Madison County Civil Protection Order Attorney

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Madison County Civil Protection Order Attorney

Madison County Civil Protection Order Lawyer

When a protection order is served in Madison County, it tends to come from an emotionally charged and stressful situation. It’s not hard for these situations to spiral out of control when the protection order is broken. Domestic violence and assault are taken very seriously by judges and courts in Madison County, therefore many of them tend to side with the alleged victim. This is even true in cases where a protection order is being used as a weapon against the alleged offender. All too often people obtain protection orders under false pretenses so they simply don’t have to split their belongings with their significant other. In many cases, these protection orders are violated because the alleged offender is confused and just wants their side of the story to be heard.

In Madison County and the rest of Ohio, protection orders were created and are intended to protect victims of domestic violence or abuse. Over time it has become increasingly popular for alleged victims to obtain protective orders to exact revenge on their significant other or family member. There are also a lot of misconceptions surrounding what exactly a protective order is, and what the stipulations are. This leads to a lot of damage being done on the alleged offender’s behalf. Any violation of a protection order is considered a serious offense. Those who violate a restraining order can face anywhere from 6 months to 5 years in prison, as well as up to a $10,000 fine depending on their previous criminal history and how many times they have previously broken a protective order. The best chance an alleged offender has at having their protective order dropped or the penalties for violating the order minimized. The Joslyn Criminal Defense Law Firm has attorneys who are well versed in the Ohio domestic violence laws and can ensure all rights of the alleged offender are protected. We fight to resolve all aspects of an alleged protection order violation in the most favorable way for each of our clients. 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 Madison County, OH

In Madison County, there are three main classifications for protective orders. A myriad of reasons could cause an individual to seek a protection order, but all protection orders have the same purpose; to protect an alleged victim from future harm or harassment. Here are the three separate classifications for protection orders in Madison County, OH:

  • Criminal Protection Orders –  A criminal protection order is issued by a criminal court and is generally a response to a domestic violence crime that has already been committed. This is to prevent the alleged offender from stalking or harassing the alleged victim. A violation of the terms outlined in the protective order is considered a criminal offense and must be handled by a criminal defense attorney to ensure the best possible outcome.
  • Temporary Protection Order – When a domestic violence case is ongoing, the alleged victim may ask the judge for a temporary protection order until the case is resolved. This is issued directly by the judge and has all the same restrictions as other protection orders. Any violation of a TPO is considered a criminal offense and carries significant penalties. Once the case is resolved, the TPO is nullified.
  • Civil Protection Order Ohio Revised Code Section 3113.31 allows alleged victims of domestic violence to seek a civil protection order. This section underlines all the legal protections an alleged victim has to prevent violence from occurring within a household or family unit. The alleged harm or harassment must come from a family or household member to qualify for a civil protection order. An attorney is not required to file for a CPO, and any violation of the order is a civil offense. 

When an alleged victim files for a protection order of any kind they are trying to establish a pattern of fear. Not only does the court take them more seriously, but the alleged offender’s defense could also be tarnished. This is why it is of the utmost importance to obtain the proper legal representation. 

Penalties For Violating A Protection Order In Madison County

When a protection order is violated in Madison County, the penalties are harsh and strict. Any penalty that applies to violating a protective order can be found under Ohio Revised Code Section 2919.27. In most cases, if the violation is a first offense the alleged offender will face up to 6 months in prison and a $1,000 fine. For those who have violated a protection order previously, or have a significant history of domestic violence, they could face up to 5 years in prison and a $10,000 fine. Again, this is a serious charge that is life-altering as it can result in the alleged offender having to be detained in prison for 5 years. 

A protection order violation not only comes with jail time and fines, but it can also affect many things outside of the legal process. Some aspects of the alleged offender’s life that can be altered are:

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

Once a protective order is violated, the alleged offender will be arrested for contempt of court. This violation and the charges that come with it can become complicated very quickly, so to get a head start and have the best possible outcome, it is essential to hire an experienced criminal defense lawyer in Madison County. 

Madison County Criminal Defense Lawyers Near You

Protection orders are issued across the state of Ohio, and Madison County is no exception. If you or a loved one has been served with a protection order under false pretenses or has violated the terms of their protection order they should seek legal counsel immediately. 

The knowledgeable and dedicated attorneys at Joslyn Criminal Defense Law Firm are among some of the top-rated defense attorneys in the state of Ohio, and that includes Madison County. We understand that different judges and prosecutors view domestic violence and assault charges differently, therefore every case varies. Our team knows exactly how to approach violations of protective orders to obtain the best results for our clients. All of our team members are willing to assist you in any way possible to fully protect your rights in and out of the courtroom. With over 15,000 cases under our belts, we have the wisdom and professionalism you need to receive the best possible outcome if you have violated your protection order or have been charged with any other criminal offense. Your first consultation is always free, so there is no harm in finding out more information on how we may protect your rights by calling 614-444-1900. We practice across Ohio including in Delaware County, Fairfield County, Franklin County, Licking County, Pickaway County, and nearby areas.

