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Fairfield County Civil Protection Order Attorney

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Fairfield County Civil Protection Order Attorney

Protective orders, otherwise known as restraining orders, are a result of intricate and convoluted scenarios that involve loved ones or close friends and family. Many judges tend to side with the alleged victim, which in turn gives them the ability to use a protection order as a weapon against the alleged offender. When there are allegations of an individual breaking a protection order the situation can escalate beyond what is necessary, and that is not fair for those who are slapped with a protection order under false pretenses. There can be a lot of misinformation spread around in these circumstances as well, which could lead to the alleged offender unintentionally breaking their protection order. 

In Fairfield County and the rest of Ohio, protection orders were created to protect an alleged victim from intended harm or harassment. Unfortunately, in this day and age, it is becoming increasingly popular to use protection orders to take advantage of others. A huge amount of damage can be done to the alleged offender’s livelihood and their reputation if they are hit with a protection order that was obtained under false pretenses. Violating a protective order in Fairfield County comes with very serious consequences, and sometimes the rules and guidelines set forth by them can be misinterpreted. Large fines and even jail time can be consequences of unintentionally breaking a protective order. 

Ohio domestic violence laws are strict and very complex, and that is why it is necessary to obtain experienced legal representation. The expert Fairfield County criminal defense attorneys at Joslyn Criminal Defense Law Firm know exactly how to protect the rights of an individual that has been issued a protection order under false pretenses, as well as those who have violated their protection orders.  We will fight to resolve all aspects of any alleged protection order violation in the most favorable way for our clients. Our firm offers free case evaluations, so there is no obligation to us when learning about how we protect our client’s rights. To learn more, contact us today at 614-444-1900.

Fairfield County Protection Order Classifications

In Fairfield County, there are three main classifications of protection orders. A myriad of things can be grounds for a protection order, but all protection orders in Ohio have the same purpose. Protection orders in the state of Ohio are put in place to protect victims from being harassed or harmed by an alleged offender. Here are the three main classifications for protective orders in Fairfield County:

  • Criminal Protection Order – When a crime such as domestic assault is committed, then the court may issue a criminal protection order. CPOs are intended to be used as an anti-stalking measure to help the alleged victim from being harassed or followed. This is issued by a criminal court which means that even the smallest violation of the CPO will result in very serious penalties that could be life-altering. Huge fines and even jail time can be a consequence of violating a protective order. This is why it is imperative for the alleged offender to have a well-versed Fairfield County criminal defense attorney at their side. If not, they could be taken advantage of by the court system and the alleged victim. 
  • Temporary Protection Order – This is the most commonly issued protective order in the state of Ohio. In cases that pertain to domestic violence, the alleged victim may ask for a temporary protection order (TPO) during the course of the case. The judge in the case is the ultimate authority when it comes to TPOs. They may set specific stipulations for the alleged offender to follow in the TPO, but essentially when someone has a TPO against them they are prohibited from contacting the alleged victim, their family, and their pets. This is not just limited to the home and can extend to schools, places of employment, and general public places. Once a TPO is in place, the alleged offender will not be able to use any sort of weapon that can inflict harm such as guns and knives. Due to the TPO coming from a criminal court, any violation of the order is considered a criminal offense and may have significant penalties. In some circumstances, a violation of a TPO can result in the alleged offender being remanded to jail until their case is settled. It is important to note that once the case is settled, the TPO will be dropped. 
  • Civil Protection Order – Alleged victims of domestic violence have the ability to file for a civil protection order under Ohio Revised Code Section 3113.31 to prevent any violence from happening within a family unit. Any alleged harm or threat must be committed by a family or household member in order to file for a civil protection order. It’s important to note that an attorney is not required to file for a civil protection order, therefore they can be filed under false pretenses. This will inevitably alter the alleged offender’s life for the worse, as they are put under a court order for little to no reason. Violating this type of protection order is a civil offense, but it still comes with serious consequences. 

 

Mainly, when an alleged victim applies for a TPO or CPO they are trying to show a pattern of fear. As a direct result, judges and courts side with the alleged victim and take them more seriously than the alleged offender. This will ultimately complicate or tarnish the alleged offender’s defense because any evidence that is entered in a civil case can compromise criminal procedure. The only way to navigate these murky waters while having fully protected rights is to hire a criminal defense lawyer to represent them in and out of court. 

Penalties For Violating A Protection Order In Fairfield County

Unfortunately, when a protection order is violated in Ohio, judges tend to be strict and the least bit sympathetic towards the alleged offender. All penalties that can be applied for violating a protective order are under Ohio Revised Code Section 2919.27 and they are harsh. In most cases, a violation is considered a first-degree misdemeanor, which in Ohio, can come with a maximum penalty of 6 months in prison and up to $1,000 in fines. 

If this isn’t the first time the alleged offender has violated their protection order or has two or more past violations of menacing, stalking, or aggravated trespass then the charge is automatically moved to a fifth-degree felony. This is a huge deal and can be seriously life-altering. Not only can the alleged offender be sentenced to up to 12 months in prison and a $2,500 fine, but they can lose their rights to own a firearm, lose career opportunities, lose their current job, and so much more. If the alleged offender happens to commit a felony in the process of violating their protective order, then they could be charged with a third-degree felony and up to 5 years in prison and up to a $10,000 fine. Again, this is a serious charge that is obviously life-altering as it can result in the alleged offender having to be detained in prison for 5 years. 

A protection order violation can affect many things outside of the courtroom. Some aspects of the alleged offender’s life that can be altered are:

  • Ability to apply for housing
  • Educational opportunities
  • Career opportunities
  • Anything that requires a background check
  • Their right to own firearms
  • Many other aspects of daily life

Any time a protection order is violated, the alleged offender can be arrested on sight and charged with contempt of court. In order to properly handle these violations and charges, obtaining a knowledgeable and dedicated criminal defense lawyer in Fairfield County immediately will help make sure the alleged offender’s rights are fully protected. 

