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Delaware County Civil Protection Order Attorney

Protection orders or CPOs can be the result of complicated and emotionally charged situations that tend to involve loved ones or close friends and family. These situations tend to spiral even more when allegations of breaking a protection order come into play as many judges tend to err on the side of the victim, even when the victim is using the protection order as a weapon against the defendant. These situations can escalate quickly, and many individuals who have a protection order placed on them just want to voice their concerns and their side of the story. 

In Ohio, protective orders are also commonly known as restraining orders. They were designed and intended to protect an alleged victim from an individual who may intend to either harm or harass the alleged victim. Over time it has become increasingly popular for alleged victims to obtain a restraining order and use it as a weapon against the individual. In many cases, both sides misinterpret the guidelines and regulations of how to properly follow a restraining order, which can lead to a lot of damage being done at the alleged offender’s expense. Violating a civil protective order in Delaware County is not only a serious offense, it can result in some hefty fines, huge penalties, and even jail time. An experienced attorney who is well versed in the Ohio domestic violence laws will ensure that all the rights of the alleged offender are protected, as well as fight for the most favorable outcome. The skilled and knowledgeable Delaware County defense attorneys at Joslyn Criminal Defense Law Firm will do all these things for their clients and much more. We will fight to resolve all aspects of your alleged protection order violation in the most favorable way for our client. We always offer free case consultations to our first-time clients. To learn more about how we protect the rights of our clients, contact us today at 614-444-1900. 

Types Of Protection Orders In Delaware County, OH

There are three main types of protection orders issued in Delaware County and the rest of Ohio. They are issued for many different reasons, but they all have the same premise; to protect an alleged victim from being harassed or injured by an alleged offender. Here is a breakdown of the three types of protection orders that can be issued in Delaware County:

• Temporary Protection Order

  In domestic violence cases, as well as other types of cases, the alleged victim may seek a TPO (temporary protection order) until the case is resolved. This type of protection order comes directly from the court and the alleged offender is prohibited from making any contact with the alleged victim, their family, or their pets. TPO’s can include schools, public places, places of employment, etc. A TPO will also prohibit the alleged offender from being able to use any type of weapons such as firearms, knives, or any other weapon that can be used to injure a person. When a TPO is violated it is considered a criminal offense and carries hefty penalties. The violation of a TPO can result in the alleged offender having to remain in custody until the case is settled. 

• Criminal Protection Orders

  This type of protection order is issued by a criminal court as a response to a committed crime such as domestic assault. This is meant to be an anti-stalking protection order and is intended to protect the alleged victim from being followed or non-physically harassed. Any violation of the terms set in a criminal protection order will result in serious if not life-altering consequences. This is why it is recommended to have a Delaware County criminal defense attorney, like the ones at Joslyn Criminal Defense Law Firm, by the side of any alleged offender. 

• Civil Protection Order

  Ohio Revised Code Section 3113.31 allows alleged victims of domestic violence to seek a civil protection order. This provides legal protections to prevent violence from occurring within a family unit. The alleged harm or threat of injury must be committed by a family or household member to receive a CPO. An attorney is not required to file for a CPO, and any violation of the order is a civil offense. 

Any time an alleged victim files for a TPO or CPO they are trying to demonstrate that they have reason to believe they should be in fear. Therefore the court tends to take them more seriously. These orders can complicate the alleged offender’s defense because any evidence entered in the civil case can compromise criminal procedure. That is why it is absolutely necessary for the alleged offender to obtain a criminal defense lawyer to represent them in all aspects of court procedure. 

 

How To Lift A Protection Order

In some cases, protection orders are obtained in order to manipulate the alleged offender. We have seen cases where an individual wanted to leave a relationship but did not want to split their residence or belongings. A protective order will prevent the alleged offender from being able to lay claim to either of these things. Many parents who are in an emotional child custody battle have filed for protection orders against each other so that they may have some extra leverage in court. These are all ways that emotions and revenge can taint what a protection order is intended to do. They are not intended to be used as a weapon, they are intended to protect someone who is truly suffering from domestic violence. 

Here is a process that an alleged offender can follow to ask for their protection order to be lifted if the morality behind the purpose of obtaining the protection order is tainted. 

