CHAPTER 3 Protection Orders in Ohio

1 CHAPTER 3. Protection Orders in Ohio april 2014. Protection Orders OVERVIEW CARD. JURISDICTION, LENGTH. TYPE OF order FOR WHOM? VENUE & STANDARD OF OF order , OBJECTIONS. PROOF & VIOLATION. Domestic violence, Common Pleas Court In effect for a specified DV Civil menacing by stalking, Juvenile division if time up to 5 years and Protection order aggravated trespass, respondent is under 18 may be renewed (DV CPO) child abuse or sexually years old In effect for a specified oriented offense Common Pleas Court time not to exceed DV Juvenile Civil committed by an adult Domestic Relations the respondent's 19th Protection order or juvenile who is a division if respondent is birthday, if respondent (DV JCPO) household member 18 years or older was a minor at the time Criminal charges not Ex Parte order may of issuance required be solely signed by a Objections may be filed Custody and support magistrate per after issuance of final issues may be addressed appealable order per Person may seek relief Hearing within 7 or 10 on the person's own court days if Ex Parte Criminal violation behalf order issued.

2 Depending under Any parent or adult if respondent is ordered Contempt of court household member may to vacate or is evicted under seek relief on behalf from residence Adjudicated a of any other family or Normal civil action if no delinquent child under household member Ex Parte order is issued or requested Venue: Where petitioner currently or temporarily resides Standard of proof: Preponderance of the evidence Felonious assault, Common Pleas Court In effect for a specified Juvenile Civil aggravated assault, Juvenile Division if time not to exceed Protection order assault, aggravated respondent is under 18 the respondent's 19th (JCPO) menacing, menacing years old birthday by stalking, menacing, Ex Parte order may Objections may be filed aggravated trespass, be solely signed by a after issuance of final and sexually oriented magistrate per appealable order per offense committed by a juvenile Hearing within 10 Criminal violation Criminal charges not court days if Ex Parte under required order issued Contempt of court Any person on behalf of Normal civil action if no under that person Ex Parte order is issued Adjudicated a Any parent or adult or requested delinquent child under family or household Venue: Where member may seek relief petitioner resides on behalf of any other Standard of proof.

3 Family or household Preponderance of member the evidence; clear Any person who the and convincing for court deems as an electronic monitoring appropriate person may requests seek relief on behalf of a child CHAPTER 3: 3. Protection Orders OVERVIEW CARD. JURISDICTION, LENGTH. TYPE OF order FOR WHOM? VENUE & STANDARD OF order . OF PROOF & VIOLATION. Menacing by stalking Common Pleas Court if In effect for a specified or victims of a sexually respondent is 18 years time up to 5 years and Civil Stalking oriented offense old or older may be renewed Protection order Criminal charges not Ex Parte order may Objections may be filed required be solely signed by a after issuance of final or Person may seek relief magistrate per appealable order per on the person's own Civil Sexually Oriented behalf Hearing within 10 Criminal violation Offense Any parent or adult court days if Ex Parte under Protection order household member may order is issued.

4 Normal Contempt of court (CSPO or CSOOPO) seek relief on behalf civil action if no Ex Parte under of any other family or order is issued household member Normal civil action if no Ex Parte order is issued or requested Venue: Where petitioner currently or temporarily resides Criminal charges of Municipal or County In effect for the domestic violence, Court (generally) or duration of criminal DV temporary stalking, criminal Common Pleas Court case or until a DV CPO. Protection order damaging or General division ( ) is issued (DV TPO) endangering, criminal Venue: Court that arising out of the same mischief, burglary, has jurisdiction over activities aggravated trespass, criminal case Criminal violation sexually oriented under offense or any offense of violence ( ) against a family or household member Either misdemeanor or felony charge Criminal charges Municipal or County In effect for the of felonious assault, Court (generally) or duration of criminal Criminal aggravated assault, Common Pleas Court case or until CSPO.

