Information Concerning Protection Orders
PROTECTION ORDERS
General Information If you are in need of immediate help please call 911 !
For an immediate order be sure to request an "Ex Parte" order by checking the correct box on the petition.
There are several types of protection orders created by various statutes in Ohio, and while they have some things in common, there are differences. This information is provided to help you navigate whether you might be eligible to be protected by a protection order, which type you may wish to apply for, where to apply in terms of which county and which court, and how to apply for each type of protection order. Forms are available online or from the courts’ clerk.
This page is not intended as legal advice. Parties are always encouraged to seek legal advice from their attorney. Victims of crime are encouraged to consult with the Auglaize County Victim Advocate at (419) 739-6795 or click here to go the Victim Advocate’s website.
For Victims of Domestic Violence (For more info on DV protection orders and forms, click here.)
If committed by a family or household member or a person that you have been in a dating relationship with, and you or a family or household member have been the victim of any of the statutory forms of Domestic Violence, including stalking, menacing, aggravated trespass, child abuse or a sexually oriented offense, you may apply for a Civil Protection Order (CPO) in the Court’s Domestic Relations Division or Juvenile Division, depending upon the ages of those involved or the circumstances, in the county where you live.
“Domestic Violence” is defined in R.C. Section 3113.31 as any of the following:
“a) The occurrence of one or more of the following acts against a family or household member:
(i) Attempting to cause or recklessly causing bodily injury;
(ii) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 [Menacing by Stalking] or 2911.211 [Aggravated Trespassing] of the Revised Code;
(iii) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;
(iv) Committing a sexually oriented offense.
(b) The occurrence of one or more of the acts identified in divisions (A)(1)(a)(i) to (iv) of this section against a person with whom the respondent is or was in a dating relationship.
This type of protection order protects you and your family from assaultive, menacing or stalking behavior by a family or household member, as defined to include an “Ex” live-in who has resided with you within the last five (5) years, and from such behavior by a person who was in a dating relationship with you within the past twelve (12) months. See definitions in the link provided.
If you would like assistance as a victim of Domestic Violence, or to talk to someone about your situation, you are encouraged to contact the Auglaize County Crisis Center, a private non-profit organization that offers assistance, including assistance on how to file for a Civil Protection Order at http://auglaizecrisiscenter.org/index.html, or call (419) 738-5511. Click here for the Ohio Supreme Court’s General Information on Domestic Violence Temporary Protection Order.
For Victims of Domestic Violence (when an arrest has been made or charges are being filed)
You have the right to request the Court where the case is being prosecuted (Municipal, Juvenile or Common Pleas Court) to seek a Domestic Violence Temporary Protection Order as a part of that case in the jurisdiction where the crime occurred. This type (DVTPO) of protection order lasts only until the criminal case concludes, and does not go beyond that time, but must be heard soon after the filing of the criminal case in court (not just the date of arrest), unless continued for good cause shown. These protection orders may be sought in the criminal case, either by the victim or by the investigating officer, to ensure that it is addressed prior to any release of a charged defendant on bail. Forms for these orders are usually filed by the prosecutor, before the bond hearing or initial appearance.
For more information, see Ohio Revised Code §2919.26 and §2903.213.
If there are pending charges, or if there has been an arrest, you should talk to the arresting officer, and to the prosecuting attorney’s office in the jurisdiction where the crime occurred or is being prosecuted, or to a victim advocate in that jurisdiction.
If the crime occurred in Auglaize County, you should contact the Auglaize County Victim Advocate or the Prosecuting Attorney’s office. While you may also file a petition for a civil order (CPO or CSPO), if you obtain a civil order or protection it may dissolve your Domestic Violence Temporary Protection Order associated with the criminal case. You should consult with the prosecutor handling your case or victim advocate before filing for a CPO that would extinguish the DVTPO. You may wish to also consult with your private legal counsel.
For Victims of Menacing by Stalking (No family, household or dating relationship required.)
For victims of Menacing by Stalking where there is no family, household or dating relationship between the victim and the perpetrator, you may still obtain a Civil Stalking Protection Order in the county where you reside.
2903.211 Menacing by stalking.
(A) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person's belief that the offender will cause physical harm to the other person or the other person's family or household member or mental distress to the other person or the other person's family or household member, the other person's belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, r-computer system, or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:
(a) Violate division (A)(1) of this section:
(b) Urge or incite another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
"Mental distress" means any of the following:
(a) Any mental illness or condition that involves some temporary substantial incapacity;
(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.
