In a Civil Domestic Violence Case
Petition for a Civil Protection Order ("CPO") is the document a domestic violence victim, the victim’s parent or an adult household member of the victim must file with the domestic relations court to obtain a civil protection order against an alleged domestic violence offender.
An Ex parte CPO is an emergency order the court issues in response to the Petition for a Civil Protection Order after an ex parte hearing. The ex parte hearing is described in Form 10.01-A, Side 2.
A Full Hearing CPO is the final order the court issues after a full hearing. The full hearing is described in Form 10.01-A, Side 2. The Full Hearing CPO replaces the ex parte CPO.
A petitioner is the person asking or "petitioning" the court for protection. By filing the petition for a CPO, you are the petitioner.
A respondent is the alleged domestic violence offender, and petitioner seeks protection from the respondent by filing for a CPO.
In a Criminal Domestic Violence Case
Motion for a Temporary Protection Order ("TPO") is the document that must be filed in a criminal case if a victim of domestic violence wishes to obtain a protection order against an alleged domestic violence offender. The criminal case must allege the offender committed domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, or aggravated trespass against a family or household member.
A TPO is the order the court issues in response to the Motion for Temporary Protection Order. The TPO requires the domestic violence offender to stop abusing and to stay away from the victim(s) named in the Motion for Temporary Protection Order. A TPO expires when the alleged domestic violence offender’s criminal case ends or when a new CPO is issued based on the same incident(s) of domestic violence.
An alleged victim is the person asking the court for protection in the motion for a criminal TPO. You are the alleged victim.
A defendant is the person the Motion for a TPO is filed against. The defendant is the person accused of the crimes of domestic violence, felonious assault, aggravated assault, assault, menacing by stalking, or aggravated trespass against a family or household member.
There is no fee for filing the Petition for a CPO form.
Under Federal Law the victim cannot be charged any fees in connection with the prosecution of any misdemeanor or felony domestic violence offense. 42 USC 3796.
Under Federal Law the victim cannot be charged any fees in connection with filing, issuance, registration, or service of a protection order or a petition for a protection order. 42 USC 3796.
Under Federal Law the victim cannot be charged any fees in connection with the filing of criminal charges against the abuser, or the costs associated with the filing, issuance, registration, or service of a warrant, protection order, petition for a protection order, or witness subpoena, whether issued inside or outside the state, tribal, or local jurisdiction. 42 USC 3796.
Civil Protection Orders
A CPO is issued by a domestic relations court to protect a victim of domestic violence. A CPO is intended to prevent further domestic violence. It orders someone who has been abusive to do or not do certain things in the future. You may want to consider getting a CPO even if you have a TPO from a criminal court because a CPO lasts longer and provides more benefits, such as child custody and support orders.
Violating a CPO is a crime. If the respondent violates the CPO, he or she may be arrested, jailed, and fined for disobeying the CPO. A CPO can remain in effect for up to 5 years. If the respondent violates the CPO, you can call the police, go back to the domestic relations court to file a contempt charge, and go to the prosecutor’s office to have the respondent charged with the crime of violating the CPO.
Why get a Civil Protection Order?
If you are a victim of domestic violence, a CPO may help you. Once domestic violence starts, the violence often happens more often and gets increasingly severe. A CPO may stop this cycle of violence because the court orders the respondent to stop hurting or threatening you and your family or household members. A court can use a CPO to order the respondent to stay away from you for up to 5 years. A CPO can give you time to "sort things out" and decide what you want to do next without having to be afraid all of the time. If your children have seen domestic violence, a CPO may give all of you a chance to get some help so that you and your children are safe.
Domestic violence is a crime. A CPO tells the respondent you and the court are serious about requiring the Respondent to stop his or her abusive behavior and not to hurt or threaten you again.
A CPO sets some "rules" that the respondent must obey while the CPO is in effect. These rules may require the respondent to pay child or spousal support; give up possession of a home or car; and/or obey the court’s orders about visitation.
A CPO issued by a domestic relations court may last longer than a TPO issued by a criminal court and can provide more kinds of help. You should know that if you get a CPO, the TPO from criminal court will end although the criminal case will continue.
Court Hearing for CPO
There are 2 hearings involved in a CPO case the ex parte hearing and the full hearing.
Ex Parte Hearing
At this hearing only you are present. The respondent is not present. If a petition for a CPO is filed early enough in the day, an ex parte hearing is held that same day. If the petition for a CPO is filed too late in the day, a hearing is scheduled for the following business day. At the ex parte hearing, you take an oath to tell the truth and a judge or magistrate hears your statement of what happened. If the judge or magistrate finds that the events you described meet the requirements of the law, the court will issue an Ex Parte CPO and schedule a full hearing. If the respondent is asked to vacate the home in which you live, there will be a full hearing within 7 days. Otherwise, a full hearing will be set within 10 days.
The full hearing is the final hearing. At this hearing, both you and the respondent can testify. You must be present at the full hearing. You should bring any witnesses who can support your case. If the court issues a Full Hearing CPO, the court files the CPO with the clerk of court. The clerk serves the appropriate parties with certified copies of the CPO. The CPO remains in force until the date indicated in the CPO, with 5 years being the maximum. The court cannot hold a full hearing until the respondent has been served with the Ex Parte CPO. You may need to fill out forms for the clerk of courts to cause service.
If the respondent does not show up for the full hearing, you can still obtain a final CPO. However, if the respondent is not served with the Ex Parte CPO before the full hearing, the court postpones the full hearing until the respondent is served. If the full hearing is postponed, the Ex Parte CPO remains in effect until the full hearing is held.
Feel free to bring an advocate with you to the ex parte and full hearings for support. Some domestic violence shelters can provide advocates to go with you to these hearings. Contact your local domestic violence program or the Ohio Domestic Violence Network at 800-934-9840 for program and shelter information.
Criminal Temporary Protection Orders
Your local criminal court grants a TPO. You ask the court for a TPO when a criminal complaint is filed alleging someone has committed a domestic violence crime against you. The TPO orders someone who has abused you to do or stop doing certain things in the future. Violating a TPO is a crime. If the defendant violates the TPO, the defendant may be arrested, jailed, and fined for disobeying the TPO. Violating a TPO is also a reason for the court to revoke the defendant’s bail. A TPO lasts only until the criminal case is ended by a plea, a conviction, or a dismissal of charges, or a CPO is issued by a domestic relations court.