Civil Protection Orders in Ohio Domestic Violence Cases
Ohio defense attorney Brian Joslyn explains civil protection orders in Ohio domestic violence cases. If you’ve been arrested for a domestic violence offense in Ohio, call Joslyn Law Firm at (614) 444-1900 today for a consultation to discuss your case.
Domestic violence cases also often come with protection orders, okay. And this can be confusing for many individuals because, in a domestic violence case, that is a criminal case, but oftentimes a victim advocate will encourage the alleged victim to go over to a different courthouse and file for a protection order, a civil protection order, and oftentimes our clients are served with these civil protection orders while they’re in jail, or at their home by the sheriff. And they’re alarmed and taken back by it because they had already been criminally charged, and now they’re getting this additional paperwork that they’re facing a civil protection order, oftentimes confusing thinking that that’s another criminal charge, but it is not, it is a civil case. And these cases oftentimes go hand in hand. Where in one court we’ll be fighting a criminal case, for domestic violence allegations, and in another court, we’ll be fighting the same accusations for a civil protection order hearing. Civil protection orders are important to fight for a number of reasons. It can have adverse effects on you, in terms of, your housing, your profession, it’s public record, it shows that you have a civil stalking protection order by domestic violence which is public record. Which can have devastating effects on someone’s livelihoods. But more importantly, is if you get a civil protection order, you have to understand that you are under the thumb of the government potentially for up to a five-year period. And what I mean by that is when someone is requesting a civil protection order, they’re asking for protection, that there be no contact, and additional conditions can apply. And if it’s ever alleged by the alleged victim that you violated that protection order, they simply have to call the police and say that there was contact made and you’re gonna have another criminal offense. And sometimes when we’re dealing with tumultuous relationships, divorces, nasty breakups, child custody disputes, sometimes alleged victims make false accusations to try to gain an upper hand in their other civil matters. Or just to get the best, or be revengeful of the person that they’re accusing. And what they get them wrapped up in, is a situation where they have this protection order, and by the touch of a telephone, they can have this person arrested almost every single time that they want to. And once that protection order goes in place, I’ve had clients that were charged with violation protection order up to 10 or more times over a period of years. Sometimes within a period of months. And then were fighting not just an initial domestic violence charge, but all these violation of protection order charges. And as they stack up, it makes the prospects of winning the original domestic violence case harder and harder and harder, because then they point to these other false allegations to bolster the original domestic violence case. And it can cause a domino effect of problems for our client to where also, eventually, they’re locked away and held in jail, without bond, because by picking up the new violation of protection order, they’ve violated the terms of their original domestic violence bond conditions. All the meanwhile, there’s nothing that they can do at that point except wait for their day in court. And a common scenario that happens is, they end up getting pulled up for their original domestic violence cases, and as normal court proceedings, negotiations presume. And they’re offered a deal, plead to something and you can get out today. And unfortunately, many people that are faced with this situation, that are falsely accused, end up pleading guilty just to get out of jail. Because the alternative, is to continue your course for trial, which means your case is going to be kicked out, and set for a trial date, and after these violation of protection orders and everything has accumulated, you are stuck in jail until your trial date. And some people are not willing to wait that period of time, and are willing to take the hit on a charge, instead of continuing to sit in jail an fight their case.