Domestic Violence & Protection Orders Ohio

Domestic violence has immediate legal consequences in Ohio — both civil and criminal. If you are a victim seeking protection, or if you have been falsely accused and served with a protection order, the decisions made in the next 72 hours can shape your case significantly. At Zukerman, Lear, Murray & Brown Co., LPA, our Cleveland family law attorneys handle civil protection order proceedings in Cuyahoga County Domestic Relations Court on behalf of both petitioners and respondents.

Ohio Domestic Violence Law (ORC § 2919.25)

Ohio’s domestic violence statute (ORC § 2919.25) makes it a criminal offense to knowingly cause or attempt to cause physical harm to a family or household member, to recklessly cause serious physical harm, or to cause a family or household member to believe that physical harm is imminent. Family or household members include spouses and former spouses, persons living in the same household, parents and children, and persons who have a child in common. Domestic violence can be charged as a misdemeanor or felony depending on the severity of the conduct and the defendant’s prior record.

Civil Protection Orders Under ORC § 3113.31

Separate from the criminal process, victims of domestic violence can seek a Civil Protection Order (CPO) in the Domestic Relations Court under ORC § 3113.31. A CPO can: require the respondent to leave the shared residence; prohibit the respondent from contacting or approaching the petitioner and the petitioner’s children; grant temporary custody of children to the petitioner; establish temporary child support; and grant the petitioner exclusive use of the family vehicle and home.

Ex parte CPOs (issued without the respondent present) can be obtained on an emergency basis if the court finds immediate and present danger. The respondent is then served and a full hearing is scheduled within 10 days, at which both parties present evidence and the court determines whether to issue a final CPO, which can remain in effect for up to five years.

If You Have Been Served With a CPO

A civil protection order has serious consequences — it can remove you from your home, limit your contact with your children, and affect your employment. A CPO is also a public record that can appear in background checks. If you have been served with an ex parte CPO, you have the right to contest it at the full hearing. Our attorneys appear at CPO hearings regularly in Cuyahoga County and understand how to challenge orders that are based on exaggerated or false allegations.

Protection Orders and Criminal Charges

A CPO proceeding is civil, but the underlying conduct may also be the subject of a criminal investigation or charges. Statements made in a CPO proceeding can be used in a related criminal case. If you are facing both a CPO and criminal domestic violence charges, coordinated legal representation is critical. Our firm handles both criminal defense and family law matters, giving us a unique ability to manage the civil and criminal components of a domestic violence case simultaneously.

Related: Child Custody | Legal Separation | Family Law Overview