In most cases, either the alleged victim or the alleged offender can request the court lift the protection order. A criminal defense attorney can help the alleged offender file a motion with the court such as a Motion to Modify Conditions of Pretrial Release or a Motion to Life Restraining Order. It’s important that this legal motion almost always requires both parties to be involved. If the victim agrees with lifting the protection order, the motion would state the fact that the alleged victim either:

• Requested to lift the protection order themselves
• Wishes to have contact with the alleged offender
• Is not afraid of the alleged offender, and does not anticipate any violence

It’s also important to have the type of contact requested by both parties documented in the motion. 

If a victim does not want the protection order lifted, then the alleged offender needs to prove that there is no reason for the protection order. They can do this by:

• Proof of good behavior (witness statements, lack of criminal history, etc)
• Proving they have not violated any aspect of the protection order
• Any evidence that proves the protection order is unnecessary

For a protection order to be lifted, a judge must go over the motion and decide whether or not dropping the protection order is a good idea. The alleged victim and alleged offender are often present at these CPO hearings, and they can offer testimonies. The alleged victim’s attorney or the prosecutor has the ability to cross-examine the victim. 

How Joslyn Criminal Defense Attorneys Can Help You

Over 15,000 criminal cases have been handled by our firm, and we consistently rank as one of Ohio’s top defense firms. Our firm represents clients throughout central Ohio including Columbus, OH, and all of the surrounding areas. In handling these cases, prosecutors and judges approach them differently depending on the circumstances. As a result, we are aware of what to expect and what to do to achieve the best possible result.

The experienced criminal defense lawyers of Joslyn Criminal Defense Law Firm in Columbus can help you if you have been accused of violating a Delaware County protection order or are being held in contempt for that reason. We will strive to minimize the effects of a violation of a protection order on your life, as well as resolve it as efficiently and effectively as possible.

Call (614) 444-1900 today for your free consultation on what Joslyn Criminal Defense Law Firm can do for your alleged violation of protection order case. We practice across Ohio including in Fairfield County, Franklin County, Licking County, Pickaway County, Madison County and nearby areas.

See What Our Clients Have To Say About Us:

“I had the privilege of having Brian Josyln as my attorney for a wrongful civil protection order that was brought up against me. The stress and anxiety that can come from being wrongfully accused can be scary and intense. Brian and his paralegal, were not only my advocates but they made it their job to protect me. In the past I have had unpleasent experiences with attorneys. Brian and his firm have held up an unprecedented representation not only that good attorneys do in fact exist but that they are not all focused on monitary priorities. They actually care about you..their client. Thank you Brian for being the first reputable, caring attorney in my life.”

Amy M.
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Delaware County Civil Protection Order Frequently Asked Questions

1. What is the difference between a CPO and a restraining order in Ohio?

   • Restraining orders can be issued after a criminal offense is committed. The prosecutor can place on the defendant. A CPO is a civil filing through the Clerk of Courts. 

2. Where do I go to obtain a civil protection order in Delaware County?

   • You must apply for one in person through the Delaware County Clerk of Courts or you can fill out a CPO application through the Supreme Court of Ohio website. 

3. What should I bring to my civil protection order hearing?

   • All the evidence you can get your hands on. Photos, hospital records, and text messages. Make sure any messages are printed out as a physical copy. The judge will not go through your phone to view the evidence. 

4. How long does a civil protection order last in Ohio?

   1. When a full CPO is issued it can last for up to 5 years, but that is determined by a judge. It can be renewed, but it is hard to prove domestic abuse after 5 years of no contact. 

5. What Is a Civil Protection Order (CPO)? 

   • Domestic violence or the threat of domestic violence can be protected against by a civil protection order. When an individual provides proof of this they can obtain a CPO. 

6. Who can apply for a CPO?

   • To obtain a CPO the petitioner must either live in the home with the respondent or be a family member. Household members and family members are considered to be:
     • Spouses
     • Former spouses
     • Persons living together as spouses or otherwise cohabiting
       • Includes same-sex couples
       • Includes roommates
     • Persons who have children together
     • Parents, children, or anyone else who is related by marriage or biologically who is currently living with the respondent or previously lived together. 
   • If you do not fall into one of these categories,  and you are being harmed, threatened, or stalked you may qualify for a Civil Stalking Order. 

7. What do I need to obtain a CPO against someone?

   • Evidence of domestic violence or the threat of domestic violence must be presented to obtain a CPO. Under Ohio law, domestic violence is defined as any act or conduct that threatens or physically harms a household member. Ohio defines domestic abuse as:
     • Physical violence
     • Threats
     • Intimidation
     • Emotional Abuse
     • Sexual Abuse

8. Can My CPO protect others in my house, including my pets?

   • Yes, other family or household members can be named in the CPO. And a CPO can include protection over any dogs, cats, or other companion animals. 