5 Protection order assault, aggravated General division or CSOOPO ( (CrPO) menacing, menacing Venue: Court that ) is issued by stalking, aggravated has jurisdiction over arising out of the same trespass, menacing criminal case activities or sexually oriented Criminal violation offense against someone under who is NOT a family or household member Excludes DV and offenses of violence against family or household member Either misdemeanor or felony charge Protection order Forms: For technical assistance on Protection order forms and related matters, contact the Domestic Violence Program at Forms may be found at: CHAPTER 3: 4. DOMESTIC VIOLENCE CIVIL. Protection order . Respondent 18 Years or Older COURT OF COMMON PLEAS, DOMESTIC RELATIONS DIVISION.

6 ISSUANCE CHECKLIST. Jurisdiction and Venue [ (A)(2) and 3(B)]. Domestic Relations Division when parties are family or household members Proper venue lies in counties with connection to the parties or allegation: Where Petitioner resides or temporarily resides Where Respondent resides Where Incident(s) occurred Who May Seek Relief? [ (C)]. Person may seek relief for the person Any parent or adult household member may seek relief on behalf of any other family or household member Victim Advocate Participation [ (M)]. Petitioner may be accompanied by a victim advocate Family or Household Member Relationship [ (A)(3)-(4)]. Establish the family or household member relationship to provide relief through Domestic Violence Civil Protection order (DV CPO).

7 A person who is residing or has resided at some point in the past with the Respondent Spouse Former spouse Foster parent Child Another person related by consanguinity or affinity to the Respondent CHAPTER 3: 5. Person living as a spouse with the Respondent Cohabiting or cohabited within 5 years prior to the incident See, , State v. McClothan, 2014-Ohio-85. Common law marriage until October 1, 1999. Including same sex relationship See, , State v. Carswell, 114 Ohio 2010 (2007), 2007-Ohio-3723. Sharing of familial or financial responsibilities and consortium See, , State v. William, 79 Ohio 459 (1997). A person who never resided with the Respondent Petitioner is the natural parent of any child of whom the Respondent is the other natural parent or is the putative other natural parent Putative other natural parent does not require a parentage determination to meet the family or household member definition Covered Offenses [ (A)(1)].

8 Attempting to cause or recklessly causing bodily injury Placing another in fear of imminent serious physical harm Menacing by stalking [ ]. Pattern of conduct of two or more actions or incidents closely related in time Knowingly caused or would cause the Petitioner physical harm or mental distress Aggravated trespass [ ]. Abused child [ ]. Sexually oriented offense [ ]. Special Statutory Proceeding [ (A)]. Declare Protection order proceedings special statutory proceedings Supersede and make inapplicable provisions of the rules of civil procedures that are inconsistent with Ex Parte order [ (D)]. Hearing on the same day petition was filed Magistrate may conduct hearing and grant or deny the order without judicial approval [Civ.]

9 R. (F)(2)]. Magistrate denial or granting of the order not subject to 53(D)(2) or (3). Effective upon magistrate's signature and filing with clerk of court order signed by magistrate has same effect as if entered by the court order signed and approved by the court is not subject to 53(D)(4). CHAPTER 3: 6. order valid until a date certain Ex Parte order is not a final appealable order order does not terminate due to lack of service or continuance granted Modify Ex Parte order termination date, if continuance granted Indicate Modification of Previous Form on Form 10-A, and file with law enforcement for entry into National Crime Information Center (NCIC) Protection order database file, if continuance granted Ground for Continuance [ (D)(2)(a)].

10 Failure of service Allow either party to obtain counsel Parties consent to continuance Other good cause Discovery [ (D)]. Complete prior to the full hearing May grant continuance, if it promotes fair and just administration of justice Conduct only with leave of court Discovery order Time and place Identity of those to be present and may include victim advocate Other terms and condition to ensure Petitioner's safety, including address confidentiality Burden of Proof Preponderance of the evidence See, , Felton v. Felton, 79 Ohio 34 (1997). Modification of DV CPO [ (E)(8)(b)]. Preponderance of the evidence Full Hearing order [ (D)]. Hearing must be held 7 court days if Ex Parte order includes order to vacate or evict 10 court days if Ex Parte order does not include order to vacate or evict Normal civil action if Ex Parte order not granted Magistrate may conduct hearing and grant or deny the Protection order [Civ.]