Often times, the terms “restraining order” and “protection order” are used interchangeably. However, in Ohio these orders serve distinct legal purposes with significantly different consequences for violators. Knowing the difference between a restraining order and a protection order is essential to protecting yourself, your family, and your legal rights.
What Is a Restraining Order?
When most people hear the phrase “restraining order,” they think of a court order that prohibits someone from contacting another person following domestic violence or another harmful act. In Ohio, however, restraining orders can apply to many different situations. For example, in divorce proceedings, courts may issue restraining orders during litigation to freeze financial accounts, prevent asset transfers, or restrict certain actions involving a business while the case is pending. These orders are generally intended to keep things as they are while the court case is ongoing.
If someone violates a restraining order, the other party can ask the court to take action. The court may require the person to follow the order, impose a fine, or, in serious cases, order the person to serve time in jail until they comply.
What Is a Protection Order?
In Ohio, what many people call a “restraining order” is actually a protection order. In an effort to protect parties from future harm, a judge or magistrate can issue a protection order to help protect someone from future harm. The order may require a person to stay away from or have no contact with the protected person and may include other requirements.
Violating a protection order can have serious consequences. Police may arrest the person who violates the order, and prosecutors may file criminal charges.
Ohio protection orders generally fall into two categories: civil protection orders and criminal protection orders. The type of protection order available depends on the relationship between the people involved, the conduct at issue, and whether criminal charges have been filed.
Civil Protection Orders
An individual can seek a Civil Protection Order (CPO) by filing a petition directly with the appropriate civil court. The person requesting the order is called a petitioner, and the person the petition is filed against is called the respondent. Criminal charges do not need to be filed for someone to seek a CPO.
In Ohio, CPOs include several different types of protection orders. Domestic Violence Civil Protection Orders are intended to protect family or household members from domestic violence. Civil Stalking Protection Orders and Civil Sexually Oriented Offense Protection Orders are intended to protect victims of stalking or sexually oriented offenses.
These orders, which can be issued for up to five years, can require the respondent to stay away from the protected person, have no contact with them, or follow other restrictions designed to prevent future harm.
Domestic Violence Civil Protection Orders
R.C. 3113.31 permits Ohio courts to issue Domestic Violence Civil Protection Orders (DVCPOs) to protect individuals who are victims of domestic violence or are at risk of domestic violence from a family or household member.
Family or household members include spouses, former spouses, parents, children, relatives by blood or marriage who live or who have lived with the respondent, and people who have a child together.
A DVCPO may prevent the respondent from contacting the protected person or require the respondent to stay away from the protected person’s residence, workplace, or school. The order may also require the respondent to leave a shared home or address temporary custody or parenting-time arrangements when children are involved.
Civil Stalking Protection Orders & Civil Sexually Oriented Offense Protection Orders
R.C. 2903.214 permits Ohio courts to issue a Civil Stalking Protection Order (CSPO) or Civil Sexually Oriented Offense Protection Order (SSOOPO). These orders are intended to protect victims of stalking or sexually oriented offenses when the parties are not family or household members.
R.C. 2903.211 defines menacing by stalking as engaging in a pattern of conduct (two or more incidents closely related in time) that knowingly causes another person to believe the offender will cause physical harm to them or a family or household member, or that causes mental distress to the person or a family or household member.
When issued, a CSPO or SSOOPO may require the respondent to stop the stalking or sexually oriented conduct and stay away from the protected person. The court may also include other restrictions it considers necessary to protect the petitioner.
Criminal Protection Orders
Ohio courts may issue a Criminal Protection Order when prosecutors have filed qualifying criminal charges. There are two main types. A Domestic Violence Temporary Protection Order (DVTPO) may be issued when the case involves a family or household member. A Criminal Protection Order (CRPO) may be issued in other qualifying criminal cases.
Unlike a Civil Protection Order, a Criminal Protection Order arises directly from the criminal case. The victim does not need to file a separate civil petition to request the order. The court may address the Criminal Protection Order at an arraignment or protection order hearing. The victim may need to appear and explain what happened and why protection is needed.
A Domestic Violence Temporary Protection Order or Criminal Protection Order lasts only while the related criminal charge is pending. When the criminal case concludes, the order expires.
A Civil Protection Order may remain in effect longer than a Domestic Violence Temporary Protection Order or a Criminal Protection Order. For that reason, a victim may choose to file a separate Civil Protection Order petition while a criminal case is pending or near its conclusion to seek continued protection after the criminal case ends.
If the defendant violates a Criminal Protection Order or Domestic Violence Temporary Protection Order, the violation can constitute a separate criminal offense under R.C. 2919.27. Police may arrest the defendant, prosecutors may file additional charges, and the criminal court may revoke or modify bond, impose stricter release conditions, or order the defendant to be held in custody.
Protection orders and restraining orders can serve different purposes in Ohio family law and domestic relations matters. The type of order that may be available depends on the circumstances, the relationship between the parties, and whether a criminal case is involved. Knowing the terms of any order issued by the court is important to ensure you comply with its requirements and take appropriate steps to protect yourself, your family, and your legal rights.
For more information, or to seek counsel from our Family Law practice group, please reach out to request a consultation or call us at 216-696-1422.
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The information contained in this blog post is provided for general informational purposes only and should not be construed as legal advice. Readers should consult with qualified legal counsel regarding their specific circumstances before taking any action based on the information presented.
