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.
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.
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 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:
● Felonious Assault
● Aggravated Assault
● Menacing by Stalking
● Aggravated Trespass
● Criminal Damaging/Endangering
● Criminal Mischief
● 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.
Consequences for protection order violations will depend on the classification of the criminal offense. Ohio crimes are punishable as follows:
● First-Degree Misdemeanor — Up to 180 days in jail and/or a fine of up to $1,000
● Fifth-Degree Felony — Up to one year in prison and/or a fine of up to $2,500
● Third-Degree Felony — Up to five years in prison and/or a fine of up to $10,000
Ohio Revised Code § 2919.27(B)(5) further provides that if a protection order violated by an alleged offender was an order issued pursuant to Ohio Revised Code § 2151.34 or Ohio Revised Code § 2903.214 that required electronic monitoring of the alleged offender, the court can require in addition to any other sentence imposed upon the alleged offender that the alleged offender be electronically monitored for a period of up to five years by a law enforcement agency designated by the court. If the court requires that the alleged offender be electronically monitored, unless the court determines that the offender is indigent, the court shall order that the offender pay the costs of the installation of the electronic monitoring device and the cost of monitoring the electronic monitoring device.
In addition to the penalties listed above, a protection order violation could have a number of other adverse consequences for an alleged offender. People could have problems maintaining their current employment, there could be licensing issues with certain professions, and there could be considerable difficulty in obtaining employment or housing in the future. Furthermore, some alleged offenders also need to understand the tremendous risks that convictions could carry for immigration and naturalization proceedings.
Guide to Protection Orders — Visit this section of the City of Columbus website to learn more about protection orders, including what they are, how they are different, and who can get them. You can also learn more about whether you have to come to the Arraignment Court Hearing, what the Domestic Violence Unit is, and what kind of bond will be set in a case. There is also information about whether children are included in Criminal Protection Orders, what to do when there is a violation of a protection order, and what a subpoena means.
Self-Help Legal Manual - Ohio Domestic Violence Network — View this PDF from the Ohio Domestic Violence Network (ODVN), Ohio Poverty Law Center, and Ohio Alliance to End Sexual Violence. There is information about the types of protection orders, how protection orders can help, and enforcement of protection orders. You can also learn more about the protection order process, housing assistance and Violence Against Women Act of 1994 (VAWA) protection for tenants, and school and Title IX protections.
Have you been charged in Columbus with allegedly violating the terms of a protection order? You must not wait another second to find yourself legal representation so you can have the best chance of fighting the serious criminal charges.
Prosecutors will relentlessly pursue maximum penalties for these violations, but Sabol | Mallory can defend you against the charges and may be able to get them completely thrown out in some cases. Call (614) 300-5088 or contact us online right now to have us review your case during a free consultation.