources

Guide to Protection Orders | Columbus City Attorney — Visit this website to learn about the difference between protection orders and civil protection orders. You can also learn about the Domestic Violence Temporary Protection Order (DVTPO) and Criminal Protection Order (CRPO). You can find answers to many other frequently asked questions.

Protection Orders in Franklin County | Franklin County Clerk of Courts — View information about the different protection orders issued in Franklin County. You can learn more about the • Civil Protection Order (CPO), Temporary Protection Order (TPO), and Civil Stalking Protection Order (CSPO). You can also find information about Civil Sexually Oriented Offense Protection Order (CSOOPOs) and Juvenile Protection Orders (JPOs).

Franklin County Court of Common Pleas Division of Domestic Relations and Juvenile Branch (FCDJC) | Civil Protection Orders / Juvenile Protection Orders — On this website, you can get a better understanding of the court process relating to protection orders in Franklin County. The website describes the process of applying for a protection order and also the hearing process. You can also find Domestic Violence Civil Protection Order Forms, Juvenile Protection Orders, Child Support Forms, and Domestic Court Forms.

Contact a Columbus Protection Order Hearings Defense Lawyer Today

Were you arrested for allegedly violating a protection order or have you been served with a protection order in the Columbus area? You will want to contact Sabol | Mallory right away.

Our firm can work to help you achieve an outcome to your case that results in the fewest possible consequences. We can discuss your rights as soon as you call (614) 300-5088 or contact us online to schedule a free consultation.

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