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Pickaway County Civil Protection Order Attorney

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Pickaway County Civil Protection Order Attorney

Protective orders in Pickaway County, and the rest of Ohio, are issued to protect individuals from harm or harassment. Many times these complex and emotionally charged situations involve close family members or loved ones. Many protection orders are served due to an alleged victim claiming that they are a victim of domestic violence or assault. In Pickaway County, judges and courts do not take these allegations lightly and will side with the alleged victim. Unfortunately, many individuals in today’s society have misinterpreted what a protection order’s main purpose is, and have started to use them as a weapon against others. When this happens, it is unjust and unlawful. Protection orders are solely used to protect those who are victims of domestic violence, and when people obtain protection orders under false pretenses then they are abusing the system. 

In Pickaway County, protective orders are governed by the same rules and regulations as in the rest of Ohio. Essentially, protection orders are intended to prevent domestic violence victims from being harassed or harmed in the future. Sadly, some people in society have learned that they can use a protection order against another person for various reasons, including not wanting to split belongings 50/50 at the end of a relationship. The alleged offender’s life is adversely affected by this action, which is immoral and unjust. Their housing, employment, and educational opportunities could be impacted. Joslyn Criminal Defense Law Firm is responsible for fighting for their client’s rights when false allegations of abuse or harassment result in a protection order being placed on them, or when their client unintentionally violates their protective order. We will work hard to have the protection order dropped or reduce the impact of the violation. 

When an individual is served with a protection order, their emotions start to fly, especially when the protection order comes from false allegations. There are also many misconceptions surrounding protective orders in Ohio. A mixture of emotions and misinformation results in many individuals unintentionally breaking their protective orders. When a protection order is violated the consequences can be serious and life-altering. Aspects of an individual’s life may change for the worse such as:

  • Ability to obtain employment
  • Ability to attend school/further their education
  • Ability to apply for housing
  • Loss of career opportunities
  • Loss of ability to own or operate firearms

It can be very stressful and confusing for an individual to have a protective order placed on them in Pickaway County. The state of Ohio takes domestic violence allegations very seriously and abides strictly by any laws pertaining to domestic violence. In the Joslyn Criminal Defense Law Firm, we have protected the rights of individuals whose protection orders were issued under false pretenses or unintentionally violated their protective order.  Attorneys at our firm are dedicated to helping those who have violated protective orders and fighting for the best possible 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.

Penalties For Violating A Protection Order In Pickaway County

The consequences for violating a protection order in Pickaway County are strict and unsympathetic. These penalties are listed under Ohio Revised Code Section 2919.27, and they cater to the alleged victim. Here are the penalties that are a direct result of violating a protection order. 

  • First offense – First-degree misdemeanor which results in up to 6 months in prison and up to $1,000 fine. 
  • A second offense or prior history of stalking/harassment – Fifth-degree felony which can result in up to 1 year in prison and up to $2,500 in fines. 
  • Violated protection order while committing a felony – This is a third-degree felony that can result in 1-5 years in prison and up to $10,000 in fines. 

Any of these charges are very serious and can impact the alleged offenders day to day life, and their ability to do things in the future. Ways that violating a protection order can affect aspects of life are:

  • Their right to own firearms
  • Anything that requires a background check
  • Educational opportunities
  • Career opportunities
  • Ability to apply for housing
  • Loss of job
  • Loss of home
  • Inability to pay bills
  • Extended periods of time in prison

Once a protection order is violated, the police have the authority to arrest the individual on sight and charge them with contempt of court. This is just another charge the alleged offender can tack on to a long list of charges that come along with it. In order to properly handle these violations and charges, obtaining a knowledgeable and dedicated criminal defense lawyer in Pickaway County immediately will help make sure the alleged offender’s rights are fully protected. 

Ways A Protection Order Can Be Violated

Anytime a protective order is issued, there are strict rules to follow. This may seem harsh and unfair to the alleged offender, especially when they have been served under false pretenses. Criminal charges and exorbitant fines are in store for anyone that violates their protection order. 

It is recommended to immediately go over the information on the protection order and make sure to follow those rules exactly. Here are some of the various ways an individual can violate a protective order. 

 

    • 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. 
    • 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. 
    • 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.
    • 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. 
    • 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. 
    • 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 
  • Many More Ways

 

It’s important to note that immediately after violating any aspect of a protection order, any police officer can arrest the alleged offender for contempt of court. 

Protective Order Violation Attorneys Near You

Joslyn Criminal Defense Law Firm has handled over 15,000 criminal cases, which makes us one of Ohio’s top-rated defense teams. Not only do we serve individuals in Pickaway County, but we also serve individuals from all over central Ohio. These cases are individually different, therefore judges do not always rule the same way. We understand this and go above and beyond to obtain the best results for our clients. 

