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Types of Protection Orders

 

Domestic violence defined:  when a family or household member uses physical violence, threats, intimidation, and/or emotional, sexual, or economic abuse to maintain power and control over the other person, usually within an intimate relationship.  Individuals who are victims of domestic violence may request a civil protection order (CPO) from Domestic Relations Court.  The party requesting the protection order is referred to as the Petitioner.  The alleged perpetrator of domestic violence is the Respondent.

There are five different types of protection orders.  A petitioner may qualify for more than one type.

  1. Civil Protection Orders:

    Civil protection orders may be requested through Domestic Relations Court if the petitioner is related to the respondent by blood or marriage AND has lived with the respondent at any time; OR the petitioner is living with or has lived with the respondent during the past five years; OR if the petitioner was married to the respondent; OR the petitioner has a child with the respondent, whether or not they were married or lived together.  The hearing officer determines if the circumstances that are presented by the petitioner meet the legal definition of being in danger of domestic violence. These orders can last up to five years and the respondent can be arrested and put in jail for violating the order. In addition to orders limiting or prohibiting contact between the petitioner and respondent, the court can issue orders concerning related issues such as property, payment of household bills, and parenting rights and responsibilities. The respondent can also be ordered to participate in counseling. It does not cost the petitioner anything to get a civil protection order.  Respondent may be charged costs.

  2. Temporary Protection Orders:

    Temporary protection orders are granted by the municipal and county area courts at no cost to the petitioner. Anyone who meets the qualification for a civil protection order may be granted a temporary protection order instead of or, in addition to, a civil protection order. Temporary protection orders can be granted if an alleged perpetrator of domestic violence is arrested or the petitioner wants to press criminal charges against the respondent by filing a complaint. Temporary protection orders limit or prohibit contact between the petitioner and respondent. However, unlike civil protection orders, they do not deal with other issues, such as children and support. Temporary protection orders do not last as long as civil protection orders. They only last as long as the criminal proceedings. Additionally, if a petitioner is granted a temporary protection order AND a civil protection order because of the same incident of domestic violence, the temporary protection order will be dismissed. Respondents can be arrested, charged, and jailed for violating temporary protection orders.

  3. Stalking Civil Protection Orders:

    A stalking civil protection order may be requested by securing the petition at no cost through the Clerk of Courts' Office on the fifth floor of the Government Services Building.  Hearing officers in the General Division of the Court of Common Pleas issue these orders based on the legal definition of “stalking.”  If there is a special relationship with the "stalker", or if the "stalker" is someone hardly known to the individual, a petitioner may request a protection order.

  4. Stalking Protection Orders:

    These orders are granted by the municipal and county area courts at no cost. They are similar to temporary protection orders except that they are granted based upon the legal definition of "stalking". In addition, they differ from stalking civil protection orders in the same ways that temporary protection orders differ from civil protection orders.

  5. Mutual Temporary Restraining Orders:

    These orders are granted by the Domestic Relations Court in many divorce cases. The plaintiff must be married to the defendant and want a divorce to be able to receive this order. As specifically outlined in Local Rule DR24, the court orders both parties not to strike, abuse, harass, stalk, threaten, or injure each other; permanently remove any minor child(dren) from the State of Ohio; damage, move, transfer, withdraw real property, funds, accounts or other assets. These orders are reciprocal in nature with the exception of a motion for exclusive use of the marital residence.  Parties will not be arrested for violating a temporary restraining order. Instead, a party must come back to court and begin contempt of court proceedings. In addition, a mutual temporary restraining order lasts only until the divorce is final. There is a cost to the plaintiff for filing a divorce and getting a temporary restraining order, unless the court makes an indigency finding.

 

 

 
  
 

 

 
 

“The mission of the Butler County Court of Common Pleas, Domestic Relations Division, is to help families transition their lives by reaching compassionate and just resolutions to parenting and property disputes that are consistent with the law.”

 

 

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