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Licking County Civil Protection Order Attorney

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Licking County Civil Protection Order Attorney

Protection orders come hand in hand with emotionally charged situations. Otherwise known as restraining orders, protective orders often come from intense scenarios involving close family members or loved ones. In today’s society, domestic violence is not taken lightly, therefore judges tend to err on the side of those who claim to be a victim of domestic violence or assault. This inevitably has given some individuals the power to use a protective order as a weapon against an alleged offender. If someone is accused of violating a protection order, they could suffer serious consequences that could be life-altering. It is unjust and unlawful for individuals to be under the restrictions of a protection order if the protection order was obtained under pretenses. Unfortunately, these types of cases are occurring more and more over time, and it is up to criminal defense attorneys to fight for the rights of those accused. There is a lot of misinformation about what protection orders are and what they restrict, which can lead to alleged offenders unintentionally breaking the protective order. 

Licking County follows the same rules and regulations that surround protective orders, as the rest of Ohio. Essentially, protection orders were designed to help protect victims of domestic violence from future harm or harassment. Unfortunately, some individuals in society have learned that they can use a protection order against another individual for various reasons such as simply not wanting to split belongings 50/50 when ending a relationship. Not only is this immoral and unjust, but it is also detrimental to the alleged offender’s life. They could lose their job, their housing, and the ability to obtain or further their education. When a protection order is placed on someone under false pretenses, it is the job of Joslyn Criminal Defense Law Firm to fight for the rights of their client, and make sure that the protection order is dropped if filed under false allegations of abuse or harassment.

Another unfortunate reality is that those who are slapped with a protection order are told many different things by family members, court affiliates, etc. This makes the whole process very confusing and actually makes it pretty easy for an alleged offender to violate their protection order. When this happens, Licking County hands out severe penalties that can alter the individual’s life forever even if they unintentionally broke the restraining order. 

When an individual has a protective order placed on them in Licking County, it can be very stressful and confusing. Ohio takes domestic violence allegations very seriously, and they follow any laws set forth for domestic violence strictly. The criminal defense attorneys at Joslyn Criminal Defense Law Firm have been protecting the rights of individuals who have been issued protection orders under false pretenses. Our dedicated attorneys know exactly what to do to help those who have violated their protective orders and fight for the most favorable outcome. 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.

Ways A Protection Order Can Be Violated

The terms outlined in a protective order may seem harsh and unfair, but it is imperative that they are followed exactly. Further criminal charges and hefty penalties are just two of the many consequences of violating the terms of a protection order. 

When served with a protection order in Ohio, we recommend immediately going over and examining all the terms and conditions set forth. This ultimately will give the alleged offender an overall understanding of what they can and can’t do. Here are some of the various ways an individual can violate a protective order. 

    • Contacting The Alleged Victim – Many protective orders will require that the alleged individual not contact the alleged victim. This includes calling, texting, or messaging on any social media platform. 
    • Coming Too Close To The Alleged Victim – Almost all protective orders will require that the alleged offender not come within a certain distance of the alleged victim. 
    • Purchasing A Firearm – It is illegal for anyone that has been served a protection order to obtain a firearm or weapon. If the alleged offender needs a firearm to perform their job (police officer or military) then they may be required to leave their job.
    • Not Moving Out Of The Home – When a protective order associated with domestic violence is placed, the alleged offender cannot live inside the home with the alleged victim. A police officer can accompany them to retrieve their belongings such as clothes and toiletries. It is a serious offense to return to a residence when served with a protective order. 
    • Going To A Shared Workplace Or School – If the alleged offender and the alleged victim attend the same school or work at the same place, then the alleged offender may be required to not interfere with the alleged victim’s career or schooling whatsoever. This means if they attend school or work they could be violating their protective order.
    • Many More Ways

Types Of Protective Orders In Licking County

In the state of Ohio and Licking County, there are three classifications for protective orders. A protective order may be requested for a plethora of reasons, but they all are put in place to protect and prevent any violence or harassment from occurring between close individuals. We have broken down the three main types of protective orders for our clients.

