Protection Order Defense Lawyer in Columbus, OH
Serving Greater Central Ohio, Contact Us At 614.675.4845 To Get Started
We represent Respondents in Protection Order cases in Ohio. Respondents are the men and women who are on the receiving end of a civil protection order. We do not represent alleged victims of crimes who may seek civil or criminal protection orders at no cost in court.
When protection orders reach the criminal justice system, defendants (known as “Respondents” in civil cases) face hearings that put serious consequences on the table, including highly restrictive terms, reputational harm, loss of civil rights, and criminal penalties for violations.
At Koffel Brininger Nesbitt, our defense attorneys have decades of experience representing clients facing protection orders (CPO’s), protection order violations (VPO’s) violations and criminal charges which can accompany protection orders, including domestic violence, sex offenses, and stalking.
If you are a target of a protection order in Ohio (also referred to as a restraining order), you have rights and options. Let our nationally-recognized attorneys protect them. Call for a consultation.
Get Educated First on Ohio Protection Order Laws
Protection orders are a type of temporary court order which impose specific terms and restrictions. Typically, they prevent a named individual from being within a certain distance of the person seeking the order, contacting an alleged victim, patronizing their place of employment, and other similar conduct. They may also restrict a person’s civil rights, including their right to own firearms.
In Ohio, there are different types of protection orders:
- DV Civil Protection Order (DV CPO): A DV CPO (O.R.C. 3113.31) is issued by a domestic relations court to protect alleged victims of incidents involving family or household members. CPOs last longer (up to 5 years) than criminal protection orders, and may address child custody and support. Though they are civil orders, violating a CPO is a crime, and respondents who violate terms can be arrested, fined, or incarcerated.
- DV Temporary Protection Order (DV TPO): DV TPOs (O.R.C. § 2919.26) are issued by criminal courts when alleged victims file complaints accusing a defendant of domestic violence or a sexually oriented offense between family or household members. Violating a DV TPO is a crime and may result in fines, incarceration, or revocation of bail. DV TPOs last only until criminal cases conclude, or until a CPO based on the same facts is issued by a domestic relations court.
- Criminal Protection Order (CrPO): A CrPO (O.R.C. § 2903.213) is issued by a criminal court for victims of assault, sexually related offenses, or other violent crimes. It does not require a defendant to be a family or household member. A CRPO remains in effect until a criminal case is resolved, and any violation of a CRPO is a crime.
- CSPO or CSOOPO: A Civil Stalking Protection Order (CSPO) or Civil Sexually Oriented Offense Protection Order (CSOOPO) significantly limits an alleged offender from engaging in behavior that has caused extreme mental distress on two or more occasions closely related in time. Defendants who violate a SSOOPO can be charged with a new crime.
- DV Juvenile Civil Protection Order (DV JCPO): A DV JCPO is issued by a Juvenile Court when respondents are under the age of 18 for alleged instances of domestic violence or sexually oriented offenses involving household members. JCPOs are in effect for a specified period of time not to exceed the respondent’s 19th birthday, and violations are a crime.
- Juvenile Civil Protection Order (JCPO): JCPOs are protection orders involving minors accused of felonious assault, menacing, aggravated trespass, and sexually oriented offenses. These orders remain in effect for a set period of time not beyond the respondent’s 19th birthday, and violations are a crime.
Because protection orders often stem from underlying allegations involving domestic violence / family violence, stalking, or sex offenses, they can make for complex and high-stakes cases which can devolve into “he said, she said” arguments. They also create exposure to new criminal charges for:
- Violation of a Protection Order (O.R.C. § 2919.27)
- Contempt of Court (O.R.C. § 2705.02)
The filing of a petition for a protection order alone does NOT guarantee a Court will grant it. Defendants have the right to contest a protection order at a hearing, (be it an ex parte hearing at the time of arraignment, or a full hearing at a later date) and present evidence to support their side of the story.
As such, it is as equally important to fight any underlying criminal charges that accompany a protection order as it is to fight the petition or violation itself.
Protection Order Hearings & Violation Defense
Given the nature of the allegations, some protection orders may be issued in a manner some may not find just or fair. However, even if you disagree with the protection order, the law requires you to comply with its terms when issued. If you do not, criminal charges that pack serious penalties can be filed.
It is not uncommon for defendants/respondents to accidentally violate a protection order, or to obtain permission from a petitioner or alleged victim to engage in certain prohibited conduct. However, both of these acts are still crimes. Because of this, a clear and carefully crafted defense is crucial.
If you are facing a pending protection order violation hearing, working with experienced defense attorneys can help you fight any underlying allegation, additional penalties, or overly restrictive terms. In addition to defeating a protection order or violation charges, defendants may also seek modifications of certain terms in the order to limit future risks of being charged with a crime.
WARNING: Respondents who want to raise issues of self-defense must file their own request for a protection order per O.R. C. § 3113.31(E)(4).
Call 614.675.4845 To Speak with a Proven Protection Order Defense Attorney
KBN is available to speak with clients facing criminal allegations resulting in petitions for a protection order, new charges for Violation of a Protection Order, and other criminal matters. With decades of experience representing the criminally accused, our team has the insight to fight for clients in hearings and criminal proceedings in courts across Ohio. Call today to speak with an attorney.