Madison County Civil Protection Order Frequently Asked Questions

  1. What is the difference between a civil protection order and a restraining order in Ohio?
    1. In Ohio, a civil protection order is a civil filing. When an individual has been charged with a crime, there will be a criminal restraining order placed on them by the prosecutor. 
  2. Where do I go to obtain a civil protection order in Madison County?
    1. To obtain a civil protection order, an individual can apply for one in person at the Madison County Clerk of Courts, or they may fill out the application provided on the Ohio Supreme Court website. Any protection orders that are submitted by 11:30 am will be reviewed by a judge by 11:30 am the same day. Any protection order applications submitted after 11:30 am will be reviewed at 11:30 am the next day. 
  3. What should I bring to my civil protection order hearing?
    1. Be prepared to provide evidence. Judges are typically not keen on issuing protection orders when it is one person’s word against another. Providing proof will give you a better chance.  Police reports, hospital records, photo evidence, and anything else you can provide will give you the best chance. Do not bring your phone and expect the judge to scroll through text messages or Facebook. Print out any messages or any communication through social media so that the judge has a physical copy to look at. 
  4. How long does a civil protection order last in Ohio?
    1. If the individual is requesting a long-term civil protection order, a full CPO may be issued and in place for up to 5 years. It is possible to have the CPO renewed after the 5-year term but it can be difficult. It depends on the circumstances specific to each case and depends on if the perpetrator followed the guidelines of their CPO or not during the 5-year term. The best way to see what your legal options are is to seek legal advice. 
  5. What Is a Civil Protection Order (CPO)? 
    1. A Civil Protection Order is designed to protect an individual from an abuser or harassment. A CPO means the person it is placed against will not be able to contact the petitioner so that they can be safe from harassment or abuse. 
  6. Who can apply for a CPO?
    1. The Petitioner must be a member of the Respondent’s family or household to apply for a CPO in Columbus or any Ohio county.  Family/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. You may be eligible for a Civil Stalking Protection Order or a Criminal Protection Order if you are being harmed, threatened, or stalked regardless of whether you fall into one of these categories. 
  7. What do I need to obtain a CPO against someone?
    1. The individual that applies for a CPO, aka the petitioner, must prove that the respondent has engaged in any activity that is defined as domestic violence. Domestic violence is defined by Ohio law as conduct that threatens or physically harms a family or household member. An offender may also threaten to use force in order to cause a family member to believe the offender will harm them. In lamens terms, 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. Yes, the petitioner may name other family or household members as protected parties in the petition for a CPO. It is also possible to include protections for animals considered companion animals. This includes cats, dogs, and other pets. 
  9. What is the fee to file for a CPO?
    1. There is no fee. 
  10. What happens after I file for a CPO?
    1. 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?
    1. Entering the shared residence
    2. Having keys or garage door openers for residence
    3. Going to the residence, school, place of business or employment, daycare center, or anywhere else a protected person may be.
    4. Coming within 500 feet of the petitioner
    5. Calling, texting, emailing, or direct messaging the petitioner
    6. Have access to shared vehicles
    7. Asking another individual to relay information or messages to the petitioner
    8. Removing, damaging, hiding, or throwing away any property or pets jointly owned
    9. Possessing or carrying a firearm or weapon
    10. Having parental rights and responsibilities
  12. How long does a full CPO last?
    1. A CPO lasts for up to 5 years.
  13. Can I get rid of a CPO I filed for?
    1. Yes, the petitioner can modify or nullify the CPO, but it will be reviewed by a court. They will decide if the modification or nullification is acceptable. 
  14. Can I dismiss or modify a CPO against me?
    1. Yes. You can request a modification or nullification, but it has to be reviewed by a court to determine if it will go into effect. 
  15. Is it possible to appeal the results of a full CPO hearing?
    1. It is possible to appeal an outcome of a full CPO. Nonetheless, you must keep in mind that there are strict deadlines for the appeals window. Don’t wait to file your appeal or contact an attorney to file an appeal for you. 
  16. Do I need an attorney for either side of a CPO case?
    1. It is not required, but it is highly recommended. Anyone that doesn’t have an attorney will still be held to the same standard as an attorney will going through the court processes. 
  17. What happens when the petitioner doesn’t show up to court dates?
    1. If the petitioner does not show up to a court date, then the petition for the CPO will most likely be dismissed. IF they have a valid reason as to why they did not attend the court hearing, then it will most likely be rescheduled. 
  18. What happens when the respondent doesn’t show up to court dates?
    1. The CPO is more likely to be approved if the respondent doesn’t show up to court than if they did and defended themselves. 
  19. What to do after being served with a CPO?
    1. It is important to carefully read the CPO as it will list everything the respondent is prohibited from doing. Then the respondent will want to gather evidence that refutes the petitioner’s claims. An experienced attorney will help gather this evidence. 
  20. Is my 2nd Amendment right taken away when served with a CPO?
    1. Yes. Any respondent of a partial or full CPO is prohibited from possessing any firearm or deadly weapon until the CPO is lifted. 
  21. Will a CPO show up on job applications?
    1. The simple answer is yes. It will show up on the National Instant Criminal Background Check System which is visible to the police departments, government agencies, and some background check agencies. It may also be listed on the Clerk of Court’s website depending upon where you live. 
  22. Can I file a petition for a CPO against someone who is under 18 years old?
    1. Yes, there is a Juvenile Protection Order that can be filed in the juvenile court system. 

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Madison County Civil Protection Order Resources

Court Proceedings

When Protection Orders Are Viewed By A Judge

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

Civil Protection Order Guidelines In Ohio

Client Testimonial:

“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 unpleasant 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 monetary priorities. They actually care about you..their client. Thank you Brian for being the first reputable, caring attorney in my life.”

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