Please note that this type of protection order is only for victims of menacing by stalking.
Please note that this allows you to protect you and your family or household members as defined from anyone, even complete strangers, and that there is no requirement that there was any relationship between you and the person you are seeking protection from. Petitions for these types of protection orders must be filed in the Civil Division of the Common Pleas Court in the county where you live.
Sexually Oriented Offenses Protection Orders (SOOPO)
You on your own behalf, or any parent or adult household member may seek a sexually oriented offense protection order on behalf of any other family or household member, by filing a petition against any adult who committed a sexually oriented offense against the person to be protected by the protection order, in the county where the victim resides, or against a juvenile in the Juvenile court where the victim resides. This only protects the victim of the sexual offense. To protect other family or household members, you must file a CPO or CSPO. (If the offender is a juvenile, it must be filed in Juvenile Division in the county where the victim resides.)
If the sexually oriented offender is also a family or household member of the victim or is a person who was in a dating relationship with the victim, you may file for a Civil Protection Order (CPO) in the Domestic Relations division, as explained in that section above.
If the offender is an adult and is not a family or household member of the victim, and is not a person who was in a dating relationship with the victim, you must file for a CSPO/SOOPO in the Civil Division. You may combine the request for a Sexually Oriented Offense Protection Order with either a CPO or a CSPO by making the appropriate allegations on the same forms used for those types of protection orders.
(For more info on CSPO’s, SOOPO’s and forms, click here.)
Information Concerning Protection Orders
PROTECTION ORDERS
General Information If you are in need of immediate help please call 911 !
For an immediate order be sure to request an "Ex Parte" order by checking the correct box on the petition.
There are several types of protection orders created by various statutes in Ohio, and while they have some things in common, there are differences. This information is provided to help you navigate whether you might be eligible to be protected by a protection order, which type you may wish to apply for, where to apply in terms of which county and which court, and how to apply for each type of protection order. Forms are available online or from the courts’ clerk.
This page is not intended as legal advice. Parties are always encouraged to seek legal advice from their attorney. Victims of crime are encouraged to consult with the Auglaize County Victim Advocate at (419) 739-6795 or click here to go the Victim Advocate’s website.
For Victims of Domestic Violence (For more info on DV protection orders and forms, click here.)
If committed by a family or household member or a person that you have been in a dating relationship with, and you or a family or household member have been the victim of any of the statutory forms of Domestic Violence, including stalking, menacing, aggravated trespass, child abuse or a sexually oriented offense, you may apply for a Civil Protection Order (CPO) in the Court’s Domestic Relations Division or Juvenile Division, depending upon the ages of those involved or the circumstances, in the county where you live.
“Domestic Violence” is defined in R.C. Section 3113.31 as any of the following:
“a) The occurrence of one or more of the following acts against a family or household member:
(i) Attempting to cause or recklessly causing bodily injury;
(ii) Placing another person by the threat of force in fear of imminent serious physical harm or committing a violation of section 2903.211 [Menacing by Stalking] or 2911.211 [Aggravated Trespassing] of the Revised Code;
(iii) Committing any act with respect to a child that would result in the child being an abused child, as defined in section 2151.031 of the Revised Code;
(iv) Committing a sexually oriented offense.
(b) The occurrence of one or more of the acts identified in divisions (A)(1)(a)(i) to (iv) of this section against a person with whom the respondent is or was in a dating relationship.
This type of protection order protects you and your family from assaultive, menacing or stalking behavior by a family or household member, as defined to include an “Ex” live-in who has resided with you within the last five (5) years, and from such behavior by a person who was in a dating relationship with you within the past twelve (12) months. See definitions in the link provided.
If you would like assistance as a victim of Domestic Violence, or to talk to someone about your situation, you are encouraged to contact the Auglaize County Crisis Center, a private non-profit organization that offers assistance, including assistance on how to file for a Civil Protection Order at http://auglaizecrisiscenter.org/index.html, or call (419) 738-5511. Click here for the Ohio Supreme Court’s General Information on Domestic Violence Temporary Protection Order.
