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Order Of Protection (Criminal Stalking Protection Order) 10.03B - Ohio
| Order Of Protection (Criminal Stalking Protection Order) Form. This is a Ohio form and can be used in Criminal Hamilton County (Court Of Common Pleas) . |
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IN THE COURT COUNTY, OHIO Order of Protection Case No. Per ORC 2903.213(G)(2), th is order is indexed at Judge/Magistrate County State OHIO LAW ENFORCEMENT AGENCY WHERE INDEXED ( ) - PHONE NUMBER CRIMINAL STALKING PROTECTION ORDER (SPO) STATE OF OHIO/CITY OF (R.C. 2903.213 ) v. New Order Modification of Old Order DEFENDANT ALLEGED VICTIM: PERSON(S) PROTECTED BY THIS ORDER: Alleged Victim: DOB: Alleged Victims Family or Household Member(s): DOB: First Middle Last DOB: DOB: DOB: DEFENDANT: DEFENDANT IDENTIFIERS SEX RACE HT WT EYES HAIR DATE OF BIRTH First Middle Las t Address where Respondent can be found: DRIVERS LIC NO. & EXP. DATE STATE Distinguishing Features: FIREARMS ACCESS PROCEED WITH CAUTION Ex Parte SPO Granted: Date Issued SPO Granted: Date Issued (Violence Against Women Act, 18 U.S.C. 2265, Federal Full Faith & Credit Declaration: Registration of this form is not required for enforcement.) THE COURT HEREBY FINDS: That it has jurisdiction over the parties and subject matter, and the Defendant has been provided with reasonable notice and the opportunity to be heard within the time required by Ohio law. Additional findings of this order are set forth below. THE COURT HEREBY ORDERS: That the above named Defendant be restrained from committing acts of abuse or threats of abuse. That the above named Defendant be restrained from contact with Al leged Victim and other protected persons named in this order, as set forth below. Additional terms of this order are set forth below. WARNINGS TO DEFENDANT: See the warnings page attached to the front of this Order. FORM 10.03-B CRIMINAL STALKING PROTECTION ORDER (SPO) REVISED 9/1/04 Discard all previous versions of this form American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 2 [Side 2 of Form 10.03-B] Case # ___________________________ The motion filed on , 20 was heard ex parte SPO / SPO (circle one) on , 20 . The court finds the motion of the alleged victim for a Stalking Protection Order is well taken. The court finds that the safety and protection of the alleged victim and protected persons named in this Order may be impaired unless the court acts. The following provisions of this order are designed to enhance the safety of those covered by its terms. They are issued to the defendant as pretrial conditions of defendants release, in addition to any bail. ALL OF THE PROVISIONS CHECKED BELOW APPLY TO THE DEFENDANT 1. DEFENDANT SHALL NOT ABUSE the protected persons named in this Order by harming, attempting to harm, threatening, molesting, following, stalking, bothering, haras sing, annoying, contacting, or forcing sexual relations on them. [NCIC 01 and 02] 2. DEFENDANT SHALL NOT ENTER the residence, school, business, place of employment, or day care centers of the protected persons named in this order, including the bu ildings, grounds and parking lots at those locations. 3. DEFENDANT SHALL NOT INTERFERE with protected persons right to occupy the residence including, but not limited to canceling utilities, insurance, interrupting phone service, mail delivery, or the delivery of any other documents or items. [NCIC 03] 4. DEFENDANT SHALL SURRENDER all keys and garage door openers to the following residence: at the earliest possible opportunity after service of this Order to the law enforcement agency that serves Respondent with this Order or as follows: 5. DEFENDANT SHALL STAY AWAY from protected persons named in this order, and shall not be present within 500 feet or (distance) of protected persons, wherever protected persons may be found, or any place the Defendant knows or should know the protected persons are likely to be, even with protected persons permission . If Defendant accidentally comes in contact with protected persons in any public or private place, Defendant must depart immediately. This order includes encounters on pub lic and private roads, highways, and thoroughfares. [NCIC 04] 6. DEFENDANT SHALL NOT REMOVE, DAMAGE, HIDE, OR DISPOSE OF ANY PROPERTY OR PETS owned or possessed by the protected persons named in this Order. 7. DEFENDANT SHALL NOT INITIATE OR HAVE ANY CONTACT with the protected persons named is this order at their residences, businesses, places of employment, schools, day care centers, or babysitters. Contact includes, but is not limited to, telephone, fax, e-mail, voice mail, delivery service, writings, or communications by any other means in person or through another person. [NCIC 05] 8. DEFENDANT SHALL NOT CAUSE OR ENCOURAGE ANY OTHER PERSON to do any act prohibited by this order. 9. DEFENDANT SHALL NOT POSSESS, USE, CARRY, OR OBTAIN ANY DEADLY WEAPON. Defendant shall turn over all deadly weapons in Defendants possession to the law enforcement agency that serves Defendant with this Order or as follows: Any law enforcement agency is authorized to take possession of deadly weapons pursuant to this paragraph and hold them in protective custody until further Court order. [NCIC 07] 10. IT IS FURTHER ORDERED: [NCIC 08] 11. IT IS FURTHER ORDERED that a copy of this Order shall be delivered to Defendant on the same day that the Order is entered. FORM 10.03-B CRIMINAL STALKING PROTECTION ORDER (SPO) REVISED 9/1/04 Discard all previous versions of this form American LegalNet, Inc. www.USCourtForms.com<<<<<<<<<********>>>>>>>>>>>>> 3 [Side 3 of Form 10.03-B] Case # ___________________________ 12. THIS ORDER REMAINS IN EFFECT: (1) until modified by this court; or (2) until the criminal proceeding arising out of the complaint upon which these orders were issued is disposed by this court or by the common pleas court to which the defendant is bound over for prosecution; or (3) until the court issues a Civil Stalking Protection Order (CSPO) arising out of the same activities as those that were the basis of the complaint filed in this action. IT IS SO ORDERED. JUDGE/MAGISTRATE DATE OF EX PARTE SPO JUDGE/MAGISTRATE DATE OF SPO NOTICE TO DEFENDANT : THE PERSONS PROTECTED BY THIS ORDER CANNOT GIVE YOU LEGAL PERMISSION TO CHANGE OR VIOLATE THIS ORDER. IF YOU VIOLATE ANY TERMS OF THIS ORDER, EVEN WITH THE PROTECTED PERSONS PERMISSION, YOU MAY BE ARRE STED. ONLY THE COURT CAN CHANGE THIS ORDER. IF THERE IS ANY REASON WHY THIS ORDER SHOULD BE CHANGED, YO U MUST ASK THE COURT TO CHANGE IT. YOU ACT AT YOUR OWN RISK IF YOU DI SREGARD THIS WARNING. e R.C. NOTES: By its own definitions [see R.C. complaint that involves a person who is a family or household member. In those cases where the Alleged
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