Civil Protection Order
The bottom line is...If you or a loved is being abused, you need legal protection.
Call us now for a free consultation at 216-502-0800
Domestic violence is taken very seriously in Ohio, and orders of protection are designed to help victims. Unfortunately, these legal devices are sometimes used inappropriately against individuals too. We will speak with you about your situation and recommend a course of action, all in complete confidentiality. If legal action is necessary, our office is ready to assist you.
Types of Ohio Orders of Protection
Protection Orders are known as "restraining orders" which are orders of protection that set legally binding boundaries that will keep abusers away from their victims. The terms of most common restraining orders do not allow offenders to be within a certain distance of domestic violence victims, prohibit any contact (mail, email, telephone, in-person) with certain individuals and can be enforced by the police and/ or the courts.
A few different kinds of Ohio orders of protection are:
Domestic Violence Restraining Order: A domestic violence restraining order can be used to keep family or household members safe from abuse in the home. In can also prohibit a person from coming onto another's property or workplace. This type of restraining order can apply to children as well. Most restraining orders are known as "domestic violence civil protection orders," and violators can be found in contempt of court. This particular type of restraining order can be enforced both by the court and by the police.
Civil Anti-stalking order: In Ohio, "menacing by stalking" is illegal. It is defined as a sustained pattern of knowingly causing mental distress to another person or threatening them with violence. If an order of this type is violated the result can be a contempt of court action resulting in fines and/ or jail time.
Temporary Protection Order: Temporary protection orders can be issued during criminal prosecution for the crime of domestic violence. They apply for a shorter period of time than do domestic violence civil protection orders, and are handled in criminal court instead of civil court.
To get an order of protection, our office, will assist you in petitioning the court and presenting your case. Generally, at least two court hearings will be required in the process. After and order of protection is obtained, we can assist you in being sure the order is enforced.
If a person violates a restraining order, he/she may be required to attend counseling, could be fined, and / or sentenced to jail.
Defending Against Unwarranted Protection Orders
Sometimes, however, restraining orders can be unwarranted. Edward S. Wade, Jr. is a skilled criminal defense attorney and can help those fighting orders of protection or seeking modifications to these orders.