When discussing restraining orders in Ohio, it’s important to remember that they are not the same as a protection order. A domestic relations court typically issues a restraining order during a case of divorce or legal separation with an abusive spouse. This order remains in place until the divorce or separation is complete, at which point, the order terminates. It needs to be noted that the police do not enforce these orders. It’s the responsibility of the protected spouse and their attorneys to notify the court of a violated order. 

A protection order, on the other hand, is enforced by the local police. These orders are available to victims of domestic violence, sexual assault, and stalking. Understanding the differences between a restraining order and a protective order can help you plan your next move better. Here are some things to consider when considering your options. 

Considering Filing a Protection Order

First and foremost, it’s essential to understand that a protection order is often seen as the final solution for your situation. Here are some things to consider before going through with the process:

  • Filing a protection order makes a statement that you intend to end the relationship which may increase the danger for the short term
  • If you are an LGBTQ survivor, know that filing for protection may out your sexual orientation
  • If your abuser or stalker does not know what county you live in, filing an order makes that information public

The Different Types of Protection Orders

Knowing the different types of protection orders can help you better understand what order best fits your situation. Here are the different kinds of protection orders and what they’re based on:

Domestic Violence Civil Protection Order

This order can last up to five years and can be renewed once the order expires. Those who can file for one of these orders include:

  • Spouses or former spouses
  • Parent, child, foster parent
  • People who have kids together
  • Intimate partners who have lived together in the last five years
  • Same-sex couples

These protection orders are dealt with in a Domestic Relations Court where the abuser lives. These orders are based on the abuser causing or attempting to cause injury or placing the victim in fear of imminent harm. 

Dating Violence Civil Protection Order

This order can last up to five years and can be renewed once the order expires. Those who can file for one of these orders include:

  • A person who is or was in a dating relationship over the last 12 months
  • This protection order does not include a casual acquaintanceship or regular fraternization during a business or social context

These protection orders are dealt with in a Domestic Relations Court where the abuser lives. These orders are based on causing or attempting to cause injury to a dating partner. 

Stalking Protection Order

This order can last up to five years and can be renewed once the order expires. Those who can file for one of these orders include:

  • Any person who is a victim of stalking
  • This order does not require an established relationship with the stalker

These orders are handled in a Common Pleas Court where the victim lives. These orders are based on a pattern of conduct closely related in time that makes the victim believe a stalker will cause harm. 

Sexually Oriented Offense Protection Order

This order can last up to five years and can be renewed once the order expires. Those who can file for one of these orders include:

  • Anyone who is a victim of a sexually oriented offense
  • No past relationship is required
  • This case does not have to be criminally prosecuted

These orders are handled in a Common Pleas Court where the victim lives. These orders are based on sexual assault or unwanted sexual contact. 

Juvenile Protection Order

This order lasts until the abuser reaches the age of 19. Those who can file for one of these orders include:

  • Victims of abuse by a person who is under 18
  • A victims parent
  • Other parties the court approves

These orders are handled in a Juvenile Court where the victim lives. These orders are based on assault, stalking, sexual offenses, or threats of harm. 

Fill Out and Turn In the Forms

Each type of protection order in Ohio requires its own forms and steps. Without legal experience or professional consultation, it can be challenging to fill out these forms successfully. This is when hiring an attorney can help. 

If you need help finding an attorney in Ohio, our team at eLocal is here to help.

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