In brief, a Civil Protection Order (CPO) is a court-issued order aimed at preventing harm from the Respondent (the other party involved). It's essential to understand that a CPO is a civil remedy, distinct from criminal prosecution. By seeking a CPO, you are not pursuing criminal charges against the Respondent. Instead, you secure the order through the Domestic Relations Court, a civil court specializing in matters of family law and interpersonal relationships. This distinction emphasizes the focus on protection and prevention rather than punitive measures.
A Civil Protection Order (CPO) serves as a legal tool, preventing the Respondent from initiating contact through various means, including telephone, email, or in-person interactions. Additionally, it can bar the Respondent from visiting your home or workplace. To ensure your safety, a CPO may mandate a minimum distance of 500 feet in any setting, even if accidental encounters occur. Furthermore, it might grant you exclusive occupancy of your residence and temporary custody of your children. Financial considerations may come into play, as the Respondent could be required to pay child support. In cases where weapons are involved, forfeiture may be mandated. It's important to note that this list isn't exhaustive, and the specific impact of a CPO can vary in domestic violence cases.
How do I get a CPO?
A Civil Protection Order (CPO) is obtained by petitioning the court. The initial hearing is typically held ex parte, meaning without the presence of the Respondent. During this hearing, the Petitioner, the individual seeking the CPO, explains to the court why it is necessary and outlines the remedies sought.
To obtain a CPO, one must demonstrate imminent physical harm caused by the Respondent, either through bodily injury, attempted bodily injury, or instilling fear of bodily injury through threats of force. It's important to note that there is also a related legal measure known as a Civil Stalking Protection Order, which will not be discussed here.
Following the issuance of the ex parte CPO, a subsequent hearing is scheduled where both parties can present evidence. The court then decides whether more permanent protection is warranted.
Can I get a CPO on behalf of my child(ren)?
It is possible to obtain a CPO on behalf of minor children. The same standards and procedures apply as for adults. However, some special precautions may be taken if the child is old enough and will be testifying.
Should I get a CPO? Do I need one?
This is a question you should discuss with your attorney, as it necessarily involves strategy, planning, and weighing the pros and cons, not to mention safety concerns. If you are looking for an attorney to review your options with regard to a CPO, feel free to call our office at (614) 567-3031 and schedule an initial consultation.
How do I defend against a CPO?
Whether you feel the CPO is warranted or not, this is something that only you and your attorney can address. Family law attorneys, like those at Wood & Long, LLC, understand Ohio law intricacies and are knowledgeable about defending against CPOs.
At Wood & Long, LLC, we understand the sensitive nature of Civil Protection Orders (CPOs) and the impact they can have on individuals and families. Our experienced legal team is dedicated to providing compassionate and strategic support for those seeking or defending against CPOs. With a keen attention to detail and a deep understanding of the complexities involved, our attorneys are well-equipped to navigate the legal nuances surrounding CPO cases. If you are in need of expert guidance in matters of Civil Protection Orders, contact our office at (614) 567-3031. We are here to offer personalized solutions and ensure the protection of your rights.