No 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.

When 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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This 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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So, 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:

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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. 

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