YOUR LEGAL RIGHTS | What you should know about civil protection orders
In recent weeks, Justin Markota and I have been involved in high-profile litigation involving civil protection orders (CPO) and temporary protection orders (TRO). While local media outlets did an excellent job reporting on the events that spurred the litigation and the courtroom drama that ensued, they did not delve into the legal intricacies of CPOs or TPOs.
Thus, this week’s column.
At the outset, I want to be clear: TPOs and CPOs are not trivial matters. They were created to enable people who believe they face a very real threat of suffering physical harm, sexual abuse or mental distress at the hands of another to go to court without a lawyer and quickly obtain the protection of the law and law enforcement needed to keep themselves and their families safe.
There is also nothing trivial about the many ways being placed under a TPO or CPO can impact a person’s life. Their activities may be severely restricted, they may be forced to leave their home, miss work and wear an electronic monitoring device. They also face steep penalties for violating an order ranging from a first-degree misdemeanor, punishable by up to 180 days in jail, to a third-degree felony, punishable up to 36 months in prison.
Unfortunately, because anyone can walk into court and file a motion for a TPO or CPO, too many people use them to get even with a coworker they do not like, punish the neighbor who allows his leaves to blow into the adjoining yard or force the guy who lives in the apartment upstairs who plays loud music until 3:30 A.M. each night to wear headphones.
Please, I implore you, do not abuse the system in these or similar ways, because doing so clogs up the courts and makes it difficult for judges and law enforcement to take care of the people who actually are at risk of being hurt.
All that said, here is what you need to know about TPOs and CPOs:
A number of protection orders are available under Ohio law. The two most commonly used are domestic violence protection orders, which offer protection against threats or violence from a family or household member, and a civil stalking order, which may be issued against a person who knowingly engages in a pattern of conduct that makes another person believe the stalker will cause physical injuries or mental distress.
Examples of “menacing by stalking” include:
Following or repeatedly driving by another’s home;
Making harassing phone calls; sending threatening or harassing letters, texts or emails;
Monitoring another person’s phone use, social media, or email;
Tracking another person’s location with GPS or cell phone;
Trespassing or breaking into another person’s home, business, or property.
Anyone who fears domestic violence or is being stalked may seek protection by filing a petition with the court. A judge or magistrate will conduct a hearing the day the petition is filed without the alleged offending party present (known as an “ex parte” proceeding) and will immediately issue a TPO if they are convinced the petitioner is in danger.
The TPO will be in effect for 7 to 10 court days. At that point, a full hearing will be held and both parties will have the opportunity to present testimony on the matter. If the petitioner proves by a preponderance of the evidence that a protective order is warranted, the TPO will become permanent.
Columbus City Attorney Zach Klein has posted a comprehensive guide to TPOs and CPOs on his website as well as important tips on the steps victims should take to keep themselves out of harm’s way, even if they do obtain an order. I urge anyone who lives with the threat of danger to check them out.
— Attorney David Betras, a senior partner at Betras, Kopp & Markota LLC., directs the firm’s non-litigation activities and practices criminal defense law in both the state and federal courts. He has practiced law for 35 years. Have a legal question you’d like answered here? Send it to news@mahoningmatters.com.