Have you been served with a restraining order after an accusation of domestic violence or a sexual offense in Sandusky, Ohio? Wisehart Wright Trial Lawyers can help when you call 419-871-9952. Our firm offers a free consultation with a Sandusky restraining order lawyer who understands what’s at stake and how quickly these matters can escalate.
Restraining orders carry strict conditions, and even an unintentional violation can lead to serious legal and personal consequences. An experienced attorney can explain your obligations, protect your rights, and help you respond appropriately to the allegations.
Why Choose Wisehart Wright Trial Lawyers To Help You Defend Against a Restraining Order in Sandusky, OH?
Wisehart Wright Trial Lawyers is dedicated to fighting to protect the rights and best interests of the accused. Our clients trust us because we prioritize transparent, honest, and aggressive legal representation when it matters most. We bring an unmatched level of experience, strategy, and knowledge of Ohio criminal law to our clients’ cases.
Here’s why clients in Sandusky, OH, choose us:
- Wisehart Wright Trial Lawyers has been fighting to protect the rights of the accused in Ohio since our opening. Our team has more than 181 years of combined experience.
- Representing thousands of clients in state and federal courts, we’ve helped them achieve favorable plea bargains, not-guilty verdicts, and other positive outcomes when their futures were on the line.
- Backed by decades of experience handling criminal matters as prosecutors and defense attorneys, we provide our clients with unique insights and strategies that regularly help them achieve the best outcomes in their criminal cases.
- Members of our legal team have been included in/as the National Trial Lawyers: Top 40 Under 40, Martindale-Hubbell’s Client Distinction Award recipients, and Super Lawyers.
Your choice of attorney matters when you’re facing criminal charges related to a restraining order. In fact, your choice could be the difference between harsh penalties – including jail time – or walking away with your future and reputation intact.
Contact our law office today to speak with a Sandusky criminal defense attorney about your restraining order violation case during a free consultation.
What Is a Restraining Order?
A restraining order is a legal obligation to stay away from another person.
In Ohio, they’re typically known as “protection orders” and can be issued when one person (the petitioner) has “good cause” to prove that another person (the respondent/defendant) has endangered the petitioner’s safety by committing an act of:
- Domestic violence
- Criminal violence, including some misdemeanors
- Stalking
- Assault
- Dating violence, or
- Aggravated trespass.
If you’re served with a restraining order, it can require you to:
- Cut off all communication with the petitioner
- Stay a certain distance from the petitioner, their home, and/or their family members (including shared children)
- Move out of your home if you live with the petitioner
- Suspend your rights under any child custody agreements
- Get rid of your firearms
It’s important to read the specific terms of your protective order. Any violations of the terms can lead to significant civil and/or criminal penalties.
Are There Different Types of Restraining Orders in Ohio?
Yes. In fact, there are two types of restraining orders in Ohio: civil and criminal. There are additional types of restraining orders within these categories.
Civil Protection Orders
Civil protection orders (CPOs) aren’t connected to ongoing criminal cases. This means that a person doesn’t have to be charged with a crime to have a CPO issued against them. Instead, the petitioner must provide evidence that the defendant has engaged in conduct that puts them or their family members in harm’s way.
There are four types of civil protection orders in Ohio:
- Domestic Violence Protection Order (DVCPO)
- Juvenile Civil Protection Order (JCPO)
- Civil Stalking Protection Order (CSPO)
- Civil Sexually Oriented Offense (CSOOPO)
Judges can grant same-day emergency civil protection orders or temporary protection orders after a full hearing. Depending on the circumstances, CPOs can last for up to 5 years.
Criminal Protection Orders
In Ohio, a criminal court may issue a Domestic Violence Temporary Protection Order (DVTPO) or a Criminal Protection Order (CRPO) during a pending criminal case to protect a victim; these are protection orders tied to the criminal charges and last only as long as the case is pending.
Criminal protection orders can be issued when a defendant is charged with any of the following crimes in Ohio:
- Domestic violence
- Stalking
- Criminal damaging or endangering
- Criminal mischief
- Burglary
- Aggravated trespass
- Sexually oriented offenses
- Any offense of violence under R.C. 2901.01
These protection orders are issued on a temporary basis and remain in effect until the defendant’s criminal case is resolved. Many times, civil protection orders are issued to replace criminal protection orders when a defendant is convicted of a crime or there is clear and convincing evidence that they pose a threat to the petitioner’s safety.
What Are the Penalties for Violating a Restraining Order?
In Ohio, violating a restraining order can carry different criminal penalties, depending on the level of the charge. The crime can be classified as a First-Degree Misdemeanor, Fifth-Degree Misdemeanor, or a Third-Degree felony. The degree of the charge is most often related to the number of times a defendant violates a restraining order.
A first offense for violating a restraining order in Ohio is usually a First-Degree Misdemeanor, punishable by a maximum of:
- 180 days in an Erie County jail
- $1,000 fines
If a restraining order is violated two or more times, you can face charges for a Fifth-Degree Misdemeanor, which carries maximum penalties of:
- 12 months in an Erie County jail
- $2,500 in fines
If a restraining order is violated while another felony offense is being committed – like burglary or aggravated assault – the charge can be a Third-Degree Felony punishable by 1 to 5 years in an Ohio state prison and up to $10,000 in fines.
There are other possible penalties for violating a restraining order in Ohio, which often include:
- Additional criminal charges, including contempt of court
- Loss of the right to own a firearm
- Adverse child custody consequences
It’s important to defend against allegations that you’ve violated a restraining order in Sandusky, Ohio. A conviction won’t just lead to harsh criminal penalties – it can have long-lasting consequences for your reputation, career, family, and life in general.
How Can I Defend Against Charges That I’ve Violated an Ohio Restraining Order?
Just because someone says you’ve violated the terms of a restraining order in Sandusky doesn’t mean you’ll be convicted of the crime. These are serious allegations and, pursuant to Ohio criminal law, must be proven by the state beyond a reasonable doubt.
Potential defenses to violating a restraining order often include:
- You were never made aware that you were subject to a restraining order
- You violated the restraining order accidentally and without intent
- You’ve been falsely accused of the violation or the underlying reason for the restraining order
Our Sandusky restraining order attorneys will gather evidence that can help to disprove the charges – including photographs, cell phone records, witness statements and depositions, video footage, and social media posts.
We can work to determine if your rights have been violated in any way, which can be used to get the court to dismiss your case or get the prosecution to drop the charges.
Call Our Sandusky Restraining Order Lawyers for Help With Your Criminal Case
Being accused of violating a restraining order in Sandusky, Ohio, can carry serious consequences, including jail time, steep fines, and lasting damage to your reputation, career, and family relationships. Fortunately, you don’t have to defend yourself against criminal charges alone. Hiring an attorney is not only your right, but it’s also your best way to protect your future.
At Wisehart Wright Trial Lawyers, we’re a team of award-winning Sandusky restraining order lawyers with decades of combined experience fighting for the accused. Our relentless pursuit of justice and winning legal strategies have allowed us to obtain the best possible results for thousands of clients– including reduced charges, dropped charges, and not-guilty verdicts at trial.
Count on our criminal defense law firm to help you navigate your restraining order violation case, too. Call our Sandusky law office today to get started.