Domestic and Dating Violence Civil Protection Orders

A protection order is an official document from a Judge. When a Judge issues a protection order, the Judge is ordering the "respondent" (the person you allege to have committed the act of domestic violence) to stop certain actions to help keep you safe. 

The protection order can tell a respondent to stop actions like:

• Hurting you
• Threatening you
• Contacting you
• Coming to your home or workplace

There are different types of protection orders in Ohio, including civil, criminal and temporary protection orders. Learn more about the different kinds of protection orders in Ohio at Ohio Legal Help.

• A Domestic Violence Civil Protection Order protects you from threats or violence from a family or household member.
• A Dating Violence Civil Protection Order protects you from threats or violence from someone you are or were recently dating. The Court defines dating as a mutual, romantic or intimate relationship with an adult who is not part of your household. The relationship must have happened within the past year.

Remember that filing for a civil protection order does not guarantee your safety.

If you have a criminal protection order in place and are interested in a civil protection order, you are encouraged to speak with a lawyer to understand how filing could affect your safety and how it could end your criminal protection order.

How to get a Domestic Violence or Dating Violence Civil Protection Order in Lorain County

To get a Domestic Violence or Dating Violence Civil Protection Order:

• Consider talking to an expert. Before you file, you may want to talk to an advocate from a local domestic violence organization or an experienced lawyer. You can find local domestic violence organizations under "Local Government and Community Resources" and organizations that can connect you with an attorney under "Legal Help and Lawyers." Advocates and lawyers can help you understand any additional risks you might have, connect you with services and help you complete the forms. Advocates may also be able to go to court with you. 
• Get the forms. You can use the form assistant on this site for a Domestic Violence or Dating Violence Civil Protection Order. Include details about the recent violence, threats and stalking and a history of past violence, threats and stalking. You can attach additional pages. The Court may limit your case to the incidents described in the forms. So, be sure to include all incidents you want considered.
• [INSERT FILING INSTRUCTIONS]
• Attend the ex parte hearing (if requested). On the day that you file, the Court will hold an emergency hearing, called an "ex parte" hearing. The respondent does not attend the ex parte hearing. At this hearing, you (and your lawyer, if you have one) meet with the Judge. The Judge reviews your forms and may ask you some questions. Then, the Judge decides whether or not to issue an emergency "ex parte" protection order that starts immediately. 
• Complete service. “Service” is when the Court officially tells the respondent about your filing. When you fill out your civil protection order forms, you will complete the “Request for Service” on the last page of the petition. Ohio rules say that the first method of service in a civil protection order case must be personal service by the Sheriff. It's recommended that you also select "certified mail" to help make sure service is successful. Your case cannot be heard at the full hearing until service has been completed.
• Attend the full hearing. Whether or not you are given the emergency, "ex parte" protection order, the Court will hold a full hearing, usually within 7 or 10 business days, that the respondent may attend. At the full hearing, you testify and present evidence including any witnesses to show the Judge why you need a protection order. You must show that there has been a recent threatening or violent act and that there is a danger of future violence. A lawyer can help you prepare evidence. If you want protection for your children or other family or household members, you must show why they are in danger, too. The respondent also has a chance to present evidence.
• Be careful with consent agreements. A “consent agreement” is where the parties negotiate and agree to the terms of the protection order. Unlike with a regular protection order, getting a consent agreement means that the Court does not make a finding that the violence occurred, only that the parties agreed to the order. Some Courts may consider a “mutual stay away order” which is different than a consent agreement. If the other party wants to negotiate a consent agreement or “mutual stay away,” you may want to consider speaking with a lawyer first to see if it could put you at legal risk. 
• Get a court order. If the Court decides to grant the civil protection order, it will be issued at the end of the hearing. Keep your protection order with you in case you need to call the police to enforce it. Give copies to people who may need it (like your child’s school or local law enforcement). You can also share it with your employer if you feel comfortable disclosing that information.

How to enforce a protection order

If the respondent breaks the rules of a civil or criminal protection order, it is a “violation of the protection order” and they can be arrested or face other consequences.

If there is a violation of a civil or criminal protection order:

• Call the police. The police can enforce protection orders by arresting the violator.
• The police or prosecutor can file criminal charges. If convicted, the respondent can face fines, probation or jail time.
• For civil protection orders, the Court that issued the order could also find the respondent in Contempt of Court. When someone violates a civil protection order, you can ask the Court that issued the order to find them in contempt. If found in contempt, the respondent can face fines or jail time. Filing for contempt is complicated. Consider talking to a lawyer or advocate before filing.