Protective Order Violation Attorneys Near You

Our firm has handled over 15,000 criminal cases, making us one of Ohio’s top defense firms. In addition to Fairfield County, Ohio, and the surrounding areas, we represent clients throughout central Ohio. Depending on the circumstances, prosecutors and judges deal with these cases differently. Therefore, we have an understanding of what to expect and what to do to obtain the best results.

If you have been accused of violating a Fairfield County protection order or have been found in contempt for that reason, the experienced criminal defense lawyers at Joslyn Criminal Defense Law Firm can assist you. A violation of a protection order will be addressed as efficiently and effectively as possible, as well as minimize the effects on your life.

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.

Fairfield County Civil Protection Order Frequently Asked Questions

  1. What is the difference between a CPO and a restraining order in Ohio?
    1. A civil protection order is issued through civil filing. A restraining order is issued by a prosecutor if they are charged with a crime, and the prosecutor deems it necessary. 
  2. Where do I go to obtain a civil protection order in Pickaway County?
    1. To obtain a civil protection order, an individual can apply for one in person at the Fairfield County Clerk of Courts, or they may fill out the application provided on the Ohio Supreme Court website
  3. What should I bring to my civil protection order hearing?
    1. Any evidence you have should be brought to the CPO hearing. This includes physical copies of text or social media messages. Judges will not go through your phone to view the evidence. 
  4. How long does a civil protection order last in Ohio?
    1. If a full CPO is issued, then the judge will ultimately decide how long it will last. A long-term CPO can last for up to 5 years. Renewal is possible, but it is difficult since there will be little evidence of harassment or domestic violence unless the respondent breaks the CPO twice or more.
  5. What Is a Civil Protection Order (CPO)? 
    1. 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?
    1. Petitioners must be family or household members of the respondent to apply for a CPO in Fairfield County or any other county in Ohio.  Household members that can file for a CPO can include but are not limited to:
      • 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. 
    2. No matter whether you fall into one of these categories, if 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?
    1. To have a CPO issued, the petitioner must have evidence of domestic violence against them or the threat of domestic violence against them. 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?
    1. In short, yes. Other family members can be listed on a petition. A household member could be a child, a family member, or someone else in the home. Additionally, CPOs can include pets like dogs, cats, and other companion animals. 
  1. What is the fee to file for a CPO?
    1. There is no fee or payment needed to file for a CPO. 
  2. What happens after I file for a CPO?
    1. Following the filing for a CPO, the process is very straightforward. Upon filing your petition for a CPO, you will be called to an Ex Parte hearing. You will be able to present any evidence you have during this hearing. They will then determine whether a CPO is warranted. Upon issuance of an Ex Parte CPO following an Ex Parte hearing, a court date will be set for a full hearing. Each side may present evidence and state its case at the full hearing. Following this, the judge will decide whether a full CPO is necessary. The respondent will receive a full CPO if that is the case.  
  3. What does a CPO prohibit the respondent from doing?
    1. Respondents can be prevented from doing certain things by a CPO, for example:
      • 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
  4. How long does a full CPO last?
    1. The amount of time a CPO will be in effect for is determined by a judge. But a long-term CPO can be issued for up to 5 years. 
  5. Can I get rid of a CPO I filed for?
    1. Yes, a petitioner can request to have the CPO nullified or modified, but this does not always mean that it will be accepted. If the changes are acceptable, the court will review the CPO again. 
  6. Can I dismiss or modify a CPO against me?
    1. Yes, but the ultimate deciding factor will be a judge. The request for a dismissal will be reviewed by a judge or court, and if it is approved the CPO will be dismissed. They are not always approved. 
  7. Is it possible to appeal the results of a full CPO hearing?
    1. Yes, but the guidelines and due dates are not lenient. Hire an experienced attorney so that all the necessary paperwork is submitted on time and with the proper evidence. 
  8. Do I need an attorney for either side of a CPO case?
    1. No, but you will be held to the same standards as an attorney if you decide against legal representation. 
  9. What happens when the petitioner doesn’t show up to court dates?
    1. If a petitioner does not show up to a court date then the CPO will be dismissed, unless they have a valid reason. Then the court date will be rescheduled. 
  10. What happens when the respondent doesn’t show up to court dates?
    1. In most cases, this makes it easier for the petitioner. Judges most often grant CPOs when the respondent does not show up to court. They have a better chance if they appear and defend themselves. 
  11. What to do after being served with a CPO?
    1. The CPO will have instructions and guidelines to follow. Make sure to follow them exactly. Then you will want to gather as much evidence as possible to refute the claims made in the CPO. An attorney will know exactly what is needed, what is allowed, and what is prohibited and they will help you gather this evidence. 
  12. Is my 2nd Amendment right taken away when served with a CPO?
    1. Yes. You will be prohibited from carrying or possessing any firearm or deadly weapon while under a CPO.  
  13. Will a CPO show up on job applications?
    1. Yes. The National Instant Criminal Background Check System is used by police forces, government agencies, and some background check agencies. Therefore the CPO can show up when applying for a job. Sometimes the Court of Clerks will also post any names of those that have been issued a CPO, but this depends on the county. 
  14. Can I file a petition for a CPO against someone who is under 18 years old?
    1. Yes, but it will be filed through juvenile court. And it will not be a full CPO, it will be a juvenile protection order. 

 

Fairfield County Civil Protection Order Resources

Court Proceedings

https://www.co.fairfield.oh.us/Commonpleas/fc-Judge-Dockets.html

Rules of Court

https://www.fairfieldcountyclerk.com/fc-Court-Rules.html

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

 

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