How To Get A Restraining Order In Ohio

In Ohio, a restraining order is issued after a complaint is lodged concerning an individual's abuse or the threat of abuse by another party. This legal document, signed by a judge, serves to protect a victim who has faced violence or is at risk of future harm. Typically, the order prohibits the named perpetrator from being near or communicating with the complainant for the duration specified in the document.

Ohio Revised Code Sections 2919.26 and 3113.31 outline the qualifications and processes for obtaining a restraining order. Restraining orders may be addressed in civil or criminal proceedings. Civil restraining orders are documented within Ohio civil court records, while orders issued during criminal proceedings may be found in Ohio's criminal court documents.

Types Of Restraining Orders in Ohio

In Ohio, restraining orders can be categorized as either civil or criminal. Civil Protection Orders (CPOs) and Civil Stalking or Sexually Oriented Offense Protection Orders (SSOOPOs) are issued in civil proceedings. In contrast, Criminal Protection Orders (CRPOs) and Domestic Violence Temporary Protection Orders (DVTPOs) pertain to criminal cases. Each type of protection order is issued in specific circumstances by different courts within the state. However, one can file for any of the orders in any court.

A Civil Protection Order (CPO) is typically granted by a Domestic Relations Court to shield an individual from domestic violence. This order is generally sought following a prior incident of abuse involving a household member or someone closely associated with the complainant. Conversely, an SSOOPO is issued in instances of unwanted stalking, as outlined in Ohio Revised Code § 2903.214.

Criminal restraining orders, on the other hand, are issued in response to offenses such as criminal mischief, property damage, domestic violence, child endangerment, or felonious and aggravated assaults, whether they have occurred or are anticipated to happen.

Are Restraining Orders Public Records In Ohio?

Yes. Protection orders are classified as court records in Ohio, which are presumed open to the public under Rule 45 of the Ohio Courts' Rules of Superintendence. According to these regulations, these records are generally considered available to the public, meaning individuals can review and duplicate restraint records.

However, this accessibility does not extend to restraining orders related to criminal cases that have been expunged, sealed, or pertain to juveniles, as well as records containing sensitive personal or governmental information.

Despite these exceptions, certain information may be discoverable through background checks and available to prospective employers or landlords.

How To Look Up Restraining Orders In Ohio

Generally, to obtain case records from courts, requesters will need to provide the case number, the name of an individual involved in the case, or the file date.

Can You Look Up a Restraining Order Online?

Yes. Restraining orders can be found online by searching court case management systems. However, researchers may encounter restrictions, as certain publicly available records, particularly older documents, may not be retrievable online. Additionally, restraining orders containing information about or related to minors may only be accessible to the parties directly involved and are not typically available remotely.

In addition to an Ohio court's remote access system for restraining orders, individuals can also explore third-party websites to locate records of such orders within the state.

How To File A Restraining Order In Ohio

Once the petitioner identifies the appropriate type of Ohio restraining order for their situation, they will need to complete the necessary form:

• Civil Stalking Protection Order or Civil Sexually Oriented Offense Protection Order: Form 10.03 G
• Domestic Violence Protection Order: Form 10.01 A

Each requires notarization, and valid identification must be presented to the notary.

The subsequent steps will depend on whether a civil or criminal restraining order is needed. For a Civil Protection Order (CPO), the petitioner can file the petition along with any relevant documents with the Domestic Relations Court or any preferred court. A hearing date will be set, and the respondent will need to be served, usually by the Sheriff or a neutral adult aged 18 or older.

To obtain a criminal restraining order, certain conditions must be met:

• A criminal charge must be filed.
• The petitioner must be the victim of the crime.
• The relationship between the petitioner and the respondent must align with legal specifications (as outlined in Ohio Rev. Code §§ 2919.26 and 3113.31)

If these criteria are satisfied, the petitioner can submit the petition. If sufficient evidence is presented, a hearing date will be set, and the respondent/defendant will be served.

Both parties are expected to be present at the court hearing, where the magistrate or judge will rule on issuing the restraining order. Violating a restraining order in Ohio may result in penalties, including up to six months in jail, a fine of up to $1,000, or probation with mandated counseling.

Can You File A Restraining Order For No Reason In Ohio?

No. Ohio statutes do not allow a member of the public to file a restraining order without valid grounds. The only basis for seeking such an order is the fulfillment of the conditions outlined in the applicable laws governing restraining orders.

What Proof Do You Need For A Restraining Order In Ohio?

In Ohio, a person must provide substantial evidence to claim they are in danger of harassment or immediate harm when requesting a restraining order. Such evidence must be presented to the judge and can include notarized eyewitness testimonies, written threats, audio or video recordings of threats, medical records of injuries caused by the abuser, photographs of damage/injury, emails, and police reports. The evidence presented helps the judge determine whether to issue the restraining order.

How Long Does It Take To Get A Restraining Order In Ohio?

Acquiring a civil restraining order usually takes seven to ten days. This type of order is valid for a longer period than a criminal protection order. The civil restraining order is issued after a scheduled court hearing with both parties involved in the case, during which the judge determines whether the presented circumstances justify the order.

On the other hand, a criminal restraining order is a temporary order that provides emergency protection when necessary. It can be granted on the same day, provided an ex parte hearing is held.

How Long Does A Restraining Order Last In Ohio?

Ohio has two types of restraining orders: civil and criminal. A Criminal Protection Order is valid only while the related charge remains unresolved; it expires once the case is resolved, typically within seven to ten days.

On the other hand, a Civil Protection Order or Civil Stalking Protection Order can be effective for up to five years, with the possibility of renewal for an additional five years. However, a renewal for a Civil Protection Order must be requested before the current order expires to be granted.

How Much Does A Restraining Order Cost in Ohio?

The process of filing a restraining order in Ohio is typically free. Whether the petitioner is filing, modifying, enforcing, dismissing, or serving a restraining order, or the respondent is obtaining one, no fees are incurred. The only potential cost arises if the petitioner or respondent hires an attorney.

Can You Cancel A Restraining Order In Ohio?

Yes. In Ohio, a restraining order can be canceled or modified at the petitioner's or respondent's request. However, only the court can grant and enforce such requests. Neither party can overturn or withdraw the court's decision without a formal hearing and the court's judgment.

To cancel or modify a restraining order, the requester must follow these steps:

• Complete the Motion: Fill out the form designated by the court. For example, Form 10.01 should be completed to cancel or dismiss a civil protection order related to domestic violence or dating violence.
• Provide Justification: The motion must outline legitimate reasons why the order should be lifted or changed.
• Attend the Hearing: A hearing date will be fixed, and the petitioner and the respondent must be present.

If the court grants the request, it may require both parties or only the abuser to participate in counseling, anger management classes, or other appropriate programs, ensuring the initial petitioner's safety is prioritized.