Protection Order Hearings (Respondents)
Many domestic crimes charges in Ohio can result in a protection order, also known as a civil protection order, CPO, or restraining order, against the alleged offender. Protection orders are often issued after the court has heard testimony from one side and may sometimes arise from false allegations. If a temporary protection order has been issued against you, it is important to hire a criminal defense attorney to fight the allegations against you and represent you at your protection order hearing. You may have been wrongfully accused, or may have not done an act that warranted a protection order. No matter the reason for the protection order, if it is made final, you will be required to follow the injunctions in a protection order and can face criminal charges any of the injunctions are violated.
Columbus Protection Order Hearing Attorney
If you have served with a protection order in Franklin County, Ohio, contact the Joslyn Law Firm to discuss the facts of your particular situation. Brian Joslyn of the Joslyn Law Firm is an experienced lawyer and knowledgeable in all areas of Ohio’s domestic violence laws. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation today if you have been served with a protection order in Columbus and the surrounding areas of Ohio.
Protection Order Terminology
Common domestic violence hearing and protection order terms to know include the following:
- , or complainant,is the person who has filed for the protection order, or the alleged victim.
- , or defendant,is the person who the protection order was filed against, or the alleged offender.
- is an order prohibiting you from doing something, or requiring you to do something.
- is also commonly known as a restraining order.
The Protection Order Hearing Process
According to the section 2919.26 of the Ohio Revised Code, a petitioner may file a motion for a temporary protection order upon a showing of domestic violence, which may be made final upon a full hearing under Ohio Rev. Code § 3113.31. If the court has issued a temporary protection order for allegations of domestic violence or other violent crimes, a hearing will be held in the presence of the alleged offender as soon as possible after the issuance of the order to determine if the order should be made final, revoked or modified. Before the hearing, the alleged offender will receive notice of the hearing. If the alleged offender does not receive notice, the hearing will be rescheduled. It is imperative you hire an attorney to represent you at the protective order hearing. If the order is made final, you will be required to obey the injunctions in the order, which could have lasting consequences on your daily life.
Common Injunctions in a Final Protection Order
If the protection order against you is made final after your hearing, you may be subjected to a variety of injunctions, including, but not limited to the following:
- A restraint against committing any act of domestic violence, which is defined as committing any of the following acts against a family or household member:
- Attempting to cause or recklessly causing bodily injury
- Placing another person in fear of serious physical harm by a threat of force
- Committing any act against a child that would result in the child being abused
- Committing a sexually oriented offense
- Requirement to refrain from entering the residence of the alleged victim
- Requirement to refrain from entering the school of the alleged victim
- Requirement to refrain from entering the business of the alleged victim
- Requirement to refrain entering the place of employment of the alleged victim
- Prohibition from possessing or purchasing a firearm or ammunition
- Ordered to vacate your household or residence
- Temporarily give parental rights to the alleged victim
- Required counseling
- Ordered to give financial support to the alleged victim or other family or household members
Final Protection Order Consequences
If a protection order is made final against you, it can lead to both civil and criminal repercussions. For example, the protective order will be effective in all counties in Ohio and in all 50 states and will remain in effect until it is modified or revoked. Criminal consequences for violating a protection order in Ohio can include charges for a misdemeanor of the first degree, felony of the fifth degree or felony of the third degree depending on the number of prior injction violations. Additionally, the court could hold a person who violates protection order injunction to be in contempt of court. A protection order could also negatively impact employment, admissions to schools or further education, applications for housing, scholarship applications, certain financial aid and anything that requires a background check, as the protection order is a public document.
Joslyn Law Firm | Columbus Protection Order Hearing Lawyer
If a protection order against violence has been filed against you in Columbus, Ohio, contact Brian Joslyn of the Joslyn Law Firm to discuss the particular facts of your case. Brian Joslyn is an experienced Columbus domestic violence attorney and will make every effort to help you avoid the most serious penalties and consequences arising from a protection order violation. Call the Joslyn Law Firm at (614) 444-1900 for a free consultation about your protection order for domestic violence allegations in Franklin County and the surrounding counties, including Licking County, Delaware County, Fairfield County, Pickaway County, and Madison County in Ohio.