If you are involved in a domestic violence situation in Sandusky or anywhere in Erie County, Ohio you have options to protect yourself and your family. One of these options is to file for a protection order.
While filing a protection order may seem overwhelming and complicated, at Kademenos, Wisehart, Hines, Dolyk & Wright Co., L.P.A., our experienced family law attorneys know how to make this process go smoothly and can help ensure your rights are respected.
GETTING AN ERIE COUNTY PROTECTION ORDER
Filing a protective order requires you to allege that someone either threatened physical violence or committed physical violence against you or a member of your family/household. Your allegation must include a description of the extent and nature of domestic violence.
The purpose of a civil protection order (CPO) in Erie County is to prevent further domestic violence. The order prohibits the respondent from taking certain actions that have to do with you and/or your family and household members. Even if you obtained a temporary protection order (TPO) from a criminal court, you may want to consider a CPO from a domestic relations court since it provides additional benefits and lasts longer.
Reasons for Getting a Civil Protection Order
Domestic violence tends to increase in frequency and severity over time. And obtaining an Erie County protection order can help you significantly.
By obtaining a civil protection order, the court orders your abuser to cease all threats and abusive behavior against you, your family, or any member of your household. In Ohio, a CPO can direct a respondent to stay away from you for a period of up to five years.
An Erie County protection order can accomplish several things:
- A CPO gives you time to figure out what to do next and removes some fear of abuse.
- CPOs inform respondents that you and the legal system demand that the abusive behavior stop immediately. If it does not, further legal consequences will occur.
- A CPO requires the respondent to follow a series of rules. For example, they may be required to relinquish possession of their vehicle or home. Additionally, they may be required to provide spousal or child support.
Who Qualifies for a Civil Protection Order?
You may apply for a civil protection order if you:
- Are related to the respondent by marriage or blood
- Were once married to the respondent
- Are now living or have lived with the respondent within the past five years
- And the respondent have a child together
- Are dating the Respondent
Proof Required for a Civil Protection Order
Under Ohio law, domestic violence is any attempt to cause bodily injury to another party or placing another person in fear of impending serious physical harm through the threat of force or committing a sexually-oriented crime. To get a CPO, must prove that the offender committed domestic violence against you or a family/household member.
If the court finds an imminent and present danger of domestic violence, it may grant a temporary protection order. Following the temporary Erie County protection order, the court may forward with a full hearing.
Conditions of a Civil Protection Order in Erie County, OH
Some of the conditions imposed through a civil protection order in Ohio may include:
- Ordering them to vacate the household
- Instructing the respondent to stop any and all abuse of family/household members
- Directing them to not enter the home, apartment, school, and/or workplace of family or household members
- Awarding of spousal support, child support, child custody, and/or visitation rights
- Awarding the division of property and/or assets
Procedure for Getting an Erie County Protection Order
It is not necessary to have legal counsel to request and obtain a CPO. You can go directly to Erie County’s Domestic Relations Court and make a request to file a protection order.
The court will hold a hearing the same day you file a petition to determine if an ex parte protection order is necessary. If granted, the order will remain in effect until a full hearing occurs. This hearing will be scheduled within seven to 10 days of the original petition.
During the full hearing, you will have the chance to explain to the judge why a CPO is necessary to protect you and/or your family. At this time, the respondent will also have the opportunity to offer their side of the case.
Contact an Experienced Family Lawyer
If you’re facing a difficult domestic situation that involves a CPO, threats, or claims of violence, contact the family lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co., L.P.A. today. We can guide you and represent your interests.
Call us today at (419) 625-7770 to request a free consultation.