  • Civil Protection Order – Under Ohio Revised Code Section 3113.31, alleged victims of domestic violence can ask for a civil protection order, which prevents any violence within the family unit from happening. To file for a civil protection order, the alleged harm or threat must be committed by a family member or household member. There is no requirement that an attorney file for a civil protection order, so these can be filed under false pretenses. Due to the fact that they are under a court order for little to no reason, the alleged offender’s life will inevitably be changed for the worse. Despite being a civil offense, violating a protection order can still have serious repercussions. 
  • Criminal Protection Order – An order for criminal protection may be issued if a crime like domestic assault is committed. The purpose of a CPO is to prevent stalking and harassment of the alleged victim. Because the order is issued by a criminal court, any violation of it will result in very serious penalties that could have life-altering consequences. Violating a protective order may result in substantial fines or even jail time. For this reason, the alleged offender must have a well-versed Licking County criminal defense lawyer at their side. If not, the alleged victim and the court system could take advantage of them.
  • 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 TPOs to have specific rules for the alleged offender to follow, but essentially, when someone has a TPO against them, they are forbidden from contacting the alleged victim, their family, and their pets. This includes schools, workplaces, and public places as well. After a TPO is established, the alleged offender will be prohibited from using any kind of weapon capable of inflicting harm, such as guns and knives. A TPO that comes from a criminal court may entail significant penalties if it is violated. An alleged offender who violates a TPO can, in some cases, be sent to jail until the case is settled. The TPO will be dissolved once the case is settled. 

As a result of a pattern of fear, alleged victims typically seek a TPO or CPO. This inevitably results in judges and courts siding with the alleged victim and taking them more seriously than the offender. As a result, any evidence introduced into a civil case can undermine the alleged offender’s defense. An experienced criminal defense lawyer is the only way to navigate these murky waters while protecting their rights fully. 

Protective Order Violation Attorneys Near You

With more than 15,000 criminal defense cases handled, we are among Ohio’s top defense firms. We represent clients throughout central Ohio, including Licking County, Ohio, and the surrounding areas. Different prosecutors and judges approach these cases in different ways, depending on the circumstances. As a result, we know what to expect and how to get the best results.

The experienced Licking County criminal defense attorneys at Joslyn Criminal Defense Law Firm are available to assist you if you have violated a protection order or have been found in contempt for that reason. In the event of a violation of a protection order, we will ensure that you are notified as efficiently and effectively as possible and that the effects on your life will be minimized.

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.

