A civil stalking protection order (CSPO) is governed by O.R.C. 2903.214. Under that statute, a court can issue an order to protect an individual from abuse, harassment, or threats. It is used in domestic, stalking, sexual or menacing cases. It requires that an abuser refrain from certain conduct against the victim like contacting or approaching the victim. If you are seeking a CSPO or responding to one filed against you, please contact our office to discuss your legal options.
How Do I File for a Civil Stalking Protection Order in Ohio?
The one who is the subject of the order may challenge the appropriateness or the validity of the order during the legal process. These challenges might include disputing the facts, questioning the petition, arguing constitutional issues, and more. Occasionally, the party may argue a lack of jurisdiction and seek dismissal of the petition from the court. Given the importance of evidence in these cases, there are often evidentiary challenges such as violations of the rules of evidence or attacks on the credibility of evidence or witnesses. Defense attorneys in these cases will often argue that the elements required to issue the protection order are not met for various reasons. As with most Court processes, procedural defense might be available due to defects in the filings or lack of notice.
How Long Does a Civil Stalking Protection Order Last in Ohio?
Most CSPOs in Ohio last 5 years from the date which they are issued. The Court involved, however, is free to set a shorter period of time depending on the circumstances. In cases of temporary ex parte orders, they usually only remain in effect until the full hearing is able to be held (this is usually around 10 days). Once the Court has issued a CSPO, it is possible that the petitioner can have it renewed or extended. There must be a showing of a continued risk or fear of stalking and it must be requested before the original order expires. Once renewed, the Court has discretion as to how long that renewal will last for. If there is not a renewal request made, the CSPO will automatically expire after the time period for which it was designated. If the CSPO expires, the respondent is no longer under any legally binding obligations found within it. With the Courts involvement, it is possible to modify or dismiss a CSPO depending on the circumstances but these types of cases usually involve compelling evidence.
What Happens at a CSPO Hearing and How Should I Prepare?
Once a CSPO petition is filed, the court will usually set a hearing within a few weeks. There may or may not be an “ex parte” order issued in the interim while awaiting the hearing. The hearing is designed to allow the parties involved to present their case, witnesses, and evidence before the judge. In today’s modern digital age, evidence presented is usually based on text messages or social media interactions but may also include photos, videos, police reports, or witness testimony. It’s important to note that the person who filed the petition has the burden of proof in these types of cases. Similar to a trial, both sides can have their respective attorneys help present evidence or challenge evidence. Similarly, both attorneys can question or cross-examine witnesses. Ultimately, the court will make a decision whether to issue a protection order or dismiss the case.
What Are the Consequences of Violating a Civil Stalking Protection Order in Ohio?
If the Court does issue a CSPO, there are many legal ramifications. For example, it can impact the rights of the individual which the order is against to own a firearm. Once a court issues a protection order, it must provide the parties with the following notice:
NOTICEAs a result of this order, it may be unlawful for you to possess or purchase a firearm, including a rifle, pistol, or revolver, or ammunition pursuant to federal law under 18 U.S.C. 922(g)(8) for the duration of this order. If you have any questions whether this law makes it illegal for you to possess or purchase a firearm or ammunition, you should consult an attorney.
If a respondent violates the CPO, they can face criminal charges, contempt of court, or can be arrested. It can lead to penalties like jail time or fines. O.R.C. 2919.27 makes it a criminal offense to violate a CSPO that is lawfully issued by the court. The Court retains the ability to hold an emergency hearing if needed or add additional conditions if warranted. Law enforcement may arrest the respondent if they believe the order was violated and they are required to enforce the order and document a report even for a minor violation of it.
Dennis P. Sawan
