Protection Order Hearings
There are multiple types of protection orders, also commonly referred to as restraining orders, that may be issued for multiple reasons in Ohio. These orders often stem from domestic violence cases. The individual who files for the protection order if the alleged victim and petitioner. The individual who the order was filed against is the alleged offender and respondent.
The location of a protection order hearing may vary, but individuals who are accused of domestic violence must prepare for any hearing as though they are going to trial. Because these can be complex cases in which emotions run high, it is extremely important for respondents to immediately contact an experienced Dayton protection order hearings attorney as soon as possible.
Dayton Protection Order Hearings Lawyer
If you have been served with a protection order in Montgomery County, you may feel that you are already presumed guilty. The Joslyn Law Firm will fight to protect your rights and restore your good name. We represent individuals in Dayton protection order hearings, and we also serve clients in such nearby areas as Xenia, Fairborn, New Carlisle, and Troy.
You will need help fully preparing for your protection order hearing, and the Joslyn Law Firm will work towards giving you the best possible outcome. Our Dayton protection order hearings attorneys can discuss all of your options with you during a free initial consultation when you contact our firm at (937) 356-3969 or send us a message online.
Montgomery County Protection Orders Information Center
- Types of Protection Orders in Ohio
- Dayton Protection Order Hearings Process
- Possible Injunctions of Final Protection Order
There are essentially four different types of protection orders issued in Ohio:
- Temporary Protection Order (TPO) —Typically issued following a divorce by a criminal court, a TPO is designed to stop the transfer of money and sale of property. Police cannot make arrests based on these orders.
- Civil Protection Order (CPO) —This order is issued by a domestic relations or civil court to protect victims of domestic violence.
- Criminal Protection Order —This is another order issued by the criminal courts in cases involving domestic violence or non-domestic cases involving violence or other criminal charges.
- Anti-Stalking Protection Order (SPO) and Civil Stalking Protection Order (CSPO) — Both of these orders are designed toprotect victims of stalking, but an SPO is issued by a criminal court and a CSPO is issued by a common plea court.
A petitioner can file a motion for a TPO is he or she was the victim of a violation, offense of violence, or sexually oriented offense described in Ohio Revised Code § 2919.26. This order can be made final upon a full hearing under Ohio Revised Code § 3113.31.
The respondent will receive notice of a hearing that will be held as soon as possible to determine if the protection order should be finalized, revoked or modified. If the petitioner can make a showing of “immediate and present danger" at an emergency (ex parte) hearing, the court will issue an emergency (ex parte) order and schedule a full hearing for both sides within seven to 10 days to determine whether a permanent order should be issued.
During a hearing, both the petitioner and respondent are allowed to make opening statements, testify, call witnesses, present evidence, cross-examine the other side, and give closing statements. A judge or magistrate overseeing the hearing makes the final decision regarding whether the order will continue.
You may face several injunctions after your hearing if the protection order against you is finalized after your hearing. These terms can include, but are not limited to the following:
- Loss of or limited parental rights
- Order to give financial support to the alleged victim and/or other family or household members
- Order to vacate your household or residence if you live with the petitioner, even if you own or lease the property
- Prohibition from possession or purchase of a firearm or ammunition
- Refrain from entering the business, residence, school, or place of employment of the alleged victim
- Required counseling
Find the Best Protection Order Hearings Lawyer in Dayton
You need to act quickly after being served with a protection order in Ohio so you can protect your legal rights. The Joslyn Law Firm fights domestic violence allegations and represents clients in protection order hearings in Dayton as well as Beavercreek, Springfield, Piqua, Huber Heights, and Kettering.
Our proficient criminal defense attorneys are dedicated to answering all of your questions throughout the length of your case. Contact our firm at (937) 356-3969 or send us a message online as soon as possible to set up a free, confidential consultation that will help you understand the charges against you and how we may be able to help.