If you have been accused of violating a Pickaway County protection order or have been found in contempt for that reason, Joslyn Criminal Defense Law Firm and their team of knowledgeable attorneys are willing to assist you. We address all protection order violations efficiently and effectively so that our client has the best chance of having this violation minimally affect their 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.

Pickaway County Civil Protection Order Frequently Asked Questions

  1. What is the difference between a civil protection order and a restraining order in Ohio?
    1. A protection order in Ohio is filed through civil court. If an individual is charged with a crime, and it is necessary, a criminal restraining order can be placed on the defendant by the prosecutor or judge. 
  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 Pickaway 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. When going to a protection hearing, there are several things that need to be presented to the judge to provide evidence. Judges rarely issue CPO’s without hard evidence, or just one person’s word against the other.  Police reports, hospital records, photo evidence, and anything else you can provide will give proof that the CPO is needed to protect you from future harm. If text messages, or social media messages are a part of the evidence they need to be printed on paper so that they can be documented by the court. Judges will not go through your phone to read messages. 
  4. How long does a civil protection order last in Ohio?
    1. When the full protection order is issued, the judge will determine how long it will be in place for. A long-term CPO can last up to 5 years. It can be renewed, but it is hard as there will be little evidence of harassment or domestic violence unless the respondent breaks the CPO two or more times. 
  5. What Is a Civil Protection Order (CPO)? 
    1. A civil protection order is put in place to protect any individual and their close family members from domestic violence or the threat of domestic violence. In the event, a victim obtains a CPO against an individual the respondent will not be able to contact or further harass or abuse the individual. 
  6. Who can apply for a CPO?
    1. To apply for a CPO in Columbus or any county in Ohio, the petitioner must be a family or household member of the respondent.  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 or Criminal Protection Order.
  7. What do I need to obtain a CPO against someone?
    1. In order to obtain a CPO, the petitioner must provide evidence of domestic violence or threat of domestic violence. 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. The petitioner may put the names of other family members on their CPO. These can be children, family members in the home or they can be household members. A CPO can also include pets such as 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. The process after a CPO is filed for is very straightforward. There will be an Ex Parte hearing after you file your petition for a CPO. This hearing is where a judge will go over any evidence you can provide. They will then determine if there is a cause for a CPO. If they issue an Ex Parte CPO after the Ex Parte hearing, then a court date will be set for a full hearing. The full hearing will allow both sides to provide evidence and state their side. After this, the judge will determine if a full CPO is needed or warranted. If so then a full CPO will be issued to the respondent.  
  3. What does a CPO prohibit the respondent from doing?
    1. A CPO can prohibit the respondent from being able to do 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
  4. How long does a full CPO last?
    1. A CPO lasts for up to 5 years, but the amount of time the CPO is active will be determined by the judge at the full hearing. 
  5. Can I get rid of a CPO I filed for?
    1. Yes, the petitioner can request that the CPO be either nullified or modified, but that does not always mean the change or nullification will be accepted. The court will go over the CPO once again and determine if the changes are acceptable. 
  6. Can I dismiss or modify a CPO against me?
    1. A CPO can be dismissed or modified, but the ultimate decider of the nullification or modification will be the court. Any request for dismissal will have to be reviewed before it can be approved. They are not always approved. 
  7. Is it possible to appeal the results of a full CPO hearing?
    1. When a CPO is issued, the respondent can appeal the decision but the deadlines and guidelines for appealing are very strict. This is why it is important to hire an attorney to be on top of things and make sure everything is done correctly and submitted on time.
  8. Do I need an attorney for either side of a CPO case?
    1. An attorney is not required but the victim or respondent will have a better chance if they do. Anyone who does not have legal representation will still be held to the standard of an attorney during court procedures. 
  9. What happens when the petitioner doesn’t show up to court dates?
    1. When a petitioner does not show up to a court date the CPO will most likely be dismissed. If they have a valid reason as to why they did not appear, then the CPO court date will be rescheduled. 
  10. What happens when the respondent doesn’t show up to court dates?
    1. If the respondent does not show up to court, the judge will most likely grant a full CPO with proper evidence. Not showing up is more detrimental than appearing and defending your case. 
  11. What to do after being served with a CPO?
    1. Carefully read the CPO as it will have important information on what the respondent is restricted from doing. It will also state future court dates. The respondent will want to gather as much evidence as possible to refute 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. Anyone that has been issued a CPO in Ohio will not be able to possess a firearm or any other deadly weapon until the CPO is dismissed.  
  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 go through juvenile court and a juvenile protection order will be issued instead of a CPO.

 

Pickaway County Civil Protection Order Resources

Court Proceedings

https://www.pickawaycourt.com/probate-court/individual-forms/

Rules of Court

https://pickaway.org/docs/CPRules.pdf

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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