How to Get a Restraining Order in Ohio

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  • This page will help you learn the differences between the types of restraining orders as well as how to get a restraining order in Ohio. There are several different types of restraining orders within the state of Ohio. Some address the criminal aspect of the violent act and others the civil. Typically the petitioner is requesting the court's protection from an abuser via a civil action. Restraining orders, referred to as Protection Orders within the state of Ohio, may be requested as part of domestic violence cases.

    Once the request for protection, the abuser is not allowed to contact the victim for any reason at the risk of being found in contempt of court. In return, it is important that the petitioner not contact the abuser for any reason. Doing so could not only provoke a violent act, but also may nullify the injunction. While victims are encouraged to obtain injunctions if they feel endangered, be sure that the situation may not be better resolved through some other type of mediation or counseling prior to enacting an injunction.

  • Introduction

    Within the State of Ohio, a protection order is an order signed by a judge to protect an individual from various types of abuse.http://www.womenslaw.org/laws_state_type.php?id=10020&state_code=OH Victims of domestic violence are eligible to file for Domestic Violence Protection Orders Orders (DVPO). This type of civil order protects you from abuse from family or household members. Those who do not meet the criteria for a DVPO may petition for a Stalking or Sexually Oriented Offense Protection Orders (SSOOPO). The purpose of a stalking or sexually oriented offense protection order is to stop further abuse and harassment at the risk of facing serious legal consequences.

  • Step 1: Understand the Criteria

    Understand the criteria and determine if you qualify for a protective order. DVPOs are issued if anyone in your family or household has subjected you to physical abuse, threatened you in a way that establishes fear of immediate and serious physical harm, or acts in a way that would result in a child being harmed or abused. If the situation does not meet this criteria, you may qualify for a stalking/sexually oriented offense civil protection order to protect you from people engaging in deliberately intimidating, aggressive or harassing behavior.http://www.womenslaw.org/laws_state_type.php?id=4146&state_code=OH

  • Step 2: Obtain the Appropriate Forms

    Discuss the situation with the civil Clerk of the Court at the local courthouse and request an application Civil Protective Order (CPO). You may also obtain copies of the necessary paperwork from online from the New York State Unified Court Systems website to complete beforehand.http://www.supremecourt.ohio.gov/JCS/domesticViolence/default.asp You are also eligible for assistance from a variety of agencies in completing the necessary paperwork. http://www.odvn.org/

  • Step 3: Complete the Forms

    Complete the petition. Bring it to the courthouse with identification for you and identifying information about the abuser to have it notarized. Provide as much information as possible about the qualifying incidents and how to locate the abuser. It is helpful to provide the court with the following information about the respondent: a photograph, social security number, addresses of residence and employment, phone numbers, description and plate number of the abuser's car, and any history of drugs, violence or gun ownership.http://www.womenslaw.org/laws_state_type.php?id=10020&state_code=OH&open_id=11617#content-11619 Wait to sign the petition until you are in a notary's or the judge's presence.

  • Step 4: File the Petition

    Once the petition is completed, take it to the clerk for the judge's review. Depending on the circumstances, the judge may issue a temporary restraining order that will be in effect until your hearing, usually about ten days later. The clerk will provide you with the court date and issue a summons for the abuser to appear in court for a hearing on that specific date as well. After the hearing, the permanent CPO will be issued. This order lasts up to five years from the date of issue.

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