For Victims of Domestic Violence (when an arrest has been made or charges are being filed)
You have the right to request the Court where the case is being prosecuted (Municipal, Juvenile or Common Pleas Court) to seek a Domestic Violence Temporary Protection Order as a part of that case in the jurisdiction where the crime occurred. This type (DVTPO) of protection order lasts only until the criminal case concludes, and does not go beyond that time, but must be heard soon after the filing of the criminal case in court (not just the date of arrest), unless continued for good cause shown. These protection orders may be sought in the criminal case, either by the victim or by the investigating officer, to ensure that it is addressed prior to any release of a charged defendant on bail. Forms for these orders are usually filed by the prosecutor, before the bond hearing or initial appearance.
For more information, see Ohio Revised Code §2919.26 and §2903.213.
If there are pending charges, or if there has been an arrest, you should talk to the arresting officer, and to the prosecuting attorney’s office in the jurisdiction where the crime occurred or is being prosecuted, or to a victim advocate in that jurisdiction.
If the crime occurred in Auglaize County, you should contact the Auglaize County Victim Advocate or the Prosecuting Attorney’s office. While you may also file a petition for a civil order (CPO or CSPO), if you obtain a civil order or protection it may dissolve your Domestic Violence Temporary Protection Order associated with the criminal case. You should consult with the prosecutor handling your case or victim advocate before filing for a CPO that would extinguish the DVTPO. You may wish to also consult with your private legal counsel.
For Victims of Menacing by Stalking (No family, household or dating relationship required.)
For victims of Menacing by Stalking where there is no family, household or dating relationship between the victim and the perpetrator, you may still obtain a Civil Stalking Protection Order in the county where you reside.
2903.211 Menacing by stalking.
(A) (1) No person by engaging in a pattern of conduct shall knowingly cause another person to believe that the offender will cause physical harm to the other person or a family or household member of the other person or cause mental distress to the other person or a family or household member of the other person. In addition to any other basis for the other person's belief that the offender will cause physical harm to the other person or the other person's family or household member or mental distress to the other person or the other person's family or household member, the other person's belief or mental distress may be based on words or conduct of the offender that are directed at or identify a corporation, association, or other organization that employs the other person or to which the other person belongs.
(2) No person, through the use of any form of written communication or any electronic method of remotely transferring information, including, but not limited to, any computer, computer network, computer program, r-computer system, or telecommunication device shall post a message or use any intentionally written or verbal graphic gesture with purpose to do either of the following:
(a) Violate division (A)(1) of this section:
(b) Urge or incite another to commit a violation of division (A)(1) of this section.
(3) No person, with a sexual motivation, shall violate division (A)(1) or (2) of this section.
"Mental distress" means any of the following:
(a) Any mental illness or condition that involves some temporary substantial incapacity;
(b) Any mental illness or condition that would normally require psychiatric treatment, psychological treatment, or other mental health services, whether or not any person requested or received psychiatric treatment, psychological treatment, or other mental health services.
Please note that this type of protection order is only for victims of menacing by stalking.
Please note that this allows you to protect you and your family or household members as defined from anyone, even complete strangers, and that there is no requirement that there was any relationship between you and the person you are seeking protection from. Petitions for these types of protection orders must be filed in the Civil Division of the Common Pleas Court in the county where you live.
Sexually Oriented Offenses Protection Orders (SOOPO)
You on your own behalf, or any parent or adult household member may seek a sexually oriented offense protection order on behalf of any other family or household member, by filing a petition against any adult who committed a sexually oriented offense against the person to be protected by the protection order, in the county where the victim resides, or against a juvenile in the Juvenile court where the victim resides. This only protects the victim of the sexual offense. To protect other family or household members, you must file a CPO or CSPO. (If the offender is a juvenile, it must be filed in Juvenile Division in the county where the victim resides.)
If the sexually oriented offender is also a family or household member of the victim or is a person who was in a dating relationship with the victim, you may file for a Civil Protection Order (CPO) in the Domestic Relations division, as explained in that section above.
If the offender is an adult and is not a family or household member of the victim, and is not a person who was in a dating relationship with the victim, you must file for a CSPO/SOOPO in the Civil Division. You may combine the request for a Sexually Oriented Offense Protection Order with either a CPO or a CSPO by making the appropriate allegations on the same forms used for those types of protection orders.
(For more info on CSPO’s, SOOPO’s and forms, click here.)