Licking County Civil Protection Order Frequently Asked Questions

  1. What is the difference between a CPO and a restraining order in Ohio?
    1. When a restraining order is placed on an individual it stems from a criminal charge. A restraining order can be placed on an individual by a prosecutor if they deem it necessary. A CPO is a civil filing that can be filed by any household member. 
  2. Where do I go to obtain a civil protection order in Pickaway County?
    1. To obtain a CPO, you must go to the Licking County Clerk Of Courts to file for a CPO, 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?
    1. Anything that proves you were a victim of domestic violence or under the threat of domestic violence. This can include medical records, eyewitness testimony, and text or social media messages. Everything needs to have a physical copy for the judge to see and be admitted as evidence. No judge will look through your phone to view texts or DM’s. 
  4. How long does a civil protection order last in Ohio?
    1. It depends upon what type of CPO was issued. A long-term CPO can last up to 5 years. The court will determine, after hearing both sides, how long the CPO will be in effect. 
  5. What Is a Civil Protection Order (CPO)? 
    1. The state of Ohio issues CPOs to those who are a victim of domestic violence or under the threat of domestic violence. 
  6. Who can apply for a CPO?
    1. Obtaining a CPO requires the petitioner to either live with the respondent or be a member of the respondent’s family. Members of the household and family include:
      • 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. Individuals who are not family members or household members that are being harmed, harassed, stalked, or threatened, they may apply for a civil stalking order.  
  7. What do I need to obtain a CPO against someone?
    1. There must be evidence of domestic violence or evidence of a threat of domestic violence in order to obtain a CPO. Ohio law classifies domestic violence as any act or conduct that threatens or physically harms a household or family member. Therefore these types of conduct qualify as domestic violence:
      • Physical violence
      • Threats
      • Intimidation
      • Emotional Abuse
      • Sexual Abuse
  8. Can My CPO protect others in my house, including my pets?
    1. Any family or household member can be named on the CPO, and this includes pets such as dogs, cats, and any other companion animal in the home. 
  9. What is the fee to file for a CPO?
    1. There is no cost associated with filing for a CPO. 
  10. What happens after I file for a CPO?
    1. When a petitioner files for a CPO, there will be an Ex Parte hearing directly afterward. This is where the petitioner can present their evidence of domestic violence or the threat of domestic violence to the court. If the court deems it necessary they will issue an Ex Parte CPO. After this, a full hearing will be scheduled, and the respondent will be issued a CPO. At the full hearing, both sides will be able to present evidence. The court will take this information and decide whether or not the CPO should stay in place. If it is warranted, then they will serve the respondent with a full CPO and determine how long it will be in place.
  11. What does a CPO prohibit the respondent from doing?
    1. Respondents can be prohibited from doing certain things by a CPO, including:
      • 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?
    1. The length of time a CPO will be in place is different for every case. Some are issued for a couple of months, and others can be issued for up to 5 years. 
  13. Can I get rid of a CPO I filed for?
    1. The petitioner can file to have their requested CPO nullified, but that does not mean it happens immediately. The nullification request will be viewed by the court, and they will determine whether or not to keep it in place. If the request is accepted then the CPO will be dismissed, but this does not always happen. 
  14. Can I dismiss or modify a CPO against me?
    1. The respondent can request to have their CPO modified or dismissed, but the request must be viewed by a court. If the court decides on behalf of the respondent’s request then they will dismiss or modify the CPO. This does not always happen, as it would just encourage abusers to immediately file for dismissal. 
  15. Is it possible to appeal the results of a full CPO hearing?
    1. CPO appeals are subject to strict guidelines and deadlines. Thus, getting legal representation is advised to ensure all the proper evidence is submitted correctly and on time. 
  16. Do I need an attorney for either side of a CPO case?
    1. You are not required to obtain legal representation, but it is highly recommended. The court process is very strict and does not have any lenience for those who lack representation. Therefore, if you choose against obtaining legal representation, you will be held to the same standards that other attorneys are in the courtroom. You could risk losing your case simply due to a lack of legal knowledge. 
  17. What happens when the petitioner doesn’t show up to court dates?
    1. In most cases, two main decisions can be made when the petitioner does not appear in court:
      1. The motion may be denied
      2. If the petitioner has a valid reason as to why they did not appear (medical, family, etc) then the hearing may be rescheduled. 
  18. What happens when the respondent doesn’t show up to court dates?
    1. 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?
    1. Once served, the first thing you will need to do is read the CPO carefully and make sure to fully understand the restrictions that have been placed against you. A simple violation can lead to severe fines and jail time, even if it was a mistake. Your attorney will know exactly what is needed, what is permissible, and what is not permissible, and they will help you gather evidence as well as explain your rights and responsibilities.
  20. Is my 2nd Amendment right taken away when served with a CPO?
    1. Yes. Those who are issued CPOs are not allowed to obtain or carry deadly weapons.  
  21. Will a CPO show up on job applications?
    1. In some cases, yes. A police force, government agency, and several background check agencies use the National Instant Criminal Background Check System to receive information submitted by the courts. Thus, the CPO can appear on a background check when applying for a job. CPOs are sometimes posted on the Court of Clerks’ website. 
  22. Can I file a petition for a CPO against someone who is under 18 years old?
    1. A juvenile protection order can be issued to anyone under 18 years old by the juvenile court system. 

Licking County Civil Protection Order Resources

Court Proceedings & Rules

https://lickingcounty.gov/depts/clerk/rules/default.htm

General Court Info

https://lickingcounty.gov/depts/clerk/default.htm

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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