While working on criminal cases in Southwest Ohio, our attorneys spend a lot of time in criminal court. However, sometimes our cases can take us to the Domestic Relations (DR) or civil court, even in criminal cases. This is likely to happen now and then, especially when we are dealing with Domestic Violence (DV) cases. DV is a crime in Ohio, and therefore DV cases are criminal cases. At the same time, a case involving DV often has a component in the DR court. One thing that is handled by the civil side of the court is a Civil Protection Order (CPO). While CPOs can be parts of many different type of cases. There is a relationship between Civil Protection Orders and Domestic Violence in Ohio. Many people may think of the two concepts to each other. In this article, we will explore how they relate to each other.
Other Types of Protection Orders
In criminal court, the Court will sometimes issue a protection order as part of a criminal case. Any crime of violence (including DV) often prompts the court to issue a protection order while the case is ongoing, even if the justice system has not determined that there was any wrongdoing. This type of protection order is called a Temporary Protection Order (TPO) and it is different from a CPO. However, CPOs can be part of a DV case in their own right.
Civil Protection Orders in General
As we said, there is a relationship between Civil Protection Orders and Domestic Violence in Ohio. But CPOs can be part of many different types of cases. They can also be their own case. A protection order does not have to have a criminal charge connected to it. Someone can request a CPO in Ohio for any number of reasons. We have other articles that go much deeper into the process for CPOs. To summarize the process, the Court initially decides whether or not to grant the CPO after hearing only one side (the side of the party who files for the protection order). If a protection order is placed, the case can be set for a full hearing to determine how long the CPO will remain in affect. If DV is the reason for filing the CPO, there will often be a criminal DV case going on simultaneously. However, this is not necessarily true. Civil Protection Orders are separate from criminal proceedings, even if those proceedings are from the same incident.
Conclusion
Civil Protection Orders and Domestic Violence in Ohio are often part of the same cases. However, protection orders do not always have to do with DV. In many DV cases, some sort of protection order is put in place. The Court may emplace a TPO, and the alleged victim can file for a CPO as the Respondent. Violating a protection order of any kind is a crime, but CPOs do not necessarily have anything to do with DV every time. If you need the help of an expert attorney navigating a case involving a protection order, fee free to contact the expert attorneys at Dearie, Fischer & Martinson.
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