Law enforcement uses restraining orders to keep abusers from continuing to harm victims.
Judges issue restraining orders to protect people who have already been victimized from suffering further abuse or harassment. In Ohio, two types of restraining orders are available: Domestic Violence Protection Orders and Stalking or Sexually Oriented Offense Protection Orders. To obtain such an order, the victim (called the petitioner) should go to court and file paperwork. The court will then hold a hearing on the case, at which both parties may testify.
Domestic Violence Protection Orders
Under Ohio law, Domestic Violence Protection Orders protect people who have been the victim of domestic abuse. Domestic abuse is violence committed by a family or household member. Family members include relatives by blood, marriage, and adoption; household members are anyone you have lived with.
Types of violence that are considered domestic abuse under Ohio law include: physical abuse and harm; threats that make you afraid you will be caused physical harm; and any behavior that would result in abuse of a child.
Stalking or Sexually Oriented Offense Protection Orders
Stalking or Sexually Oriented Offense Protection Orders protect you from certain offenses committed by anyone, whether you have a relationship with them or don't even know them. You may file for this type of restraining order against anyone who has stalked you (engaged more than once in activity that knowingly caused you mental distress or fear of physical harm), or against anyone who has committed a sexually oriented offense against you, such as rape, sexual assault, or drugging to force sexual acts. Types of actions that might qualify for a Stalking Protection Order include hurting your pets, making threatening phone calls, or vandalizing your property.
Process
The forms to file a restraining order in Ohio are available at the courthouse and online. The petitioner (person filing for the restraining order) should go to the courthouse in the county where the petitioner or the respondent lives, or where the abuse happened. On the paperwork, you will need to give information such as your own contact information, a physical description of and locating information for the respondent (the alleged abuser), and a detailed description of the abuse.
In Ohio, you may request a temporary restraining order to protect you immediately until the court can schedule a hearing and notify the respondent. This type of restraining order can be issued without the respondent present. At the full hearing, however, both parties will have the opportunity to testify and present evidence, after which the judge will rule on whether to grant a full restraining order. Ohio law allows restraining orders to last up to 5 years, and they are renewable.
Violation
Violation of an Ohio restraining order is a 1st degree misdemeanor. Once a restraining order is issued, it cannot be violated, even with the petitioner's permission, or the respondent may be immediately arrested. Only a written court order can change or dismiss a restraining order once it is issued.
Tags: restraining order, Protection Orders, restraining orders, Domestic Violence, Domestic Violence Protection, Offense Protection