Attorneys for Protection Orders in Ohio
A Protection Order is granted by a Judge and it orders someone (called the "respondent" or "defendant") to stay away from the victim or petitioner. Attorney Evan T. Engler helps clients file protection orders and defends clients who have had protection orders filed against them for improper motives. Evan T. Engler is a partner at the Columbus, Ohio based law firm of Harris & Engler and he helps clients with Civil Protection Orders (CPO) issues across central Ohio. There are a number of different kinds of protection orders in Ohio, none of them have a court filing fee to file them.- Criminal Protection Order (CrPO) or Temporary Protection Order (TPO)
- These Protection Orders come into play and can only come into play if criminal charges have been filed, for things like: domestic violence, assault, menacing, or aggravated trespass
- These Protection Orders only last as long as the criminal proceedings are ongoing. If you want a protection order that lasts longer you still have the option to file a Civil Protection Order (CPO) in addition to the CrPO or TPO to make the order last longer
- Help is available at no cost for these kinds of Protection Orders. The person that files this will have another person called a "victims advocate" assigned to them. The victims advocate will walk you through the process and will be there for you through the process. The prosecutor will also want to talk to you to understand your situation.
- Domestic Violence Protection Order (CPO)
- A CPO is filed by victims of domestic violence or it can be filed by the family members of the victim to protect the victim
- This is filed in your local domestic relations court (or juvenile court if the abuser is under 18 years old)
- This is different from a domestic violence Temporary Protection Order that is issued in a criminal case for the prosecution of a domestic violence offender because this CPO can last up to 5 years (instead of just during the criminal case) and the Judge has all sorts of powers to issue relief to the victim and their children
- In a domestic violence CPO, the Judge can evict the abuser from the victim's home, order the abuser to purchase and pay for alternative housing for the victim (and their children), can order the abuser to pay spousal support or child support, and can issue child custody and visitation orders throughout the duration of the CPO
- The victim will have a victim's advocate assigned to them to help them and support them throughout the process
- Civil Stalking Protection Order or Sexually Oriented Offense Protection Order
- This type of Protection Order is available for victims who have been/are being harassed and are feaful for their physical safety or for victims of sexually oriented offenses
- The Court can order the offender to cease communication and stay a certain distance from the victim for up to 5 years
- The Court can order that the offender be electronically monitored for the duration of the order and that the offender cannot possess any firearms
Do I Need An Attorney to File a Protection Order?
You do not necessarily need an attorney to file a protection order, but it can be helpful. For a protection order arising out of a criminal case, the victim will have the help of a victim's advocate and the prosecutor. If the victim hires their own attorney and also files a "Victims of Crime" application with the Ohio Attorney General's Office, then the victim can be reimburseed up to $1,000 of their attorney fees if they otherwise qualify for a Victims of Crime award.If it is for a domestic violence CPO and the victim lives with the abuser or has children with the abuser, then hiring an attorney is recommended. This is because with a domestic violence CPO, the victim can get as part of their CPO an order providing for spousal or child support payments, for eviction of the abuser, and payments for rent and utilities. An attorney would dramatically improve the victim's chances of obtaining appropriate relief. If the victim reported the domestic violence to the police and cooperated with law enforcement, then the victim may still be eligible for reimbursement of attorney fees up to $1,000 if they qualify under Ohio's Victims of Crime statute.
If it is a Civil Stalking Protection Order, then the victim would be greatly helped with the assistance of any attorney.
Do I Need An Attorney If a Protection Order Has Been Filed Against Me?
If either a domestic violence CPO or Civil Stalking Protection Order has been filed against you, then it is strongly encouraged that you get an attorney to defend you. A CPO hearing can be like a full on trial that can have a significant impact on your rights and responsibilities.Unfortunately, sometimes domestic violence protection orders are filed to try to get a leg up in a pending or upcoming divorce case. Because a Judge can make an order providing for eviction, spousal and child support, and even visitation issues in a CPO, if you feel that the order was wrongly filed against you then you should hire an attorney to help you defend against it. A Civil Stalking Protection Order can also have serious implications that can last for up to 5 years. A Civil Protection Order can also affect Second Amendment rights and can prohibit possession of firearms throughout the duration of the order.
The effects of getting a CPO against you can be severe. Violating a CPO is a criminal offense. There is usually a very quick turnaround time between when the petition for a CPO is filed and when the hearing is held, so you will want to consult with an attorney as soon as possible after you receive notice of the hearing. If you feel that a Civil Protection Order was wrongly filed against you, then you should talk to an attorney about helping you defend against the CPO from going into effect.
