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General Information About Domestic Violence Protection Orders 10.01-A - Ohio
| General Information About Domestic Violence Protection Orders Form. This is a Ohio form and can be used in Domestic Violence-Civil Protection Order Union County (Court Of Common Pleas) . |
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GENERAL INFORMATION ABOUT DOMESTIC VIOLENCE PROTECTION ORDERS DEFINITIONS YOU NEED TO KNOW Domestic Violence is when a family or household member uses physical violence, threats, intimidation and/or emotional, sexual, and economic abuse to maintain power and control over the other person, usually within an intimate relationship. Domestic Violence is most often a combination of psychological and physical actions; the physical results are just the most visible. Domestic violence is a pattern of conduct in which one intimate partner uses force or threats of force to control the other person. Ohio law has determined that some forms of abuse do not constitute criminal behavior or behavior requiring the courts intervention. For example, psychological battering, economic abuse, or verbal harassment wi thout evidence of threats or physical harm are not recognized by Ohio law as domestic violence that allows a petitioner to obtain a protection order or request that criminal charges be filed. When a family or household member tries to cause you bodily harm by hitting, pushing, beating, or physically hurting you, that is domestic violence. When a family or household member makes you afraid that you will be harmed, that is domestic violence. When a family or household member stalks or forces sexual relations on you, that is domestic violence. When a family or household member abuses your children, that is domestic violence. IN A CIVIL DOMESTIC VIOLENCE CASE : Petition for a Civil Protection Order (CPO) is the document a domestic violence victim, the victims parent or an adult household member of the victim must file with the domestic relations court to obtain a civil protection order against an alleged domestic violence offender. Ex parte Civil Protection Order (CPO) is an emergency order the court issues in response to the Petition for a Civil Protection Order after an ex parte hearing. The ex parte hearing is described in Form 10.01-A, Side 3. Full Hearing Civil Protection Order (CPO) is the final order the court issues after a full hearing. The full hearing is described in Form 10.01-A, Side 3. The Full Hearing CPO replaces the e x parte CPO. Petitioner is the person asking or petitioning the court for protection. By filing the Petition for a CPO, YOU are the Petitioner. Respondent is the alleged domestic violence offender. Petitioner seeks protection from the Respondent by filing for a CPO. IN A CRIMINAL DOMESTIC VIOLENCE CASE: Motion for a Temporary Protection Order (TPO) is the document that must be filed in a criminal case if a victim of domestic violence wishes to obtain a protection order against an alleged domestic violence offender. The criminal case must allege the offender committed negligent assault, criminal damaging or endangering, criminal mischief, burglary, aggravated trespass, endangering children, or any offense of violence against a family or household member. Temporary Protection Order (TPO) is the order the court issues in response to the Motion for Temporary Protection Order. The TPO requires the domestic violence offender to stop abusing and to stay away from the victim(s) named in the Motion for Temporary Protection Order. A TPO expires when the alleged domestic violence offenders criminal case ends or when a new CPO is issued based on the same incident(s) of domestic violence. Alleged Victim is the person asking the court for protection in the Motion for a TPO. YOU are the Alleged Victim. Defendant is the person the Motion for a TPO is filed against. The Defendant is the person accused of the crimes of negligent assault, criminal damaging or endangering, criminal mischief, burglary, aggravated trespass, endangering children, or any offense of violence against a family or household member. FEES UNDER FEDERAL AND STATE LAW YOU CANNOT BE CHARGED ANY COSTS OR FEES FOR OBTAINING A PROTECTION ORDER. FORM 10.01-A GENERAL INFORMATION ABOUT DOMESTIC VIOLENCE PROTECTION ORDERS REVISED 9/1/ 04 Discard all previous versions of this form American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 [Side 2 of Form 10.01-A] CIVIL PROTECTION ORDERS What is a Civil Protection Order (CPO)? A CPO is issued by a domestic relations court to protect a victim of domestic violence. A CPO is intended to prevent further domestic violence. It orders someone who has been abusive to do or not do certain things in the future. You may want to consider getting a CPO even if you have a TP O from a criminal court because a CPO lasts longer and provides more benefits such as child custody and support orders. Violating a CPO is a crime. If the Respondent violates the CPO, he or she may be arrested, jailed, and fined for disobeying the CPO. A CPO can remain in effect for up to five years. If the Respondent violates the CPO, you can call the police, go back to the domestic relations court to file a contempt charge, and go to the prosecutors office to have the Respondent charged with the crime of violating the CPO. Why get a Civil Protection Order? If you are a victim of domestic violence, a CPO may help you. Once domestic violence starts, the violence often happens more often and gets increasingly severe. A CPO may stop this cycle of violence because the court orders the Respondent to stop hurting or threat ening you and your family or household members. A court can use a CPO to order the Respondent to stay away from you for up to five years. A CPO can give you time to "sort things out" and decide what you want to do next without having to be afraid all of the time. If your children have seen domestic violence, a CPO may give all of you a chance to get some help so that you and your children are safe. Domestic violence is a crime. A CPO tells the Responde nt you and the court are serious about requiring the Respondent to stop his or her abusive behavio r and not to hurt or threaten you again. A CPO sets some "rules" that the Respondent must obey wh ile the CPO is in effect. These rules may require the Respondent to pay child or spousal support; give up posse ssion of a home or car; and/or obey the courts orders about visitation. A CPO issued by a domestic relations court may last longer than a TPO issued by a criminal court and can provide more kinds of help. You should know that if you get a CPO, the TPO from criminal court will end although the criminal case will continue. Who can get a Civil Protection Order? You can apply for a CPO if you are related to the Respond ent by
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