9. What is the fee to file for a CPO?

   • There is no fee or payment needed to file for a CPO. 

10. What happens after I file for a CPO?

    • After a CPO is filed, there will be two hearings. The Ex Parte hearing happens directly after the petition for a CPO is filed. The court will review the petition and listen to any presentation the petitioner has. Then they will decide if the CPO is warranted. If it is then they will issue an Ex Parte CPO. This will remain in place until the date of the full hearing. The full hearing will allow both sides to state their opinions and any evidence they have. This will then be taken into consideration and the court will determine if the CPO should stay in place. 

11. What does a CPO prohibit the respondent from doing?

    • A CPO can prohibit the respondent from doing certain things such as:
      • Entering the shared residence
      • Having keys or garage door openers for residence
      • Going to the residence, school, place of business or employment, daycare center, or anywhere else a protected person may be.
      • Coming within 500 feet of the petitioner
      • Calling, texting, emailing, or direct messaging the petitioner
      • Have access to shared vehicles
      • Asking another individual to relay information or messages to the petitioner
      • Removing, damaging, hiding, or throwing away any property or pets jointly owned
      • Possessing or carrying a firearm or weapon
      • Having parental rights and responsibilities

12. How long does a full CPO last?

    • How long a CPO is issued for is determined by the court. If a long-term CPO is issued then it can remain in place for up to 5 years. 

13. Can I get rid of a CPO I filed for?

    • A petitioner can request to have a CPO they filed for nullified. But the ultimate determining factor will be the courts. If the changes are accepted, they will nullify the CPO. They don’t always do this. 

14. Can I dismiss or modify a CPO against me?

    • Yes, but that will not immediately dismiss the CPO against you. The courts will determine whether or not to dismiss the CPO against you once they have reviewed your request. They are not always approved. 

15. Is it possible to appeal the results of a full CPO hearing?

    • The guidelines and due dates for appeals on CPOs are strict. Therefore it is recommended to obtain legal representation to make sure all the proper evidence is submitted on time. 

16. Do I need an attorney for either side of a CPO case?

    • No, although it is recommended. This is because even if you choose against legal representation you will still be held to the same standards as a lawyer when participating in court procedures. 

17. What happens when the petitioner doesn’t show up to court dates?

    • When the petitioner doesn’t show up to court one of two things can happen. 
      1. The motion may be denied
      2. The hearing may be rescheduled if they have a valid reason as to why they were not available to appear in court. IE family emergency, medical emergency, etc. 

18. What happens when the respondent doesn’t show up to court dates?

    • The judge will most likely grant a CPO if the respondent does not appear in court. You will have a better chance of having it dismissed if you show up and plead your case. 

19. What to do after being served with a CPO?

    • Gather all the evidence you can to refute the claims, as well as read the CPO instructions very carefully. Any violation of the guidelines and instructions on the CPO could lead to hefty fines and even jail time, even if it was a mistake. An attorney will know exactly what is needed, what is allowed, and what is prohibited and they will help you gather evidence as well as inform you of what you can and can’t do. 

20. Is my 2nd Amendment right taken away when served with a CPO?

    • Yes. Any individual that has been issued a CPO cannot obtain or carry any firearm or deadly weapon.  

21. Will a CPO show up on job applications?

    • In some cases, yes. The National Instant Criminal Background Check System sends information submitted by the court to a system that is used by police forces, government agencies, and some background check agencies. Therefore the CPO can show up when applying for a job on a background check. In some cases, the Court of Clerks will post the CPO issuance on their website. 

22. Can I file a petition for a CPO against someone who is under 18 years old?

    • The juvenile court system can issue a juvenile protection order to any individual under 18 years of age. 

Civil Protection Orders in Delaware County Explained by Brian Joslyn (Video)

 

Delaware County Civil Protection Order Resources

Court Proceedings

https://commonpleas.co.delaware.oh.us/court-dockets/

General Court Info

https://www.co.delaware.oh.us/court/domestic/index.php?option=com_content&view=article&id=110&Itemid=466

Supreme Court of Ohio Domestic Violence Program & Civil Protection Order Applications

https://www.supremecourt.ohio.gov/JCS/domesticViolence/default.asp

Civil Protection Order Guidelines In Ohio

https://www.supremecourt.ohio.gov/JCS/domesticViolence/protection_forms/DVForms/default.asp