What is a Civil Protection Order?
Civil Protection Orders, also commonly referred to as restraining orders, can seem daunting to understand. A Civil Protection Order (CPO) is an order that the respondent (the person against whom the CPO is filed) refrain from committing certain actions against the petitioner (the person who filed the CPO) and/or the petitioner’s loved ones. Restricted actions can include contact with the petitioner, contact with the petitioner and respondent’s children, and even respondent’s ability to enter the marital home. Although a Civil Protection Order can include all of the aforementioned actions, each and every CPO is tailored to the specific case.
How is a Civil Protection Order granted?
The process of obtaining a CPO begins when the Petitioner files a petition with the domestic relations court. In Franklin County Domestic Relations Court, the petitioner must fill out pertinent information about who they are asking the court to include in the protection order, such as themselves and/or their children, pertinent information about the respondent, and include a narrative describing the acts of domestic violence giving grounds for the CPO.
After submitting the filing, an ex parte hearing occurs. An ex parte hearing is a hearing that takes place without the respondent present. The petitioner is given an opportunity to explain to the court the events of their narrative. If the court deems it necessary, an Ex Parte Order is granted that stays in place until a full review hearing with the respondent present can occur.
The review hearing must be no less than ten (10) days following the granting of the Ex Parte Order. Both the petitioner and the respondent are allowed to present evidence, and the court will decide whether or not a full CPO should be in place, the parameters of the CPO, and the duration of the CPO.
If the court grants the CPO, a respondent who violates the order can be criminally charged.
So, what now?
If you have an active CPO case against you, we can help! Our office has handled many CPO hearing in Franklin County, Delaware County, and other counties in Ohio. Call us today for a consult!
