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Law Offices of Virginia C. Cornwell

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Civil Protection Orders and Domestic Violence Protection Orders in Ohio

September 10, 2013

FAMILY LAWYERNo one should hesitate to seek a civil protection order if it is needed. Domestic violence, or the threat of domestic violence, is serious. However, the order must be respected equally by both parties. Depending on the language of your order, if the petitioner goes near the respondent (person whom the order is against), the petitioner is subject to the same penalties as the respondent.

COLUMBUS FAMILY LAW ATTORNEYWhen an Ohio court grants a civil protection order, the court, and not the petitioner (person seeking the civil protection order), is the person who decides how long the order will last.  It is a common misconception that if the petitioner were to decide that he/she no longer needs the protective order, they have the power to make the court dismiss the protective order.  WRONG.

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FAMILY LAWYERThis is shown by the case Powell v. Becher, 2011-Ohio-267. The couple had a child together in 2008. In this case, the mother was granted a civil protection order against the father in 2009 and that order was to remain in effect until November 3, 2014. In 2010, the mother filed a motion to dismiss the protection order. The trial court denied her motion and she appealed that decision.

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The appellate court noted that the mother had failed to provide a hearing transcript for appellate review so the court only had a few basic facts before it on which to rule. The mother had asked the trial court to terminate the protection order so the father could “be present in daughter’s life.” The trial court had noted that the mother was “undergoing counseling” and advised the parties to retain counsel. Then the trial court denied the mother’s request to terminate the protection order. The appellate court’s conclusion was that “based upon the state of the record before us, we cannot find that the trial court erred in denying the request.” Thus, the protection order remained in effect. The practical implications of this is that a person may have a civil protection order that applies to THEM but not to their child.  On top of this, they may have a court order requiring exchange of the child on a regular basis, and for each of these exchanges, it will be the responsibility of the petitioner, and possibly the respondent as well, to find somebody else to exchange the child for them.  Considering this could last as long as five years, it is a big commitment.

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CPO Domestic Violence LawyerSo, when a petitioner applies for a civil protection order, if the order is granted, he or she must be careful not to unintentionally violate the order themselves, and to carry out all of his or her responsibilities under the order in a lawful manner. If you believe that you need a a civil protection order (Domestic Violence Protection Order), the Supreme Court of Ohio has made forms available that can be used in any court in Ohio:

CLICK HERE 

CALL NOW  at (614) 225-9316

If you would like to meet with our Columbus Family Law Attorneys to discuss whether a civil protection order/ domestic violence protection order is the best path for you, call our office at 614-225-9316. Virginia Cornwell is one of approximately 100 attorneys in Ohio to be certified by the Ohio State Bar Association as a Certified Family Relations Specialist.  She is a divorce lawyer, family law attorney  and child custody lawyer in Columbus, Ohio (Franklin County), but she travels throughout Ohio representing clients from dozens of Counties.  She is licensed to practice in all 88 Ohio Counties. 

DISCLAIMER – Read it, it’s important!

Comments

  1. S says

    September 2, 2014 at 4:01 pm

    from my understanding is that if a person gets a civil order against someone the person that was granted the order can not violate no matter what they do i have been told that by law enforcement and courts

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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
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  • Divorce & Professional or Medical Practice Owners
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  • Legal Separation
  • LGBT Family Law, Divorce, Custody
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  • Ohio Collaborative Divorce
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  • Paternity
  • Post-Decree Modifications
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  • Shared Parenting
  • Temporary Orders in Ohio
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  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

Ohio State Bar Association Certified Family Relations Specialist

Ohio Bar Association Certified Family Law Specialist

Free Information

  • Adoption (4)
  • Alimony or Spousal Support (3)
  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
  • Parental Alienation (2)
  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
  • Shared Parenting (2)
  • Step-Parent Adoption (1)
  • Tax Issues (1)
  • Temporary Orders (5)
  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
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