,

Ohio Temporary Protection Orders: a Type of Restraining Order

Our website has an article with the title, “Civil Protection Order: What Happens During a CPO Case in Ohio?” In said article, we mention how there are several types of “restraining orders.” Terms such as restraining order, no-contact order, protection order etc. are all broad descriptions for several types of court orders in Ohio. We wrote about Civil Protection Order because they are a specific type of protection order that generates a lot of interest. This article talks about another type of protection order and how it used in Ohio: Temporary Protection Orders.

What is a Temporary Protection Order?

Out of all the types of protection orders, one of the most self-explanatory names is Temporary Protection Order (TPO). Here is an unofficial definition: It is a court order restricting one party’s access to another party in some way that is meant to eventually go out of effect. The concept may still be confusing because other types of protection orders can be temporary. That is, they may have a date when they cease to be in effect. The difference is in the purpose of TPOs. Some protection orders exist for their own sake. Some court cases deal solely with protection orders.

TPOs on the other hand usually exist for the sake of a separate proceeding. They are temporary because they are only made to exist as long as the other proceeding lasts.

When Does a Case Use a TPO?

A TPO is often part of a criminal case. TPOs are especially common in cases regarding offenses of violence. The TPO restricts the defendant’s access to the alleged victim while the case is going on.

Under some circumstances, someone other than the court can file for a TPO. Section 2919.26 of the Ohio Revised Code (ORC) describes the process requirements someone to file for a TPO.

What Happens if You Violate a TPO?

Violating a TPO is a criminal offense. In fact, violating any protection order is a criminal offense. The penalties for violating a TPO depend on many factors in the case. But ORC Section 2919.26(H) allows the court to issue another TPO as the result of a defendant violating the first one.

Conclusion

In Ohio, Temporary Protection Orders are not uncommon. They are often part of criminal cases. Violating a TPO is a criminal offense in itself. There are other specific types of restraining orders, but TPOs are ones that we see quite often/. If you have questions regarding any type of protection order, or any type of criminal proceeding, feel free to contact us! Our expert attorneys have practiced criminal defense for over thirty years, primarily in Warren County, Montgomery County, and the surrounding areas.