Being arrested for domestic violence not only results in spending the night or the weekend locked up in jail, but it could also result in being subject to a protective order, which is also known as a restraining order. Such an order directs an alleged abuser from contacting or visiting the alleged victim and his/her family members or any place these parties commonly frequent, as well as award child custody and even require counseling.
There are two main types of protective orders in Ohio: temporary protection (ex parte) orders and civil protection orders (CPOs).
Temporary Ex Parte Protection Orders
This type of protection order can be granted the same day an alleged victim files his/her petition to obtain immediate protection. As long there is “good cause” that a person is in “immediate danger” of domestic violence, a judge can grant a temporary ex parte order.
Common examples of being in immediate danger include being threatened with physical or sexual harm and if the alleged abuser has a prior domestic violence conviction on his criminal record. The temporary order is valid until the civil protection hearing is held, which is often within seven (7) to ten (10) days.
Civil Protection Order (CPOs)
This type of order is issued after the conclusion of a hearing, where both parties have a chance to present their case and evidence. A CPO is valid for up to five years.
However, if an alleged abuser is under 18 years of age, then the CPO will last until his/her 19th birthday. In addition, if the CPO contains a provision regarding temporary custody/visitation and/or a child support order, then those conditions end early if both parents file for either divorce or legal separation.
If you or a loved one has been accused of domestic violence and wish to defend yourself in the civil protection order hearing, contact Hartwing Law, LLC today at (330) 899-4446 for a free consultation. Get more than 25 years of trial-tested experience on your side.