An Order of Protection, informally known as a "restraining order," is a court-ordered injunction prohibiting a person or entity from contacting another individual. Restraining orders are common in matters where a victim alleges harassment, stalking, assault or abuse, although each state defines the appropriate situations for which a victim may request a restraining order.
While the state of Ohio permits anyone to request a Temporary Restraining Order under emergency circumstances, state law defines certain requirements for victims to apply for and obtain a Civil Protection Order (CPO).
Jurisdictional Requirements
Ohio can only issue restraining orders against individuals over which the state has jurisdiction. In order to qualify, the alleged abuser must have lived in the state of Ohio at the time an act of abuse or threat of abuse occurred. You can still obtain a restraining order even if the abuser moved out of state since the abuse occurred, provided at least one act of violence occurred within state lines.
Relationship Requirements
Except in matters involving an anonymous abuser, you must have a previously established relationship with the abuser to qualify for a CPO. This includes blood and adoptive relatives, marital relatives, spouses (including same-sex partners), children (including stepchildren), roommates and friends. For CPO purposes, Ohio law defines opposite-sex partners (such as a boyfriend and girlfriend) as "living as a spouse" after being in a monogamous relationship for minimum of five years.
Residency Requirements
In addition to having a previous relationship, you must live with or previously have lived with the alleged abuser within the past five years. While Ohio law does not define any length of time for this requirement, precedent generally sets a minimum of six months for the shared residency requirement.
Ohio waives this requirement for victims who have a child in common with their abuser or who are pregnant with the abuser's child at the time of applying.
"Immediate and Present" Danger
To qualify for an Order of Protection, Ohio Revised Code states that you and/or a member of your household are ". . . [in] or under threat of immediate and present danger [of the] abuser." You must prove not only the potential danger, but also that it is imminent without the court's interference. The court typically requires physical evidence, such as video or audio recordings, photographs, previous police reports or existing claims of abuse against your abuser by other victims, before it will issue a restraining order.
Note that establishing the presence of immediate danger for yourself does not automatically establish the presence of immediate danger for any minor children you share in common with your abuser, and it does not void his right to child visitation or custody arrangements already in place. If you wish to include your child, you must either request additional protection for your children, or petition to terminate visitation and/or parental rights.
Informative Requirements
After establishing that you meet the criteria to secure a restraining order, you must furnish the court with your personal information. This includes the full address of your primary residence, any secondary residences (such as a vacation home), your place of employment, school and any other locations you visit on a daily basis. The court may also ask you to provide your home, work and cell phones numbers, your email address, URLs of websites you own or frequent and similar information. Be aware that the court will provide this information to your abuser. Without this information, the court cannot order your abuser to refrain from visiting or contacting you through these mediums, and you will not be able to secure a restraining order.
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